Senate Bill sb1310c1

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    Florida Senate - 2004                           CS for SB 1310

    By the Committee on Comprehensive Planning; and Senator Jones





    316-1966-04

  1                      A bill to be entitled

  2         An act relating to developments of regional

  3         impact; amending s. 380.06, F.S.; requiring

  4         that the individual use and multiuse guidelines

  5         and standards be increased in specified areas

  6         if one land use of a multiuse development is

  7         residential and amounts to not less than a

  8         specified percentage of a jurisdiction's

  9         residential threshold; revising provisions

10         governing substantial deviation standards for

11         the date of buildout of a development;

12         providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraph (e) of subsection (2) and

17  paragraph (c) of subsection (19) of section 380.06, Florida

18  Statutes, are amended to read:

19         380.06  Developments of regional impact.--

20         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

21         (e)  With respect to residential, hotel, motel, office,

22  and retail developments, the applicable guidelines and

23  standards shall be increased by 50 percent in urban central

24  business districts and regional activity centers of

25  jurisdictions whose local comprehensive plans are in

26  compliance with part II of chapter 163. With respect to

27  multiuse developments, the applicable individual use and

28  multiuse guidelines and standards shall be increased by 100

29  percent in urban central business districts and regional

30  activity centers of jurisdictions whose local comprehensive

31  plans are in compliance with part II of chapter 163, if one

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    Florida Senate - 2004                           CS for SB 1310
    316-1966-04




 1  land use of the multiuse development is residential and

 2  amounts to not less than 35 percent of the jurisdiction's

 3  applicable residential threshold.  With respect to resort or

 4  convention hotel developments, the applicable guidelines and

 5  standards shall be increased by 150 percent in urban central

 6  business districts and regional activity centers of

 7  jurisdictions whose local comprehensive plans are in

 8  compliance with part II of chapter 163 and where the increase

 9  is specifically for a proposed resort or convention hotel

10  located in a county with a population greater than 500,000 and

11  the local government specifically designates that the proposed

12  resort or convention hotel development will serve an existing

13  convention center of more than 250,000 gross square feet built

14  prior to July 1, 1992. The applicable guidelines and standards

15  shall be increased by 150 percent for development in any area

16  designated by the Governor as a rural area of critical

17  economic concern pursuant to s. 288.0656 during the

18  effectiveness of the designation.

19         (19)  SUBSTANTIAL DEVIATIONS.--

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

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

22  presumed to create a substantial deviation subject to further

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

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

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

26  substantial deviation. The extension of the date of buildout

27  of an areawide development of regional impact by more than 5

28  years but less than 10 years is presumed not to create a

29  substantial deviation. These presumptions may be rebutted by

30  clear and convincing evidence at the public hearing held by

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

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    Florida Senate - 2004                           CS for SB 1310
    316-1966-04




 1  not a substantial deviation. For the purpose of calculating

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

 3  the time shall be tolled during the pendency of administrative

 4  or judicial proceedings relating to development permits.  Any

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

 6  shall automatically extend the commencement date of the

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

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

 9  phases thereof by a like period of time.

10         Section 2.  This act shall take effect July 1, 2004.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 1310

14                                 

15  The Committee Substitute increases the individual use and
    multiuse guidelines and standards by 100 percent for multiuse
16  developments in urban central business districts and regional
    activity centers if the jurisdiction's comprehensive plan is
17  in compliance with part II of chapter 163, F.S., and if one
    land use in the multiuse development is residential and
18  amounts to not less than 35 percent of the jurisdiction's
    applicable residential threshold.
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