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



                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 757

    Amendment No. 02f (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Russell offered the following:

12

13         Amendment (with title amendment) 

14         On page 77, lines 10-29,

15  remove:  from the bill all of said lines,

16

17  and insert:

18         Section 4.  Paragraph (d) of subsection (2), paragraph

19  (b) of subsection (4), and paragraph (a) of subsection (8) of

20  section 380.06, Florida Statutes, are amended to read:

21         380.06  Developments of regional impact.--

22         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

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

24  follows:

25         1.  Fixed thresholds.--

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

27  all numerical thresholds in the guidelines and standards shall

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

29  review.

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

31  any numerical threshold shall be required to undergo

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 757

    Amendment No. 02f (for drafter's use only)





  1  development-of-regional-impact review.

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

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

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

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

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

  7  thresholds for industrial plants, industrial parks,

  8  distribution, warehousing or wholesaling facilities, office

  9  development or multiuse projects other than residential, as

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

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

12         2.  Rebuttable presumption presumptions.--

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

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

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

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

17  100 percent or between 100 and 120 percent of a numerical

18  threshold shall be required to undergo

19  development-of-regional-impact review.

20         (4)  BINDING LETTER.--

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

22  paragraph by agreeing to undergo

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

24  section, the state land planning agency or local government

25  with jurisdiction over the land on which a development is

26  proposed may require a developer to obtain a binding letter

27  if:

28         1.  the development is at a presumptive numerical

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

30  the guidelines and standards.; or

31         2.  The development is between a presumptive numerical

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 757

    Amendment No. 02f (for drafter's use only)





  1  threshold and 20 percent below the numerical threshold and the

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

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

  4  the proposed location creates a likelihood that the

  5  development will have a substantial effect on the health,

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

  7         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--

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

  9  development agreement with the state land planning agency to

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

11  total proposed development, subject to all other governmental

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

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

14  in the total proposed development shall join the developer as

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

16  subject to the following conditions:

17         1.  The developer shall comply with the preapplication

18  conference requirements pursuant to subsection (7) within 45

19  days after the execution of the agreement.

20         2.  The developer shall file an application for

21  development approval for the total proposed development within

22  3 months after execution of the agreement, unless the state

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

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

25  diligently proceed in good faith to obtain a final development

26  order shall constitute a breach of the preliminary development

27  agreement.

28         3.  The agreement shall include maps and legal

29  descriptions of both the preliminary development area and the

30  total proposed development area and shall specifically

31  describe the preliminary development in terms of magnitude and

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 757

    Amendment No. 02f (for drafter's use only)





  1  location.  The area approved for preliminary development must

  2  be included in the application for development approval and

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

  4  development order.

  5         4.  The preliminary development shall be limited to

  6  lands that the state land planning agency agrees are suitable

  7  for development and shall only be allowed in areas where

  8  adequate public infrastructure exists to accommodate the

  9  preliminary development, when such development will utilize

10  public infrastructure.  The developer must also demonstrate

11  that the preliminary development will not result in material

12  adverse impacts to existing resources or existing or planned

13  facilities.

14         5.  The preliminary development agreement may allow

15  development which is:

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

17  applicable threshold if the developer demonstrates that such

18  development is consistent with subparagraph 4.; or

19         b.  Less than 120 percent of any applicable threshold

20  if the developer demonstrates that such development is part of

21  a proposed downtown development of regional impact specified

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

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

24  development is consistent with subparagraph 4.

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

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

27  agreement or any expenditures or actions taken in reliance on

28  the agreement to continue with the total proposed development

29  beyond the preliminary development. The agreement shall not

30  entitle the developer to a final development order approving

31  the total proposed development or to particular conditions in

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 757

    Amendment No. 02f (for drafter's use only)





  1  a final development order.

  2         7.  The agreement shall not prohibit the regional

  3  planning agency from reviewing or commenting on any regional

  4  issue that the regional agency determines should be included

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

  6  development approval.

  7         8.  The agreement shall include a disclosure by the

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

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

10  total proposed development in which they have an interest and

11  shall describe such interest.

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

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

14  the agreement was based on materially inaccurate information,

15  the state land planning agency may terminate the agreement or

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

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

18         10.  A notice of the preliminary development agreement

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

20  28.222 with the clerk of the circuit court for each county in

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

22  The notice shall include a legal description of the land

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

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

25  subsequent amendments, the location where the agreement may be

26  examined, and that the agreement constitutes a land

27  development regulation applicable to portions of the land

28  covered by the agreement.  The provisions of the agreement

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

30  and assigns of the parties in the agreement.

31         11.  Except for those agreements which authorize

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 757

    Amendment No. 02f (for drafter's use only)





  1  preliminary development for substantial deviations pursuant to

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

  3  development of regional impact may propose to abandon any

  4  preliminary development agreement executed after January 1,

  5  1985, including those pursuant to s. 380.032(3), provided at

  6  the time of abandonment:

  7         a.  A final development order under this section has

  8  been rendered that approves all of the development actually

  9  constructed; or

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

11  percent of all numerical thresholds of the guidelines and

12  standards, and the state land planning agency determines in

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

14  applicable local regulations and the terms and conditions of

15  the preliminary development agreement and otherwise adequately

16  mitigates for the impacts of the development to date.

17

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

19  agreement, the developer shall give written notice and state

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

21  regional impact and provide adequate documentation that he or

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

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

24  adequate documentation of such notice, the state land planning

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

26  developer meets the criteria for abandonment.  Once the state

27  land planning agency determines that the developer meets the

28  criteria for abandonment, the state land planning agency shall

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

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

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 757

    Amendment No. 02f (for drafter's use only)





  1  terms of the agreement is located.

  2         Section 5.  (1)  Nothing contained in this act abridges

  3  or modifies any vested or other right or any duty or

  4  obligation pursuant to any development order or agreement that

  5  is applicable to a development of regional impact on the

  6  effective date of this act.  A development that has received a

  7  development-of-regional-impact development order pursuant to

  8  s. 380.06, Florida Statutes 2001, but is no longer required to

  9  undergo development-of-regional-impact review by operation of

10  this act, shall be governed by the following procedures:

11         (a)  The development shall continue to be governed by

12  the development-of-regional-impact development order and may

13  be completed in reliance upon and pursuant to the development

14  order.  The development-of-regional-impact development order

15  may be enforced by the local government as provided by ss.

16  380.06(17) and 380.11, Florida Statutes 2001.

17         (b)  If requested by the developer or landowner, the

18  development-of-regional-impact development order may be

19  amended or rescinded by the local government consistent with

20  the local comprehensive plan and land development regulations,

21  and pursuant to the local government procedures governing

22  local development orders.

23         (2)  A development with an application for development

24  approval pending on the effective date of this act, or a

25  notification of proposed change pending on the effective date

26  of this act, may elect to continue such review pursuant to s.

27  380.06, Florida Statutes 2001.  At the conclusion of the

28  pending review, including any appeals pursuant to s. 380.07,

29  Florida Statutes 2001, the resulting development order shall

30  be governed by the provisions of subsection (1).

31

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 757

    Amendment No. 02f (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         On page 7, lines 4 through 7,

  4  remove:  all of said lines,

  5

  6  and insert:

  7         and Water Management Act; amending s. 380.06,

  8         F.S., relating to development of regional

  9         impact; removing a rebuttable presumption with

10         respect to application of the statewide

11         guidelines and standards and revising the fixed

12         thresholds; providing application with respect

13         to developments that have received a

14         development-of-regional-impact development

15         order or that have an application for

16         development approval or notification of

17         proposed change pending;

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