| 1 | A bill to be entitled | 
| 2 | An act relating to developments of regional impact;  | 
| 3 | amending s. 380.06, F.S.; providing that applications for  | 
| 4 | development approval filed after a certain date need only  | 
| 5 | provide information and analysis for certain specified  | 
| 6 | issues; revising requirements and criteria for development  | 
| 7 | orders; requiring certain required contributions to a  | 
| 8 | proposed development to provide a proportional benefit to  | 
| 9 | the development; prohibiting the Department of Community  | 
| 10 | Affairs from imposing or recommending any requirement or  | 
| 11 | condition not authorized by law; limiting the  | 
| 12 | administrative roles of the department and regional  | 
| 13 | planning agencies; specifying absence of certain  | 
| 14 | regulatory authority; deleting a prohibition against local  | 
| 15 | governments issuing development permits after certain  | 
| 16 | threshold dates in a development order; revising criteria  | 
| 17 | subjecting a development to further review without certain  | 
| 18 | findings of substantial deviation; revising rulemaking  | 
| 19 | requirements for the state land planning agency to  | 
| 20 | conform; revising criteria for development-of-regional- | 
| 21 | impact review by the agency; providing requirements for  | 
| 22 | modified rules by the agency; providing limitations;  | 
| 23 | revising an exemption for certain marinas and waterports  | 
| 24 | under certain circumstances; amending s. 380.0651, F.S.;  | 
| 25 | providing for a minimum threshold for development-of- | 
| 26 | regional-impact review; providing an exception; providing  | 
| 27 | an effective date. | 
| 28 | 
  | 
| 29 | Be It Enacted by the Legislature of the State of Florida: | 
| 30 | 
  | 
| 31 |      Section 1.  Subsections (1), (15), (19), and (23) and  | 
| 32 | paragraphs (g) and (k) of subsection (24) of section 380.06,  | 
| 33 | Florida Statutes, are amended to read: | 
| 34 |      380.06  Developments of regional impact.-- | 
| 35 |      (1)  DEFINITION.--The term "development of regional  | 
| 36 | impact," as used in this section, means any development that  | 
| 37 | which, because of its character, magnitude, or location, would  | 
| 38 | have a substantial effect upon the health, safety, or welfare of  | 
| 39 | residents citizens of more than one county. Each new application  | 
| 40 | for development approval filed after January 1, 2005, need only  | 
| 41 | provide information and analysis for regionally significant  | 
| 42 | multijurisdictional issues that are not reviewed by resource  | 
| 43 | agencies such as water management districts, the Fish and  | 
| 44 | Wildlife Conservation Commission, or the Department of  | 
| 45 | Environmental Protection. Information and data analysis  | 
| 46 | submitted to these resource agencies shall be supplied to local  | 
| 47 | governments for informational purposes and comments may be  | 
| 48 | directed to the applicable resource agency. Issues other than  | 
| 49 | such regionally significant multijurisdictional issues need not  | 
| 50 | be included in the regional analysis report or in the  | 
| 51 | development order. | 
| 52 |      (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-- | 
| 53 |      (a)  The appropriate local government shall render a  | 
| 54 | decision on the application within 30 days after the hearing  | 
| 55 | unless an extension is requested by the developer. | 
| 56 |      (b)  When possible, local governments shall issue  | 
| 57 | development orders concurrently with any other local permits or  | 
| 58 | development approvals that may be applicable to the proposed  | 
| 59 | development. | 
| 60 |      (c)  The development order shall include findings of fact  | 
| 61 | and conclusions of law consistent with subsections (13) and  | 
| 62 | (14). The development order: | 
| 63 |      1.  Shall specify the monitoring procedures and the local  | 
| 64 | official responsible for assuring compliance by the developer  | 
| 65 | with the development order. | 
| 66 |      2.  Shall establish compliance dates for the development  | 
| 67 | order, including a deadline for commencing physical development  | 
| 68 | and for compliance with conditions of approval or phasing  | 
| 69 | requirements, and shall include a termination date that  | 
| 70 | reasonably reflects the time required to complete the  | 
| 71 | development. | 
| 72 |      3.  Shall establish a date until which the local government  | 
| 73 | agrees that the approved development of regional impact shall  | 
| 74 | not be subject to comprehensive plan amendment, downzoning, unit  | 
| 75 | density reduction, or intensity reduction, unless the local  | 
| 76 | government can demonstrate that substantial adverse changes in  | 
| 77 | the conditions underlying the approval of the development order  | 
| 78 | have occurred or the development order was based on  | 
| 79 | substantially inaccurate information provided by the developer  | 
| 80 | or that the change is clearly established by local government to  | 
| 81 | be essential to prevent harm to the public health, safety, or  | 
| 82 | welfare. | 
| 83 |      4.  Shall specify the requirements for the biennial report  | 
| 84 | designated under subsection (18), including the date of  | 
| 85 | submission, parties to whom the report is submitted, and  | 
| 86 | contents of the report, based upon the rules adopted by the  | 
| 87 | state land planning agency. Such rules shall specify the scope  | 
| 88 | of any additional local requirements that may be necessary for  | 
| 89 | the report. | 
| 90 |      5.  May specify the types of changes to the development  | 
| 91 | which shall require submission for a substantial deviation  | 
| 92 | determination under subsection (19). | 
| 93 |      5.6.  Shall include a legal description of the property. | 
| 94 |      (d)  Conditions of a development order that require a  | 
| 95 | developer to contribute land for a public facility or construct,  | 
| 96 | expand, or pay for land acquisition or construction or expansion  | 
| 97 | of a public facility, or portion thereof, shall meet the  | 
| 98 | following criteria: | 
| 99 |      1.  The need to construct new facilities or add to the  | 
| 100 | present system of public facilities must be reasonably  | 
| 101 | attributable to the proposed development. | 
| 102 |      2.  Any contribution of funds, land, or public facilities  | 
| 103 | required from the developer shall be comparable to the amount of  | 
| 104 | funds, land, or public facilities that the state or the local  | 
| 105 | government would reasonably expect to expend or provide, based  | 
| 106 | on projected costs of comparable projects, to mitigate the  | 
| 107 | impacts reasonably attributable to the proposed development. | 
| 108 |      3.  Any funds or lands contributed must be expressly  | 
| 109 | designated and used to mitigate impacts reasonably attributable  | 
| 110 | and beneficial to the proposed development in approximate  | 
| 111 | proportion to its contribution. | 
| 112 |      4.  Construction or expansion of a public facility by a  | 
| 113 | nongovernmental developer as a condition of a development order  | 
| 114 | to mitigate the impacts reasonably attributable to the proposed  | 
| 115 | development is not subject to competitive bidding or competitive  | 
| 116 | negotiation for selection of a contractor or design professional  | 
| 117 | for any part of the construction or design unless required by  | 
| 118 | the local government that issues the development order. | 
| 119 |      (e)1.  Effective July 1, 1986, a local government shall not  | 
| 120 | include, as a development order condition for a development of  | 
| 121 | regional impact, any requirement that a developer contribute or  | 
| 122 | pay for land acquisition or construction or expansion of public  | 
| 123 | facilities or portions thereof unless the local government has  | 
| 124 | enacted and consistently enforced a local ordinance that which  | 
| 125 | requires all other development not subject to this section to  | 
| 126 | contribute its proportionate share of the funds, land, or public  | 
| 127 | facilities necessary to accommodate any impacts having a  | 
| 128 | rational nexus to the proposed development, and the need to  | 
| 129 | construct new facilities or add to the present system of public  | 
| 130 | facilities must be reasonably attributable to the proposed  | 
| 131 | development and must be provided over a reasonable time related  | 
| 132 | to the proposed development's impacts. | 
| 133 |      2.  A local government shall not approve a development of  | 
| 134 | regional impact that does not make adequate provision for the  | 
| 135 | public facilities needed to accommodate the impacts of the  | 
| 136 | proposed development unless the local government includes in the  | 
| 137 | development order a commitment by the local government to  | 
| 138 | provide these facilities consistently with the development  | 
| 139 | schedule approved in the development order; however, a local  | 
| 140 | government's failure to meet the requirements of subparagraph 1.  | 
| 141 | and this subparagraph shall not preclude the issuance of a  | 
| 142 | development order where adequate provision is made by the  | 
| 143 | developer for the public facilities needed to accommodate the  | 
| 144 | impacts of the proposed development. Any funds or lands  | 
| 145 | contributed by a developer must be expressly designated and used  | 
| 146 | to accommodate impacts reasonably attributable and beneficial to  | 
| 147 | the proposed development in approximate proportion to its  | 
| 148 | contribution. | 
| 149 |      3.  The Department of Community Affairs and other state and  | 
| 150 | regional agencies involved in the administration and  | 
| 151 | implementation of this act may not impose or recommend the  | 
| 152 | imposition of any requirement or condition, including, but not  | 
| 153 | limited to, impact fees, land dedication, contribution, or other  | 
| 154 | exaction except as specifically authorized by law. Such agencies  | 
| 155 | shall cooperate and work with units of local government in  | 
| 156 | preparing and adopting local impact fee and other contribution  | 
| 157 | ordinances to ensure consistent application to all future  | 
| 158 | development within the local government's jurisdiction. The  | 
| 159 | roles of the department and constituent regional planning  | 
| 160 | agencies involved in the administration of this chapter are  | 
| 161 | limited to providing technical and planning assistance. This  | 
| 162 | chapter grants those agencies no substantive regulatory  | 
| 163 | authority. | 
| 164 |      (f)  Notice of the adoption of a development order or the  | 
| 165 | subsequent amendments to an adopted development order shall be  | 
| 166 | recorded by the developer, in accordance with s. 28.222, with  | 
| 167 | the clerk of the circuit court for each county in which the  | 
| 168 | development is located. The notice shall include a legal  | 
| 169 | description of the property covered by the order and shall state  | 
| 170 | which unit of local government adopted the development order,  | 
| 171 | the date of adoption, the date of adoption of any amendments to  | 
| 172 | the development order, the location where the adopted order with  | 
| 173 | any amendments may be examined, and that the development order  | 
| 174 | constitutes a land development regulation applicable to the  | 
| 175 | property. The recording of this notice shall not constitute a  | 
| 176 | lien, cloud, or encumbrance on real property, or actual or  | 
| 177 | constructive notice of any such lien, cloud, or encumbrance.  | 
| 178 | This paragraph applies only to developments initially approved  | 
| 179 | under this section after July 1, 1980. | 
| 180 |      (g)  A local government shall not issue permits for  | 
| 181 | development subsequent to the termination date or expiration  | 
| 182 | date contained in the development order unless: | 
| 183 |      1.  The proposed development has been evaluated  | 
| 184 | cumulatively with existing development under the substantial  | 
| 185 | deviation provisions of subsection (19) subsequent to the  | 
| 186 | termination or expiration date; | 
| 187 |      2.  The proposed development is consistent with an  | 
| 188 | abandonment of development order that has been issued in  | 
| 189 | accordance with the provisions of subsection (26); or | 
| 190 |      3.  The project has been determined to be an essentially  | 
| 191 | built-out development of regional impact through an agreement  | 
| 192 | executed by the developer, the state land planning agency, and  | 
| 193 | the local government, in accordance with s. 380.032, which will  | 
| 194 | establish the terms and conditions under which the development  | 
| 195 | may be continued. If the project is determined to be essentially  | 
| 196 | built-out, development may proceed pursuant to the s. 380.032  | 
| 197 | agreement after the termination or expiration date contained in  | 
| 198 | the development order without further development-of-regional- | 
| 199 | impact review subject to the local government comprehensive plan  | 
| 200 | and land development regulations or subject to a modified  | 
| 201 | development-of-regional-impact analysis. As used in this  | 
| 202 | paragraph, an "essentially built-out" development of regional  | 
| 203 | impact means: | 
| 204 |      a.  The development is in compliance with all applicable  | 
| 205 | terms and conditions of the development order except the built- | 
| 206 | out date; and | 
| 207 |      b.(I)  The amount of development that remains to be built  | 
| 208 | is less than the substantial deviation threshold specified in  | 
| 209 | paragraph (19)(b) for each individual land use category, or, for  | 
| 210 | a multiuse development, the sum total of all unbuilt land uses  | 
| 211 | as a percentage of the applicable substantial deviation  | 
| 212 | threshold is equal to or less than 100 percent; or | 
| 213 |      (II)  The state land planning agency and the local  | 
| 214 | government have agreed in writing that the amount of development  | 
| 215 | to be built does not create the likelihood of any additional  | 
| 216 | regional impact not previously reviewed. | 
| 217 |      (g)(h)  If the property is annexed by another local  | 
| 218 | jurisdiction, the annexing jurisdiction shall amend its  | 
| 219 | comprehensive plan and land development regulations applicable  | 
| 220 | to the subject property and adopt a new development order that  | 
| 221 | incorporates all previous rights and obligations specified in  | 
| 222 | the prior development order. | 
| 223 |      (19)  SUBSTANTIAL DEVIATIONS.-- | 
| 224 |      (a)  Any proposed change to a previously approved  | 
| 225 | development which creates a reasonable likelihood of additional  | 
| 226 | regional impact, or any type of regional impact created by the  | 
| 227 | change not previously reviewed by the regional planning agency,  | 
| 228 | shall constitute a substantial deviation and shall cause the  | 
| 229 | development to be subject to further development-of-regional- | 
| 230 | impact review. There are a variety of reasons why a developer  | 
| 231 | may wish to propose changes to an approved development of  | 
| 232 | regional impact, including changed market conditions. The  | 
| 233 | procedures set forth in this subsection are for that purpose. | 
| 234 |      (b)  Effective January 1, 2005, any proposed change to a  | 
| 235 | previously approved development of regional impact or  | 
| 236 | development order condition which, either individually or  | 
| 237 | cumulatively with other changes, exceeds any of the following  | 
| 238 | criteria shall constitute a substantial deviation and shall  | 
| 239 | cause the development to be subject to further development-of- | 
| 240 | regional-impact review without the necessity for a finding of  | 
| 241 | same by the local government: | 
| 242 |      1.  An increase in the number of parking spaces at an  | 
| 243 | attraction or recreational facility by 10 5 percent or 300  | 
| 244 | spaces, whichever is greater, or an increase in the number of  | 
| 245 | spectators that may be accommodated at such a facility by 10 5  | 
| 246 | percent or 1,500 1,000 spectators, whichever is greater. | 
| 247 |      2.  A new runway, a new terminal facility, a 25-percent  | 
| 248 | lengthening of an existing runway, or a 25-percent increase in  | 
| 249 | the number of gates of an existing terminal, but only if the  | 
| 250 | increase adds at least three additional gates. However, if an  | 
| 251 | airport is located in two counties, a 10-percent lengthening of  | 
| 252 | an existing runway or a 20-percent increase in the number of  | 
| 253 | gates of an existing terminal is the applicable criteria. | 
| 254 |      3.  An increase in the number of hospital beds by 5 percent  | 
| 255 | or 60 beds, whichever is greater. | 
| 256 |      4.  An increase in industrial development area by 5 percent  | 
| 257 | or 32 acres, whichever is greater. | 
| 258 |      5.  An increase in the average annual acreage mined by 5  | 
| 259 | percent or 10 acres, whichever is greater, or an increase in the  | 
| 260 | average daily water consumption by a mining operation by 5  | 
| 261 | percent or 300,000 gallons, whichever is greater. An increase in  | 
| 262 | the size of the mine by 5 percent or 750 acres, whichever is  | 
| 263 | less. | 
| 264 |      6.  An increase in land area for office development by 5  | 
| 265 | percent or an increase of gross floor area of office development  | 
| 266 | by 5 percent or 60,000 gross square feet, whichever is greater. | 
| 267 |      7.  An increase in the storage capacity for chemical or  | 
| 268 | petroleum storage facilities by 5 percent, 20,000 barrels, or 7  | 
| 269 | million pounds, whichever is greater. | 
| 270 |      8.  An increase of development at a waterport of wet  | 
| 271 | storage for 20 watercraft, dry storage for 30 watercraft, or  | 
| 272 | wet/dry storage for 60 watercraft in an area identified in the  | 
| 273 | state marina siting plan as an appropriate site for additional  | 
| 274 | waterport development or a 15-percent 5-percent increase in  | 
| 275 | watercraft storage capacity, whichever is greater. | 
| 276 |      9.  An increase in the number of dwelling units by 10 5  | 
| 277 | percent or 100 50 dwelling units, whichever is greater. | 
| 278 |      10.  An increase in commercial development by 75,000 50,000  | 
| 279 | square feet of gross floor area or of parking spaces provided  | 
| 280 | for customers for 450 300 cars or a 10-percent 5-percent  | 
| 281 | increase of either of these, whichever is greater. | 
| 282 |      11.  An increase in hotel or motel facility units by 5  | 
| 283 | percent or 75 units, whichever is greater. | 
| 284 |      12.  An increase in a recreational vehicle park area by 5  | 
| 285 | percent or 100 vehicle spaces, whichever is less. | 
| 286 |      13.  A decrease in the area set aside for open space of 5  | 
| 287 | percent or 20 acres, whichever is less. | 
| 288 |      14.  A proposed increase to an approved multiuse  | 
| 289 | development of regional impact where the sum of the increases of  | 
| 290 | each land use as a percentage of the applicable substantial  | 
| 291 | deviation criteria is equal to or exceeds 150 100 percent. The  | 
| 292 | percentage of any decrease in the amount of open space shall be  | 
| 293 | treated as an increase for purposes of determining when 150 100  | 
| 294 | percent has been reached or exceeded. | 
| 295 |      15.  A 25-percent 15-percent increase in the number of  | 
| 296 | external vehicle trips generated by the development above that  | 
| 297 | which was projected during the original development-of-regional- | 
| 298 | impact review. | 
| 299 |      16.  Any change that which would result in development of  | 
| 300 | any area which was specifically set aside in the application for  | 
| 301 | development approval or in the development order for  | 
| 302 | preservation or special protection of endangered or threatened  | 
| 303 | plants or animals designated as endangered, threatened, or  | 
| 304 | species of special concern and their habitat, primary dunes, or  | 
| 305 | archaeological and historical sites designated as significant by  | 
| 306 | the Division of Historical Resources of the Department of State.  | 
| 307 | The further refinement of such areas by survey shall be  | 
| 308 | considered under sub-subparagraph (e)5.b. | 
| 309 | 
  | 
| 310 | The substantial deviation numerical standards in subparagraphs  | 
| 311 | 4., 6., 10., 14., excluding residential uses, and 15., are  | 
| 312 | increased by 100 percent for a project certified under s.  | 
| 313 | 403.973 which creates jobs and meets criteria established by the  | 
| 314 | Office of Tourism, Trade, and Economic Development as to its  | 
| 315 | impact on an area's economy, employment, and prevailing wage and  | 
| 316 | skill levels. The substantial deviation numerical standards in  | 
| 317 | subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50  | 
| 318 | percent for a project located wholly within an urban infill and  | 
| 319 | redevelopment area designated on the applicable adopted local  | 
| 320 | comprehensive plan future land use map and not located within  | 
| 321 | the coastal high hazard area. | 
| 322 |      (c)  An extension of the date of buildout of a development,  | 
| 323 | or any phase thereof, by 7 or more years shall be presumed to  | 
| 324 | create a substantial deviation subject to further development- | 
| 325 | of-regional-impact review. An extension of the date of buildout,  | 
| 326 | or any phase thereof, of 5 years or more but less than 7 years  | 
| 327 | shall be presumed not to create a substantial deviation. These  | 
| 328 | presumptions may be rebutted by clear and convincing evidence at  | 
| 329 | the public hearing held by the local government. An extension of  | 
| 330 | less than 7 5 years is not a substantial deviation. For the  | 
| 331 | purpose of calculating when a buildout, phase, or termination  | 
| 332 | date has been exceeded, the time shall be tolled during the  | 
| 333 | pendency of administrative or judicial proceedings relating to  | 
| 334 | development permits. Any extension of the buildout date of a  | 
| 335 | project or a phase thereof shall automatically extend the  | 
| 336 | commencement date of the project, the termination date of the  | 
| 337 | development order, the expiration date of the development of  | 
| 338 | regional impact, and the phases thereof by a like period of  | 
| 339 | time. | 
| 340 |      (d)  A change in the plan of development of an approved  | 
| 341 | development of regional impact resulting from requirements  | 
| 342 | imposed by the Department of Environmental Protection or any  | 
| 343 | water management district created by s. 373.069 or any of their  | 
| 344 | successor agencies or by any appropriate federal regulatory  | 
| 345 | agency shall be submitted to the local government pursuant to  | 
| 346 | this subsection. The change does shall be presumed not to create  | 
| 347 | a substantial deviation subject to further development-of- | 
| 348 | regional-impact review. The presumption may be rebutted by clear  | 
| 349 | and convincing evidence at the public hearing held by the local  | 
| 350 | government. | 
| 351 |      (e)1.  Except for a development order rendered pursuant to  | 
| 352 | subsection (22) or subsection (25), a proposed change to a  | 
| 353 | development order that individually or cumulatively with any  | 
| 354 | previous change is less than any numerical criterion contained  | 
| 355 | in subparagraphs (b)1.-15. and does not exceed any other  | 
| 356 | criterion, or that involves an extension of the buildout date of  | 
| 357 | a development, or any phase thereof, of less than 7 5 years is  | 
| 358 | not subject to the public hearing requirements of subparagraph  | 
| 359 | (f)3., and is not subject to a determination pursuant to  | 
| 360 | subparagraph (f)5. Notice of the proposed change shall be made  | 
| 361 | to the regional planning council and the state land planning  | 
| 362 | agency. Such notice shall include a description of previous  | 
| 363 | individual changes made to the development, including changes  | 
| 364 | previously approved by the local government, and shall include  | 
| 365 | appropriate amendments to the development order. | 
| 366 |      2.  The following changes, individually or cumulatively  | 
| 367 | with any previous changes, are not substantial deviations: | 
| 368 |      a.  Changes in the name of the project, developer, owner,  | 
| 369 | or monitoring official. | 
| 370 |      b.  Changes to a setback that do not affect noise buffers,  | 
| 371 | environmental protection or mitigation areas, or archaeological  | 
| 372 | or historical resources. | 
| 373 |      c.  Changes to minimum lot sizes. | 
| 374 |      d.  Changes in the configuration of internal roads that do  | 
| 375 | not affect external access points. | 
| 376 |      e.  Changes to the building design or orientation that stay  | 
| 377 | approximately within the approved area designated for such  | 
| 378 | building and parking lot, and which do not affect historical  | 
| 379 | buildings designated as significant by the Division of  | 
| 380 | Historical Resources of the Department of State. | 
| 381 |      f.  Changes to increase the acreage in the development,  | 
| 382 | provided that no development is proposed on the acreage to be  | 
| 383 | added. | 
| 384 |      g.  Changes to eliminate an approved land use, provided  | 
| 385 | that there are no additional regional impacts. | 
| 386 |      h.  Changes required to conform to permits approved by any  | 
| 387 | federal, state, or regional permitting agency, provided that  | 
| 388 | these changes do not create additional regional impacts. | 
| 389 |      i.  Any renovation or redevelopment of development within a  | 
| 390 | previously approved development of regional impact which does  | 
| 391 | not change land use or increase density or intensity of use. | 
| 392 |      j.  Any other change which the state land planning agency  | 
| 393 | agrees in writing is similar in nature, impact, or character to  | 
| 394 | the changes enumerated in sub-subparagraphs a.-i. and which does  | 
| 395 | not create the likelihood of any additional regional impact. | 
| 396 | 
  | 
| 397 | This subsection does not require a development order amendment  | 
| 398 | for any change listed in sub-subparagraphs a.-j. unless such  | 
| 399 | issue is addressed either in the existing development order or  | 
| 400 | in the application for development approval, but, in the case of  | 
| 401 | the application, only if, and in the manner in which, the  | 
| 402 | application is incorporated in the development order. | 
| 403 |      3.  Except for the change authorized by sub-subparagraph  | 
| 404 | 2.f., any addition of contiguous land not previously reviewed or  | 
| 405 | any change not specified in paragraph (b) or paragraph (c) may  | 
| 406 | not shall be presumed to create a substantial deviation unless  | 
| 407 | additional development approval is requested. This presumption  | 
| 408 | may be rebutted by clear and convincing evidence. | 
| 409 |      4.  Any submittal of a proposed change to a previously  | 
| 410 | approved development shall include a description of individual  | 
| 411 | changes previously made to the development, including changes  | 
| 412 | previously approved by the local government. The local  | 
| 413 | government shall consider the previous and current proposed  | 
| 414 | changes in deciding whether such changes cumulatively constitute  | 
| 415 | a substantial deviation requiring further development-of- | 
| 416 | regional-impact review. | 
| 417 |      5.  The following changes to an approved development of  | 
| 418 | regional impact shall be presumed to create a substantial  | 
| 419 | deviation. Such presumption may be rebutted by clear and  | 
| 420 | convincing evidence. | 
| 421 |      a.  A change proposed for 25 15 percent or more of the  | 
| 422 | acreage to a land use not previously approved in the development  | 
| 423 | order. Changes of less than 25 15 percent do shall be presumed  | 
| 424 | not to create a substantial deviation. | 
| 425 |      b.  Except for the types of uses listed in subparagraph  | 
| 426 | (b)16., any change that which would result in the development of  | 
| 427 | any area that which was specifically set aside in the  | 
| 428 | application for development approval or in the development order  | 
| 429 | for preservation, buffers, or special protection, including  | 
| 430 | habitat for plant and animal species, archaeological and  | 
| 431 | historical sites, dunes, and other special areas. | 
| 432 |      c.  Notwithstanding any provision of paragraph (b) to the  | 
| 433 | contrary, a proposed change consisting of simultaneous increases  | 
| 434 | and decreases of at least two of the uses within an authorized  | 
| 435 | multiuse development of regional impact which was originally  | 
| 436 | approved with three or more uses specified in s. 380.0651(3)(c),  | 
| 437 | (d), (f), and (g) and residential use. | 
| 438 |      (f)1.  The state land planning agency shall establish by  | 
| 439 | rule standard forms for submittal of proposed changes to a  | 
| 440 | previously approved development of regional impact which may  | 
| 441 | require further development-of-regional-impact review. At a  | 
| 442 | minimum, the standard form shall require the developer to  | 
| 443 | provide the precise language that the developer proposes to  | 
| 444 | delete or add as an amendment to the development order. | 
| 445 |      2.  The developer shall submit, simultaneously, to the  | 
| 446 | local government, the regional planning agency, and the state  | 
| 447 | land planning agency the request for approval of a proposed  | 
| 448 | change. | 
| 449 |      3.  No sooner than 30 days but no later than 30 45 days  | 
| 450 | after submittal by the developer to the local government, the  | 
| 451 | state land planning agency, and the appropriate regional  | 
| 452 | planning agency, the local government shall give 15 days' notice  | 
| 453 | and schedule a public hearing to consider the change that the  | 
| 454 | developer asserts does not create a substantial deviation. This  | 
| 455 | public hearing shall be held within 75 90 days after submittal  | 
| 456 | of the proposed changes, unless that time is extended by the  | 
| 457 | developer. | 
| 458 |      4.  The appropriate regional planning agency or the state  | 
| 459 | land planning agency shall review the proposed change and, no  | 
| 460 | later than 30 45 days after submittal by the developer of the  | 
| 461 | proposed change, unless that time is extended by the developer,  | 
| 462 | and prior to the public hearing at which the proposed change is  | 
| 463 | to be considered, shall advise the local government in writing  | 
| 464 | whether it objects to the proposed change, shall specify the  | 
| 465 | reasons for its objection, if any, and shall provide a copy to  | 
| 466 | the developer. | 
| 467 |      5.  Within 15 days after submittal by the developer of the  | 
| 468 | proposed change At the public hearing, the local government  | 
| 469 | staff shall notify the developer of their recommendation  | 
| 470 | determine whether the proposed change requires further  | 
| 471 | development-of-regional-impact review. The provisions of  | 
| 472 | paragraphs (a) and (e), the thresholds set forth in paragraph  | 
| 473 | (b), and the presumptions set forth in paragraphs (c) and (d)  | 
| 474 | and subparagraph (e)3. shall be applicable in determining  | 
| 475 | whether further development-of-regional-impact review is  | 
| 476 | required. | 
| 477 |      6.  If the local government determines at the public  | 
| 478 | hearing that the proposed change does not require further  | 
| 479 | development-of-regional-impact review and is otherwise approved,  | 
| 480 | or if the proposed change is not subject to a hearing and  | 
| 481 | determination pursuant to subparagraphs 3. and 5. and is  | 
| 482 | otherwise approved, the local government shall issue an  | 
| 483 | amendment to the development order incorporating the approved  | 
| 484 | change and conditions of approval relating to the change. Such  | 
| 485 | approval is entitled to complete vesting and does not divest any  | 
| 486 | of the approvals provided for the original development of  | 
| 487 | regional impact. The decision of the local government to  | 
| 488 | approve, with or without conditions, or to deny the proposed  | 
| 489 | change that the developer asserts does not require further  | 
| 490 | review shall be subject to the appeal provisions of s. 380.07.  | 
| 491 | However, the state land planning agency may not appeal the local  | 
| 492 | government decision if it did not comply with subparagraph 4.  | 
| 493 | The state land planning agency may not appeal a change to a  | 
| 494 | development order made pursuant to subparagraph (e)1. or  | 
| 495 | subparagraph (e)2. for developments of regional impact approved  | 
| 496 | after January 1, 1980, unless the change would result in a  | 
| 497 | significant impact to a regionally significant archaeological,  | 
| 498 | historical, or natural resource not previously identified in the  | 
| 499 | original development-of-regional-impact review. | 
| 500 |      (g)  If a proposed change requires further development-of- | 
| 501 | regional-impact review pursuant to this section, the review  | 
| 502 | shall be conducted subject to the following additional  | 
| 503 | conditions: | 
| 504 |      1.  The development-of-regional-impact review conducted by  | 
| 505 | the appropriate regional planning agency shall address only  | 
| 506 | those issues raised by the proposed change except as provided in  | 
| 507 | subparagraph 2. | 
| 508 |      2.  The regional planning agency shall consider, and the  | 
| 509 | local government shall determine whether to approve, approve  | 
| 510 | with conditions, or deny the proposed change as it relates to  | 
| 511 | the entire development. If the local government determines that  | 
| 512 | the proposed change, as it relates to the entire development, is  | 
| 513 | unacceptable, the local government shall deny the change. | 
| 514 |      3.  If the local government determines that the proposed  | 
| 515 | change, as it relates to the entire development, should be  | 
| 516 | approved, any new conditions in the amendment to the development  | 
| 517 | order issued by the local government shall address only those  | 
| 518 | issues raised by the proposed change. | 
| 519 |      4.  Development within the previously approved development  | 
| 520 | of regional impact may continue, as approved, during the  | 
| 521 | development-of-regional-impact review in those portions of the  | 
| 522 | development which are not affected by the proposed change. | 
| 523 |      (h)  When further development-of-regional-impact review is  | 
| 524 | required because a substantial deviation has been determined or  | 
| 525 | admitted by the developer, the amendment to the development  | 
| 526 | order issued by the local government shall be consistent with  | 
| 527 | the requirements of subsection (15) and shall be subject to the  | 
| 528 | hearing and appeal provisions of s. 380.07. The state land  | 
| 529 | planning agency or the appropriate regional planning agency need  | 
| 530 | not participate at the local hearing in order to appeal a local  | 
| 531 | government development order issued pursuant to this paragraph. | 
| 532 |      (23)  ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.-- | 
| 533 |      (a)  The state land planning agency shall adopt rules to  | 
| 534 | ensure uniform review of developments of regional impact by the  | 
| 535 | state land planning agency and regional planning agencies under  | 
| 536 | this section. These rules shall be adopted pursuant to chapter  | 
| 537 | 120 and shall include all forms, application content, and review  | 
| 538 | guidelines necessary to implement development-of-regional-impact  | 
| 539 | reviews. The state land planning agency, in consultation with  | 
| 540 | the regional planning agencies, may also designate types of  | 
| 541 | development or areas suitable for development in which reduced  | 
| 542 | information requirements for development-of-regional-impact  | 
| 543 | review shall apply. Effective January 1, 2005, the rules must  | 
| 544 | reflect that the development-of-regional-impact review is  | 
| 545 | limited to the regionally significant multijurisdictional issues  | 
| 546 | that are not reviewed by resource agencies such as water  | 
| 547 | management districts, the Fish and Wildlife Conservation  | 
| 548 | Commission, and the Department of Environmental Protection. | 
| 549 |      (b)  Regional planning agencies shall be subject to rules  | 
| 550 | adopted by the state land planning agency. At the request of a  | 
| 551 | regional planning council, the state land planning agency may  | 
| 552 | adopt by rule different standards for a specific comprehensive  | 
| 553 | planning district upon a finding that the statewide standard is  | 
| 554 | inadequate to protect or promote the regional interest at issue.  | 
| 555 | If such a regional standard is adopted by the state land  | 
| 556 | planning agency, the regional standard shall be applied to all  | 
| 557 | pertinent development-of-regional-impact reviews conducted in  | 
| 558 | that region until rescinded. | 
| 559 |      (c)  By January 1, 2005 Within 6 months of the effective  | 
| 560 | date of this section, the state land planning agency shall adopt  | 
| 561 | modified rules that which: | 
| 562 |      1.  Establish uniform statewide standards for development- | 
| 563 | of-regional-impact review. | 
| 564 |      2.  Establish a short application for development approval  | 
| 565 | form which eliminates issues and questions for any project in a  | 
| 566 | jurisdiction with an adopted local comprehensive plan that is in  | 
| 567 | compliance. | 
| 568 |      3.  Limit the questions in the application for development  | 
| 569 | approval pursuant to subsection (1) and paragraph (a). | 
| 570 |      (d)  Regional planning agencies that perform development- | 
| 571 | of-regional-impact and Florida Quality Development review are  | 
| 572 | authorized to assess and collect fees to fund the costs, direct  | 
| 573 | and indirect, of conducting the review process. The state land  | 
| 574 | planning agency shall adopt rules to provide uniform criteria  | 
| 575 | for the assessment and collection of such fees. The rules  | 
| 576 | providing uniform criteria shall not be subject to rule  | 
| 577 | challenge under s. 120.56(2) or to drawout proceedings under s.  | 
| 578 | 120.54(3)(c)2., but, once adopted, shall be subject to an  | 
| 579 | invalidity challenge under s. 120.56(3) by substantially  | 
| 580 | affected persons. Until the state land planning agency adopts a  | 
| 581 | rule implementing this paragraph, rules of the regional planning  | 
| 582 | councils currently in effect regarding fees shall remain in  | 
| 583 | effect. Fees may vary in relation to the type and size of a  | 
| 584 | proposed project, but shall not exceed $75,000, unless the state  | 
| 585 | land planning agency, after reviewing any disputed expenses  | 
| 586 | charged by the regional planning agency, determines that said  | 
| 587 | expenses were reasonable and necessary for an adequate regional  | 
| 588 | review of the impacts of a project. | 
| 589 |      (24)  STATUTORY EXEMPTIONS.-- | 
| 590 |      (g)  Any expansion in the permanent seating capacity or  | 
| 591 | additional improved parking facilities of an existing sports  | 
| 592 | facility is exempt from the provisions of this section, if the  | 
| 593 | following conditions exist: | 
| 594 |      1.a.  The sports facility had a permanent seating capacity  | 
| 595 | on January 1, 1991, of at least 41,000 spectator seats; | 
| 596 |      b.  The sum of such expansions in permanent seating  | 
| 597 | capacity does not exceed a total of 10 percent in any 5-year  | 
| 598 | period and does not exceed a cumulative total of 20 percent for  | 
| 599 | any such expansions; or | 
| 600 |      c.  The increase in additional improved parking facilities  | 
| 601 | is a one-time addition and does not exceed 3,500 parking spaces  | 
| 602 | serving the sports facility; and | 
| 603 |      2.  The local government having jurisdiction of the sports  | 
| 604 | facility includes in the development order or development permit  | 
| 605 | approving such expansion under this paragraph a finding of fact  | 
| 606 | that the proposed expansion is consistent with the  | 
| 607 | transportation, water, sewer and stormwater drainage provisions  | 
| 608 | of the approved local comprehensive plan and local land  | 
| 609 | development regulations relating to those provisions. | 
| 610 | 
  | 
| 611 | Any owner or developer who intends to rely on this statutory  | 
| 612 | exemption shall provide to the department a copy of the local  | 
| 613 | government application for a development permit. Within 45 days  | 
| 614 | after of receipt of the application, the department shall render  | 
| 615 | to the local government an advisory and nonbinding opinion, in  | 
| 616 | writing, stating whether, in the department's opinion, the  | 
| 617 | prescribed conditions exist for an exemption under this  | 
| 618 | paragraph. The local government shall render the development  | 
| 619 | order approving each such expansion to the department. The  | 
| 620 | owner, developer, or department may appeal the local government  | 
| 621 | development order pursuant to s. 380.07, within 45 days after  | 
| 622 | the order is rendered. The scope of review shall be limited to  | 
| 623 | the determination of whether the conditions prescribed in this  | 
| 624 | paragraph exist. If any sports facility expansion undergoes  | 
| 625 | development of regional impact review, all previous expansions  | 
| 626 | which were exempt under this paragraph shall be included in the  | 
| 627 | development of regional impact review. | 
| 628 |      (k)1.  A marina or waterport which is not subject to a  | 
| 629 | development order under subsection (15) that is expanded or  | 
| 630 | constructed after January 1, 2005, and that has fewer than 300  | 
| 631 | new vehicular parking spaces is exempt from this section unless  | 
| 632 | the marina or waterport is located in one of the counties  | 
| 633 | enumerated in s. 370.12 and a manatee protection plan or boating  | 
| 634 | facility siting plan has not been adopted by the board of county  | 
| 635 | commissioners. Any waterport or marina development is exempt  | 
| 636 | from the provisions of this section if the relevant county or  | 
| 637 | municipality has adopted a boating facility siting plan or  | 
| 638 | policy which includes applicable criteria, considering such  | 
| 639 | factors as natural resources, manatee protection needs and  | 
| 640 | recreation and economic demands as generally outlined in the  | 
| 641 | Bureau of Protected Species Management Boat Facility Siting  | 
| 642 | Guide, dated August 2000, into the coastal management or land  | 
| 643 | use element of its comprehensive plan. The adoption of boating  | 
| 644 | facility siting plans or policies into the comprehensive plan is  | 
| 645 | exempt from the provisions of s. 163.3187(1). Any waterport or  | 
| 646 | marina development within the municipalities or counties with  | 
| 647 | boating facility siting plans or policies that meet the above  | 
| 648 | criteria, adopted prior to April 1, 2002, are exempt from the  | 
| 649 | provisions of this section, when their boating facility siting  | 
| 650 | plan or policy is adopted as part of the relevant local  | 
| 651 | government's comprehensive plan. | 
| 652 |      2.  Within 6 months of the effective date of this law, the  | 
| 653 | Department of Community Affairs, in conjunction with the  | 
| 654 | Department of Environmental Protection and the Florida Fish and  | 
| 655 | Wildlife Conservation Commission, shall provide technical  | 
| 656 | assistance and guidelines, including model plans, policies and  | 
| 657 | criteria to local governments for the development of their  | 
| 658 | siting plans. | 
| 659 |      Section 2.  Paragraph (j) of subsection (3) of section  | 
| 660 | 380.0651, Florida Statutes, is amended to read: | 
| 661 |      380.0651  Statewide guidelines and standards.-- | 
| 662 |      (3)  The following statewide guidelines and standards shall  | 
| 663 | be applied in the manner described in s. 380.06(2) to determine  | 
| 664 | whether the following developments shall be required to undergo  | 
| 665 | development-of-regional-impact review: | 
| 666 |      (j)  Residential development.--No rule may be adopted  | 
| 667 | concerning residential developments which treats a residential  | 
| 668 | development in one county as being located in a less populated  | 
| 669 | adjacent county unless more than 25 percent of the development  | 
| 670 | is located within 2 or less miles of the less populated adjacent  | 
| 671 | county. Effective January 1, 2005, the minimum threshold for  | 
| 672 | development-of-regional-impact review is 1,000 residential  | 
| 673 | dwelling units; however, this minimum threshold is not subject  | 
| 674 | to the 150 percent multiplier provided to rural areas of  | 
| 675 | economic concern pursuant to s. 380.06(2)(e). | 
| 676 |      Section 3.  This act shall take effect January 1, 2005. |