House Bill hb1535c1
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    Florida House of Representatives - 2002             CS/HB 1535
        By the Council for Smarter Government and Representatives
    Carassas and Cantens
  1                      A bill to be entitled
  2         An act relating to growth management; amending
  3         s. 163.3180, F.S.; providing for the waiver of
  4         concurrency requirements; amending s. 163.3184,
  5         F.S.; revising definitions; revising provisions
  6         governing the process for adopting
  7         comprehensive plans and plan amendments;
  8         amending s. 380.04, F.S.; revising the
  9         definition of "development" with regard to
10         operations that do not involve development to
11         include:  interstate highways, increases in
12         utility capacity within an existing
13         right-of-way, redevelopment of the same uses
14         and intensity of use within the same parcel
15         footprint, and the transmission of electricity;
16         amending s. 380.06, F.S., relating to
17         developments of regional impact; removing a
18         rebuttable presumption with respect to
19         application of the statewide guidelines and
20         standards and revising the fixed thresholds;
21         providing for submission of biennial, rather
22         than annual, reports by the developer;
23         authorizing submission of a letter, rather than
24         a report, under certain circumstances;
25         providing for amendment of development orders
26         with respect to report frequency; providing
27         that an extension of the date of buildout of
28         less than 7 years is not a substantial
29         deviation; providing a statutory exemption from
30         the development-of-regional-impact process for
31         petroleum storage facilities, waterports, and
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  1         marinas under specified conditions; amending s.
  2         380.0651, F.S.; revising the guidelines and
  3         standards for industrial development, office
  4         development, and retail and service
  5         development; providing application with respect
  6         to developments that have received a
  7         development-of-regional-impact development
  8         order or that have an application for
  9         development approval or notification of
10         proposed change pending; providing an effective
11         date.
12
13  Be It Enacted by the Legislature of the State of Florida:
14
15         Section 1.  Paragraph (c) is added to subsection (4) of
16  section 163.3180, Florida Statutes, to read:
17         163.3180  Concurrency.--
18         (4)
19         (c)  The concurrency requirement, except as it relates
20  to transportation facilities, as implemented in local
21  government comprehensive plans may be waived by a local
22  government for urban infill and redevelopment areas designated
23  pursuant to s. 163.2517 if such a waiver does not endanger
24  public health or safety as defined by the local government in
25  its local government comprehensive plan.  The waiver shall be
26  adopted as a plan amendment pursuant to the process set forth
27  in s. 163.3187(3)(a).  A local government may grant a
28  concurrency exception pursuant to subsection (5) for
29  transportation facilities located within these urban infill
30  and redevelopment areas.
31
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  1         Section 2.  Paragraph (a) of subsection (1),
  2  subsections (3), (4), (6), (7), (8), and (15), and paragraph
  3  (d) of subsection (16) of section 163.3184, Florida Statutes,
  4  are amended to read:
  5         163.3184  Process for adoption of comprehensive plan or
  6  plan amendment.--
  7         (1)  DEFINITIONS.--As used in this section, the term:
  8         (a)  "Affected person" includes the affected local
  9  government; persons owning property, residing, or owning or
10  operating a business within the boundaries of the local
11  government whose plan is the subject of the review; owners of
12  real property abutting real property that is the subject of a
13  proposed change to a future land use map; and adjoining local
14  governments that can demonstrate that the plan or plan
15  amendment will produce substantial impacts on the increased
16  need for publicly funded infrastructure or substantial impacts
17  on areas designated for protection or special treatment within
18  their jurisdiction. Each person, other than an adjoining local
19  government, in order to qualify under this definition, shall
20  also have submitted oral or written comments, recommendations,
21  or objections to the local government during the period of
22  time beginning with the transmittal hearing for the plan or
23  plan amendment and ending with the adoption of the plan or
24  plan amendment.
25         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
26  AMENDMENT.--
27         (a)  Each local governing body shall transmit the
28  complete proposed comprehensive plan or plan amendment to the
29  state land planning agency, the appropriate regional planning
30  council and water management district, the Department of
31  Environmental Protection, the Department of State, and the
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  1  Department of Transportation and, in the case of municipal
  2  plans, to the appropriate county and, in the case of county
  3  plans, to the Fish and Wildlife Conservation Commission and
  4  the Department of Agriculture and Consumer Services
  5  immediately following a public hearing pursuant to subsection
  6  (15) as specified in the state land planning agency's
  7  procedural rules. The local governing body shall also transmit
  8  a copy of the complete proposed comprehensive plan or plan
  9  amendment to any other unit of local government or government
10  agency in the state that has filed a written request with the
11  governing body for the plan or plan amendment. If the plan or
12  plan amendment includes or relates to a public school
13  facilities element, the local governing body shall submit a
14  copy to the Office of Educational Facilities within the Office
15  of the Commissioner of Education for review and comment. The
16  local government may request a review by the state land
17  planning agency pursuant to subsection (6) at the time of the
18  transmittal of an amendment.
19         (b)  A local governing body shall not transmit portions
20  of a plan or plan amendment unless it has previously provided
21  to all state agencies designated by the state land planning
22  agency a complete copy of its adopted comprehensive plan
23  pursuant to subsection (7) and as specified in the agency's
24  procedural rules. In the case of comprehensive plan
25  amendments, the local governing body shall transmit to the
26  state land planning agency, the appropriate regional planning
27  council and water management district, the Department of
28  Environmental Protection, the Department of State, and the
29  Department of Transportation and, in the case of municipal
30  plans, to the appropriate county and, in the case of county
31  plans, to the Fish and Wildlife Conservation Commission and
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  1  the Department of Agriculture and Consumer Services the
  2  materials specified in the state land planning agency's
  3  procedural rules and, in cases in which the plan amendment is
  4  a result of an evaluation and appraisal report adopted
  5  pursuant to s. 163.3191, a copy of the evaluation and
  6  appraisal report. Local governing bodies shall consolidate all
  7  proposed plan amendments into a single submission for each of
  8  the two plan amendment adoption dates during the calendar year
  9  pursuant to s. 163.3187.
10         (c)  A local government may adopt a proposed plan
11  amendment previously transmitted pursuant to this subsection,
12  unless review is requested or otherwise initiated pursuant to
13  subsection (6).
14         (d)  In cases in which a local government transmits
15  multiple individual amendments that can be clearly and legally
16  separated and distinguished for the purpose of determining
17  whether to review the proposed amendment, and the state land
18  planning agency elects to review several or a portion of the
19  amendments and the local government chooses to immediately
20  adopt the remaining amendments not reviewed, the amendments
21  immediately adopted and any reviewed amendments that the local
22  government subsequently adopts together constitute one
23  amendment cycle in accordance with s. 163.3187(1).
24         (4)  INTERGOVERNMENTAL REVIEW.--The If review of a
25  proposed comprehensive plan amendment is requested or
26  otherwise initiated pursuant to subsection (6), the state land
27  planning agency within 5 working days of determining that such
28  a review will be conducted shall transmit a copy of the
29  proposed plan amendment to various government agencies, as
30  appropriate, for response or comment, including, but not
31  limited to, the Department of Environmental Protection, the
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  1  Department of Transportation, the water management district,
  2  and the regional planning council, and, in the case of
  3  municipal plans, to the county land planning agency. These
  4  governmental agencies specified in paragraph (3)(a) shall
  5  provide comments to the state land planning agency within 30
  6  days after receipt by the state land planning agency of the
  7  complete proposed plan amendment. The appropriate regional
  8  planning council shall also provide its written comments to
  9  the state land planning agency within 30 days after receipt by
10  the state land planning agency of the complete proposed plan
11  amendment and shall specify any objections, recommendations
12  for modifications, and comments of any other regional agencies
13  to which the regional planning council may have referred the
14  proposed plan amendment. Written comments submitted by the
15  public within 30 days after notice of transmittal by the local
16  government of the proposed plan amendment will be considered
17  as if submitted by governmental agencies. All written agency
18  and public comments must be made part of the file maintained
19  under subsection (2).
20         (6)  STATE LAND PLANNING AGENCY REVIEW.--
21         (a)  The state land planning agency shall review a
22  proposed plan amendment upon request of a regional planning
23  council, affected person, or local government transmitting the
24  plan amendment. The request from the regional planning council
25  or affected person must be if the request is received within
26  30 days after transmittal of the proposed plan amendment
27  pursuant to subsection (3).  The agency shall issue a report
28  of its objections, recommendations, and comments regarding the
29  proposed plan amendment.  A regional planning council or
30  affected person requesting a review shall do so by submitting
31  a written request to the agency with a notice of the request
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  1  to the local government and any other person who has requested
  2  notice.
  3         (b)  The state land planning agency may review any
  4  proposed plan amendment regardless of whether a request for
  5  review has been made, if the agency gives notice to the local
  6  government, and any other person who has requested notice, of
  7  its intention to conduct such a review within 35 30 days after
  8  receipt of transmittal of the complete proposed plan amendment
  9  pursuant to subsection (3).
10         (c)  The state land planning agency shall establish by
11  rule a schedule for receipt of comments from the various
12  government agencies, as well as written public comments,
13  pursuant to subsection (4). If the state land planning agency
14  elects to review the amendment or the agency is required to
15  review the amendment as specified in paragraph (a), the agency
16  shall issue a report giving its objections, recommendations,
17  and comments regarding the proposed amendment within 60 days
18  after receipt of the complete proposed amendment by the state
19  land planning agency. The state land planning agency shall
20  have 30 days to review comments from the various government
21  agencies along with a local government's comprehensive plan or
22  plan amendment. During that period, the state land planning
23  agency shall transmit in writing its comments to the local
24  government along with any objections and any recommendations
25  for modifications.  When a federal, state, or regional agency
26  has implemented a permitting program, the state land planning
27  agency shall not require a local government to duplicate or
28  exceed that permitting program in its comprehensive plan or to
29  implement such a permitting program in its land development
30  regulations.  Nothing contained herein shall prohibit the
31  state land planning agency in conducting its review of local
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  1  plans or plan amendments from making objections,
  2  recommendations, and comments or making compliance
  3  determinations regarding densities and intensities consistent
  4  with the provisions of this part. In preparing its comments,
  5  the state land planning agency shall only base its
  6  considerations on written, and not oral, comments, from any
  7  source.
  8         (d)  The state land planning agency review shall
  9  identify all written communications with the agency regarding
10  the proposed plan amendment. If the state land planning agency
11  does not issue such a review, it shall identify in writing to
12  the local government all written communications received 30
13  days after transmittal. The written identification must
14  include a list of all documents received or generated by the
15  agency, which list must be of sufficient specificity to enable
16  the documents to be identified and copies requested, if
17  desired, and the name of the person to be contacted to request
18  copies of any identified document. The list of documents must
19  be made a part of the public records of the state land
20  planning agency.
21         (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
22  PLAN OR AMENDMENTS AND TRANSMITTAL.--
23         (a)  The local government shall review the written
24  comments submitted to it by the state land planning agency,
25  and any other person, agency, or government.  Any comments,
26  recommendations, or objections and any reply to them shall be
27  public documents, a part of the permanent record in the
28  matter, and admissible in any proceeding in which the
29  comprehensive plan or plan amendment may be at issue.  The
30  local government, upon receipt of written comments from the
31  state land planning agency, shall have 120 days to adopt or
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  1  adopt with changes the proposed comprehensive plan or s.
  2  163.3191 plan amendments.  In the case of comprehensive plan
  3  amendments other than those proposed pursuant to s. 163.3191,
  4  the local government shall have 60 days to adopt the
  5  amendment, adopt the amendment with changes, or determine that
  6  it will not adopt the amendment. The adoption of the proposed
  7  plan or plan amendment or the determination not to adopt a
  8  plan amendment, other than a plan amendment proposed pursuant
  9  to s. 163.3191, shall be made in the course of a public
10  hearing pursuant to subsection (15).  The local government
11  shall transmit the complete adopted comprehensive plan or
12  adopted plan amendment, including the names and addresses of
13  persons compiled pursuant to paragraph (15)(c), to the state
14  land planning agency as specified in the agency's procedural
15  rules within 10 working days after adoption.  The local
16  governing body shall also transmit a copy of the adopted
17  comprehensive plan or plan amendment to the regional planning
18  agency and to any other unit of local government or
19  governmental agency in the state that has filed a written
20  request with the governing body for a copy of the plan or plan
21  amendment.
22         (b)  If the adopted plan amendment is unchanged from
23  the proposed plan amendment transmitted pursuant to subsection
24  (3) and an affected person as defined in paragraph (1)(a) did
25  not raise any objection, the state land planning agency did
26  not review the proposed plan amendment, and the state land
27  planning agency did not raise any objections during its review
28  pursuant to subsection (6), the local government may state in
29  the transmittal letter that the plan amendment is unchanged
30  and was not the subject of objections.
31         (8)  NOTICE OF INTENT.--
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  1         (a)  If the transmittal letter correctly states that
  2  the plan amendment is unchanged and was not the subject of
  3  review or objections pursuant to paragraph (7)(b), the state
  4  land planning agency has 20 days after receipt of the
  5  transmittal letter within which to issue a notice of intent
  6  that the plan amendment is in compliance.
  7         (b)(a)  Except as provided in paragraph (a) or in s.
  8  163.3187(3), the state land planning agency, upon receipt of a
  9  local government's complete adopted comprehensive plan or plan
10  amendment, shall have 45 days for review and to determine if
11  the plan or plan amendment is in compliance with this act,
12  unless the amendment is the result of a compliance agreement
13  entered into under subsection (16), in which case the time
14  period for review and determination shall be 30 days.  If
15  review was not conducted under subsection (6), the agency's
16  determination must be based upon the plan amendment as
17  adopted.  If review was conducted under subsection (6), the
18  agency's determination of compliance must be based only upon
19  one or both of the following:
20         1.  The state land planning agency's written comments
21  to the local government pursuant to subsection (6); or
22         2.  Any changes made by the local government to the
23  comprehensive plan or plan amendment as adopted.
24         (c)(b)1.  During the time period provided for in this
25  subsection, the state land planning agency shall issue,
26  through a senior administrator or the secretary, as specified
27  in the agency's procedural rules, a notice of intent to find
28  that the plan or plan amendment is in compliance or not in
29  compliance. A notice of intent shall be issued by publication
30  in the manner provided by this paragraph and by mailing a copy
31  to the local government and to persons who request notice.
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  1  The required advertisement shall be no less than 2 columns
  2  wide by 10 inches long, and the headline in the advertisement
  3  shall be in a type no smaller than 12 point. The advertisement
  4  shall not be placed in that portion of the newspaper where
  5  legal notices and classified advertisements appear.  The
  6  advertisement shall be published in a newspaper which meets
  7  the size and circulation requirements set forth in paragraph
  8  (15)(c) and which has been designated in writing by the
  9  affected local government at the time of transmittal of the
10  amendment. Publication by the state land planning agency of a
11  notice of intent in the newspaper designated by the local
12  government shall be prima facie evidence of compliance with
13  the publication requirements of this section.
14         2.  For fiscal year 2001-2002 only, the provisions of
15  this subparagraph shall supersede the provisions of
16  subparagraph 1. During the time period provided for in this
17  subsection, the state land planning agency shall issue,
18  through a senior administrator or the secretary, as specified
19  in the agency's procedural rules, a notice of intent to find
20  that the plan or plan amendment is in compliance or not in
21  compliance. A notice of intent shall be issued by publication
22  in the manner provided by this paragraph and by mailing a copy
23  to the local government. The advertisement shall be placed in
24  that portion of the newspaper where legal notices appear. The
25  advertisement shall be published in a newspaper that meets the
26  size and circulation requirements set forth in paragraph
27  (15)(e)(c) and that has been designated in writing by the
28  affected local government at the time of transmittal of the
29  amendment. Publication by the state land planning agency of a
30  notice of intent in the newspaper designated by the local
31  government shall be prima facie evidence of compliance with
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  1  the publication requirements of this section. The state land
  2  planning agency shall post a copy of the notice of intent on
  3  the agency's Internet site. The agency shall, no later than
  4  the date the notice of intent is transmitted to the newspaper,
  5  send by regular mail a courtesy informational statement to
  6  persons who provide their names and addresses to the local
  7  government at the transmittal hearing or at the adoption
  8  hearing where the local government has provided the names and
  9  addresses of such persons to the department at the time of
10  transmittal of the adopted amendment. The informational
11  statements shall include the name of the newspaper in which
12  the notice of intent will appear, the approximate date of
13  publication, the ordinance number of the plan or plan
14  amendment, and a statement that affected persons have 21 days
15  after the actual date of publication of the notice to file a
16  petition. This subparagraph expires July 1, 2002.
17         2.  A local government that has an Internet site shall
18  post a copy of the state land planning agency's notice of
19  intent on the site within 5 days after receipt of the mailed
20  copy of the agency's notice of intent.
21         (15)  PUBLIC HEARINGS.--
22         (a)  The procedure for transmittal of a complete
23  proposed comprehensive plan or plan amendment pursuant to
24  subsection (3) and for adoption of a comprehensive plan or
25  plan amendment pursuant to subsection (7) shall be by
26  affirmative vote of not less than a majority of the members of
27  the governing body present at the hearing.  The adoption of a
28  comprehensive plan or plan amendment shall be by ordinance.
29  For the purposes of transmitting or adopting a comprehensive
30  plan or plan amendment, the notice requirements in chapters
31
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  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.
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  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.  Subsection (3) of section 380.04, Florida
25  Statutes, is amended to read:
26         380.04  Definition of development.--
27         (3)  The following operations or uses shall not be
28  taken for the purpose of this chapter to involve "development"
29  as defined in this section:
30         (a)  Work by a highway or road agency or railroad
31  company for the maintenance or improvement of a road or
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  1  railroad track, if the work is carried out on land within the
  2  boundaries of the right-of-way or any work or construction on
  3  the interstate highway system.
  4         (b)  Work by any utility and other persons engaged in
  5  the distribution or transmission of electricity, gas, or
  6  water, for the purpose of inspecting, repairing, renewing, or
  7  constructing, or enlarging capacity on established
  8  rights-of-way any sewers, mains, pipes, cables, utility
  9  tunnels, power lines, towers, poles, tracks, or the like.
10         (c)  Work for the maintenance, renewal, improvement, or
11  alteration of any structure, if the work affects only the
12  interior or the color of the structure or the decoration of
13  the exterior of the structure.
14         (d)  Construction, renovation, or redevelopment within
15  the same land parcel that does not change land uses or
16  intensity of use.
17         (e)(d)  The use of any structure or land devoted to
18  dwelling uses for any purpose customarily incidental to
19  enjoyment of the dwelling.
20         (f)(e)  The use of any land for the purpose of growing
21  plants, crops, trees, and other agricultural or forestry
22  products; raising livestock; or for other agricultural
23  purposes.
24         (g)(f)  A change in use of land or structure from a use
25  within a class specified in an ordinance or rule to another
26  use in the same class.
27         (h)(g)  A change in the ownership or form of ownership
28  of any parcel or structure.
29         (i)(h)  The creation or termination of rights of
30  access, riparian rights, easements, covenants concerning
31  development of land, or other rights in land.
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  1         Section 4.  Paragraph (d) of subsection (2), paragraph
  2  (b) of subsection (4), paragraph (a) of subsection (8),
  3  paragraph (c) of subsection (15), subsection (18), and
  4  paragraphs (c) and (e) of subsection (19) of section 380.06,
  5  Florida Statutes, are amended, and paragraphs (i) and (j) are
  6  added to subsection (24) of said section, to read:
  7         380.06  Developments of regional impact.--
  8         (2)  STATEWIDE GUIDELINES AND STANDARDS.--
  9         (d)  The guidelines and standards shall be applied as
10  follows:
11         1.  Fixed thresholds.--
12         a.  A development that is at or below 100 80 percent of
13  all numerical thresholds in the guidelines and standards shall
14  not be required to undergo development-of-regional-impact
15  review.
16         b.  A development that is at or above 120 percent of
17  any numerical threshold shall be required to undergo
18  development-of-regional-impact review.
19         c.  Projects certified under s. 403.973 which create at
20  least 100 jobs and meet the criteria of the Office of Tourism,
21  Trade, and Economic Development as to their impact on an
22  area's economy, employment, and prevailing wage and skill
23  levels that are at or below 100 percent of the numerical
24  thresholds for industrial plants, industrial parks,
25  distribution, warehousing or wholesaling facilities, office
26  development or multiuse projects other than residential, as
27  described in s. 380.0651(3)(c), (d), and (i), are not required
28  to undergo development-of-regional-impact review.
29         2.  Rebuttable presumption presumptions.--
30
31
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  1         a.  It shall be presumed that a development that is
  2  between 80 and 100 percent of a numerical threshold shall not
  3  be required to undergo development-of-regional-impact review.
  4         b.  It shall be presumed that a development that is at
  5  100 percent or between 100 and 120 percent of a numerical
  6  threshold shall be required to undergo
  7  development-of-regional-impact review.
  8         (4)  BINDING LETTER.--
  9         (b)  Unless a developer waives the requirements of this
10  paragraph by agreeing to undergo
11  development-of-regional-impact review pursuant to this
12  section, the state land planning agency or local government
13  with jurisdiction over the land on which a development is
14  proposed may require a developer to obtain a binding letter
15  if:
16         1.  the development is at a presumptive numerical
17  threshold or up to 20 percent above a numerical threshold in
18  the guidelines and standards.; or
19         2.  The development is between a presumptive numerical
20  threshold and 20 percent below the numerical threshold and the
21  local government or the state land planning agency is in doubt
22  as to whether the character or magnitude of the development at
23  the proposed location creates a likelihood that the
24  development will have a substantial effect on the health,
25  safety, or welfare of citizens of more than one county.
26         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--
27         (a)  A developer may enter into a written preliminary
28  development agreement with the state land planning agency to
29  allow a developer to proceed with a limited amount of the
30  total proposed development, subject to all other governmental
31  approvals and solely at the developer's own risk, prior to
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  1  issuance of a final development order.  All owners of the land
  2  in the total proposed development shall join the developer as
  3  parties to the agreement. Each agreement shall include and be
  4  subject to the following conditions:
  5         1.  The developer shall comply with the preapplication
  6  conference requirements pursuant to subsection (7) within 45
  7  days after the execution of the agreement.
  8         2.  The developer shall file an application for
  9  development approval for the total proposed development within
10  3 months after execution of the agreement, unless the state
11  land planning agency agrees to a different time for good cause
12  shown. Failure to timely file an application and to otherwise
13  diligently proceed in good faith to obtain a final development
14  order shall constitute a breach of the preliminary development
15  agreement.
16         3.  The agreement shall include maps and legal
17  descriptions of both the preliminary development area and the
18  total proposed development area and shall specifically
19  describe the preliminary development in terms of magnitude and
20  location.  The area approved for preliminary development must
21  be included in the application for development approval and
22  shall be subject to the terms and conditions of the final
23  development order.
24         4.  The preliminary development shall be limited to
25  lands that the state land planning agency agrees are suitable
26  for development and shall only be allowed in areas where
27  adequate public infrastructure exists to accommodate the
28  preliminary development, when such development will utilize
29  public infrastructure.  The developer must also demonstrate
30  that the preliminary development will not result in material
31
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  1  adverse impacts to existing resources or existing or planned
  2  facilities.
  3         5.  The preliminary development agreement may allow
  4  development which is:
  5         a.  Less than or equal to 100 80 percent of any
  6  applicable threshold if the developer demonstrates that such
  7  development is consistent with subparagraph 4.; or
  8         b.  Less than 120 percent of any applicable threshold
  9  if the developer demonstrates that such development is part of
10  a proposed downtown development of regional impact specified
11  in subsection (22) or part of any areawide development of
12  regional impact specified in subsection (25) and that the
13  development is consistent with subparagraph 4.
14         6.  The developer and owners of the land may not claim
15  vested rights, or assert equitable estoppel, arising from the
16  agreement or any expenditures or actions taken in reliance on
17  the agreement to continue with the total proposed development
18  beyond the preliminary development. The agreement shall not
19  entitle the developer to a final development order approving
20  the total proposed development or to particular conditions in
21  a final development order.
22         7.  The agreement shall not prohibit the regional
23  planning agency from reviewing or commenting on any regional
24  issue that the regional agency determines should be included
25  in the regional agency's report on the application for
26  development approval.
27         8.  The agreement shall include a disclosure by the
28  developer and all the owners of the land in the total proposed
29  development of all land or development within 5 miles of the
30  total proposed development in which they have an interest and
31  shall describe such interest.
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  1         9.  In the event of a breach of the agreement or
  2  failure to comply with any condition of the agreement, or if
  3  the agreement was based on materially inaccurate information,
  4  the state land planning agency may terminate the agreement or
  5  file suit to enforce the agreement as provided in this section
  6  and s. 380.11, including a suit to enjoin all development.
  7         10.  A notice of the preliminary development agreement
  8  shall be recorded by the developer in accordance with s.
  9  28.222 with the clerk of the circuit court for each county in
10  which land covered by the terms of the agreement is located.
11  The notice shall include a legal description of the land
12  covered by the agreement and shall state the parties to the
13  agreement, the date of adoption of the agreement and any
14  subsequent amendments, the location where the agreement may be
15  examined, and that the agreement constitutes a land
16  development regulation applicable to portions of the land
17  covered by the agreement.  The provisions of the agreement
18  shall inure to the benefit of and be binding upon successors
19  and assigns of the parties in the agreement.
20         11.  Except for those agreements which authorize
21  preliminary development for substantial deviations pursuant to
22  subsection (19), a developer who no longer wishes to pursue a
23  development of regional impact may propose to abandon any
24  preliminary development agreement executed after January 1,
25  1985, including those pursuant to s. 380.032(3), provided at
26  the time of abandonment:
27         a.  A final development order under this section has
28  been rendered that approves all of the development actually
29  constructed; or
30         b.  The amount of development is less than 100 80
31  percent of all numerical thresholds of the guidelines and
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  1  standards, and the state land planning agency determines in
  2  writing that the development to date is in compliance with all
  3  applicable local regulations and the terms and conditions of
  4  the preliminary development agreement and otherwise adequately
  5  mitigates for the impacts of the development to date.
  6
  7  In either event, when a developer proposes to abandon said
  8  agreement, the developer shall give written notice and state
  9  that he or she is no longer proposing a development of
10  regional impact and provide adequate documentation that he or
11  she has met the criteria for abandonment of the agreement to
12  the state land planning agency.  Within 30 days of receipt of
13  adequate documentation of such notice, the state land planning
14  agency shall make its determination as to whether or not the
15  developer meets the criteria for abandonment.  Once the state
16  land planning agency determines that the developer meets the
17  criteria for abandonment, the state land planning agency shall
18  issue a notice of abandonment which shall be recorded by the
19  developer in accordance with s. 28.222 with the clerk of the
20  circuit court for each county in which land covered by the
21  terms of the agreement is located.
22         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
23         (c)  The development order shall include findings of
24  fact and conclusions of law consistent with subsections (13)
25  and (14). The development order:
26         1.  Shall specify the monitoring procedures and the
27  local official responsible for assuring compliance by the
28  developer with the development order.
29         2.  Shall establish compliance dates for the
30  development order, including a deadline for commencing
31  physical development and for compliance with conditions of
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  1  approval or phasing requirements, and shall include a
  2  termination date that reasonably reflects the time required to
  3  complete the development.
  4         3.  Shall establish a date until which the local
  5  government agrees that the approved development of regional
  6  impact shall not be subject to downzoning, unit density
  7  reduction, or intensity reduction, unless the local government
  8  can demonstrate that substantial changes in the conditions
  9  underlying the approval of the development order have occurred
10  or the development order was based on substantially inaccurate
11  information provided by the developer or that the change is
12  clearly established by local government to be essential to the
13  public health, safety, or welfare.
14         4.  Shall specify the requirements for the biennial
15  annual report designated under subsection (18), including the
16  date of submission, parties to whom the report is submitted,
17  and contents of the report, based upon the rules adopted by
18  the state land planning agency.  Such rules shall specify the
19  scope of any additional local requirements that may be
20  necessary for the report.
21         5.  May specify the types of changes to the development
22  which shall require submission for a substantial deviation
23  determination under subsection (19).
24         6.  Shall include a legal description of the property.
25         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall
26  submit a biennial an annual report on the development of
27  regional impact to the local government, the regional planning
28  agency, the state land planning agency, and all affected
29  permit agencies in alternate years on the date specified in
30  the development order, unless the development order by its
31  terms requires more frequent monitoring.  If the annual report
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  1  is not received, the regional planning agency or the state
  2  land planning agency shall notify the local government.  If
  3  the local government does not receive the annual report or
  4  receives notification that the regional planning agency or the
  5  state land planning agency has not received the report, the
  6  local government shall request in writing that the developer
  7  submit the report within 30 days.  The failure to submit the
  8  report after 30 days shall result in the temporary suspension
  9  of the development order by the local government. If no
10  additional development pursuant to the development order has
11  occurred since the submission of the previous report, then a
12  letter from the developer stating that no development has
13  occurred shall satisfy the requirement for a report.
14  Development orders which require annual reports may be amended
15  to require biennial reports at the option of the local
16  government.
17         (19)  SUBSTANTIAL DEVIATIONS.--
18         (c)  An extension of the date of buildout of a
19  development, or any phase thereof, by 7 or more years shall be
20  presumed to create a substantial deviation subject to further
21  development-of-regional-impact review.  An extension of the
22  date of buildout, or any phase thereof, of 5 years or more but
23  less than 7 years shall be presumed not to create a
24  substantial deviation. These presumptions may be rebutted by
25  clear and convincing evidence at the public hearing held by
26  the local government.  An extension of less than 7 5 years is
27  not a substantial deviation. For the purpose of calculating
28  when a buildout, phase, or termination date has been exceeded,
29  the time shall be tolled during the pendency of administrative
30  or judicial proceedings relating to development permits.  Any
31  extension of the buildout date of a project or a phase thereof
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  1  shall automatically extend the commencement date of the
  2  project, the termination date of the development order, the
  3  expiration date of the development of regional impact, and the
  4  phases thereof by a like period of time.
  5         (e)1.  A proposed change which, either individually or,
  6  if there were previous changes, cumulatively with those
  7  changes, is equal to or exceeds 40 percent of any numerical
  8  criterion in subparagraphs (b)1.-15., but which does not
  9  exceed such criterion, shall be presumed not to create a
10  substantial deviation subject to further
11  development-of-regional-impact review.  The presumption may be
12  rebutted by clear and convincing evidence at the public
13  hearing held by the local government pursuant to subparagraph
14  (f)5.
15         2.  Except for a development order rendered pursuant to
16  subsection (22) or subsection (25), a proposed change to a
17  development order that individually or cumulatively with any
18  previous change is less than 40 percent of any numerical
19  criterion contained in subparagraphs (b)1.-15. and does not
20  exceed any other criterion is not a substantial deviation, or
21  that involves an extension of the buildout date of a
22  development, or any phase thereof, of less than 5 years is not
23  subject to the public hearing requirements of subparagraph
24  (f)3., and is not subject to a determination pursuant to
25  subparagraph (f)5.  Notice of the proposed change shall be
26  made to the regional planning council and the state land
27  planning agency. Such notice shall include a description of
28  previous individual changes made to the development, including
29  changes previously approved by the local government, and shall
30  include appropriate amendments to the development order. The
31
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  1  following changes, individually or cumulatively with any
  2  previous changes, are not substantial deviations:
  3         a.  Changes in the name of the project, developer,
  4  owner, or monitoring official.
  5         b.  Changes to a setback that do not affect noise
  6  buffers, environmental protection or mitigation areas, or
  7  archaeological or historical resources.
  8         c.  Changes to minimum lot sizes.
  9         d.  Changes in the configuration of internal roads that
10  do not affect external access points.
11         e.  Changes to the building design or orientation that
12  stay approximately within the approved area designated for
13  such building and parking lot, and which do not affect
14  historical buildings designated as significant by the Division
15  of Historical Resources of the Department of State.
16         f.  Changes to increase the acreage in the development,
17  provided that no development is proposed on the acreage to be
18  added.
19         g.  Changes to eliminate an approved land use, provided
20  that there are no additional regional impacts.
21         h.  Changes required to conform to permits approved by
22  any federal, state, or regional permitting agency, provided
23  that these changes do not create additional regional impacts.
24         i.  Any other change which the state land planning
25  agency agrees in writing is similar in nature, impact, or
26  character to the changes enumerated in sub-subparagraphs a.-h.
27  and which does not create the likelihood of any additional
28  regional impact.
29
30  This subsection does not require a development order amendment
31  for any change listed in sub-subparagraphs a.-i. unless such
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  1  issue is addressed either in the existing development order or
  2  in the application for development approval, but, in the case
  3  of the application, only if, and in the manner in which, the
  4  application is incorporated in the development order.
  5         3.  Except for the change authorized by
  6  sub-subparagraph 2.f., any addition of land not previously
  7  reviewed or any change not specified in paragraph (b) or
  8  paragraph (c) shall be presumed to create a substantial
  9  deviation.  This presumption may be rebutted by clear and
10  convincing evidence.
11         4.  Any submittal of a proposed change to a previously
12  approved development shall include a description of individual
13  changes previously made to the development, including changes
14  previously approved by the local government.  The local
15  government shall consider the previous and current proposed
16  changes in deciding whether such changes cumulatively
17  constitute a substantial deviation requiring further
18  development-of-regional-impact review.
19         5.  The following changes to an approved development of
20  regional impact shall be presumed to create a substantial
21  deviation.  Such presumption may be rebutted by clear and
22  convincing evidence.
23         a.  A change proposed for 15 percent or more of the
24  acreage to a land use not previously approved in the
25  development order.  Changes of less than 15 percent shall be
26  presumed not to create a substantial deviation.
27         b.  Except for the types of uses listed in subparagraph
28  (b)16., any change which would result in the development of
29  any area which was specifically set aside in the application
30  for development approval or in the development order for
31  preservation, buffers, or special protection, including
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  1  habitat for plant and animal species, archaeological and
  2  historical sites, dunes, and other special areas.
  3         c.  Notwithstanding any provision of paragraph (b) to
  4  the contrary, a proposed change consisting of simultaneous
  5  increases and decreases of at least two of the uses within an
  6  authorized multiuse development of regional impact which was
  7  originally approved with three or more uses specified in s.
  8  380.0651(3)(c), (d), (f), and (g) and residential use.
  9         (24)  STATUTORY EXEMPTIONS.--
10         (i)  Any proposed facility for the storage of any
11  petroleum product is exempt from the provisions of this
12  section if such facility is consistent with a local
13  comprehensive plan that is in compliance with s. 163.3177 or
14  is consistent with a comprehensive port master plan that is in
15  compliance with s. 163.3178.
16         (j)1.  Any proposal to increase development at a
17  waterport or marina existing on the effective date of this act
18  or to develop a new waterport or marina is exempt from the
19  provisions of this section, unless it is located within a
20  county identified in s. 370.12(2)(f).
21         2.  A waterport or marina located within a county
22  identified in s. 370.12(2)(f) shall be exempt from the
23  provisions of this section when such county has had its
24  manatee protection plan approved by the Florida Fish and
25  Wildlife Conservation Commission.  The Florida Fish and
26  Wildlife Conservation Commission shall approve such manatee
27  protection plan by December 31, 2003, then any increase in
28  development or new development in such county shall be exempt
29  from the provisions of this section.  In the counties
30  identified in s. 370.12(2)(f), prior to the approval of a
31  manatee protection plan on December 31, 2003, the current
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  1  standards and thresholds provided in subparagraph (b)8. and s.
  2  380.0651(3)(e) are applicable.
  3         Section 5.  Paragraphs (c), (d), and (f) of subsection
  4  (3) of section 380.0651, Florida Statutes, are amended to
  5  read:
  6         380.0651  Statewide guidelines and standards.--
  7         (3)  The following statewide guidelines and standards
  8  shall be applied in the manner described in s. 380.06(2) to
  9  determine whether the following developments shall be required
10  to undergo development-of-regional-impact review:
11         (c)  Industrial plants, industrial parks, and
12  distribution, warehousing or wholesaling facilities.--Any
13  proposed industrial, manufacturing, or processing plant, or
14  distribution, warehousing, or wholesaling facility, excluding
15  wholesaling developments which deal primarily with the general
16  public onsite, under common ownership, or any proposed
17  industrial, manufacturing, or processing activity or
18  distribution, warehousing, or wholesaling activity, excluding
19  wholesaling activities which deal primarily with the general
20  public onsite, which:
21         1.  Provides parking for more than 2,500 motor
22  vehicles; or
23         2.  Occupies a site greater than 480 320 acres.
24         (d)  Office development.--Any proposed office building
25  or park operated under common ownership, development plan, or
26  management that:
27         1.  Encompasses 300,000 or more square feet of gross
28  floor area; or
29         2.  Has a total site size of 30 or more acres; or
30         3.  Encompasses more than 600,000 square feet of gross
31  floor area in a county with a population greater than 500,000
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  1  and only in a geographic area specifically designated as
  2  highly suitable for increased threshold intensity in the
  3  approved local comprehensive plan and in the strategic
  4  regional policy plan.
  5         (f)  Retail and service development.--Any proposed
  6  retail, service, or wholesale business establishment or group
  7  of establishments which deals primarily with the general
  8  public onsite, operated under one common property ownership,
  9  development plan, or management that:
10         1.  Encompasses more than 400,000 square feet of gross
11  area; or
12         2.  Occupies more than 40 acres of land; or
13         3.  Provides parking spaces for more than 2,500 cars.
14         Section 6.  (1)  Nothing contained in this act abridges
15  or modifies any vested or other right or any duty or
16  obligation pursuant to any development order or agreement that
17  is applicable to a development of regional impact on the
18  effective date of this act.  A development that has received a
19  development-of-regional-impact development order pursuant to
20  s. 380.06, Florida Statutes 2001, but is no longer required to
21  undergo development-of-regional-impact review by operation of
22  this act, shall be governed by the following procedures:
23         (a)  The development shall continue to be governed by
24  the development-of-regional-impact development order and may
25  be completed in reliance upon and pursuant to the development
26  order.  The development-of-regional-impact development order
27  may be enforced by the local government as provided by ss.
28  380.06(17) and 380.11, Florida Statutes 2001.
29         (b)  If requested by the developer or landowner, the
30  development-of-regional-impact development order may be
31  amended or rescinded by the local government consistent with
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  1  the local comprehensive plan and land development regulations,
  2  and pursuant to the local government procedures governing
  3  local development orders.
  4         (2)  A development with an application for development
  5  approval pending on the effective date of this act, or a
  6  notification of proposed change pending on the effective date
  7  of this act, may elect to continue such review pursuant to s.
  8  380.06, Florida Statutes 2001.  At the conclusion of the
  9  pending review, including any appeals pursuant to s. 380.07,
10  Florida Statutes 2001, the resulting development order shall
11  be governed by the provisions of subsection (1).
12         Section 7.  This act shall take effect upon becoming a
13  law.
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