| 1 | Representative Brown offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove line(s) 54-74, and insert: |
| 5 | (a) Any proposed change to a previously approved |
| 6 | development which creates a reasonable likelihood of additional |
| 7 | regional impact, or any type of regional impact created by the |
| 8 | change not previously reviewed by the regional planning agency, |
| 9 | shall constitute a substantial deviation and shall cause the |
| 10 | development to be subject to further development-of-regional- |
| 11 | impact review to the extent of the change. All proposed changes |
| 12 | to a previously approved development, whether substantial or |
| 13 | not, shall be reviewed by the local government to determine |
| 14 | whether the proposed change is consistent with the current local |
| 15 | comprehensive plan and land development regulations under the |
| 16 | procedures set forth in this subsection. Proposed changes |
| 17 | determined to be inconsistent with the current comprehensive |
| 18 | plan or such land development regulations shall be denied. |
| 19 | Unchanged portions of the development of regional impact shall |
| 20 | retain the vested rights protected under s. 163.3167(8) unless |
| 21 | otherwise provided in the development order. There are a variety |
| 22 | of reasons why a developer may wish to propose changes to an |
| 23 | approved development of regional impact, including changed |
| 24 | market conditions. The procedures set forth in this subsection |
| 25 | are for that purpose. |
| 26 | (c) An extension of the date of buildout of a development, |
| 27 | or any phase thereof, by 7 or more years shall be presumed to |
| 28 | create a substantial deviation subject to further development- |
| 29 | of-regional-impact review. An extension of the date of |
| 30 | buildout, or any phase thereof, of 5 years or more but less than |
| 31 | 7 years shall be presumed not to create a substantial deviation. |
| 32 | The extension of the date of buildout of an areawide development |
| 33 | of regional impact by more than 5 years but less than 10 years |
| 34 | is presumed not to create a substantial deviation. These |
| 35 | presumptions may be rebutted by clear and convincing evidence at |
| 36 | the public hearing held by the local government. An extension |
| 37 | of less than 5 years is not a substantial deviation. For the |
| 38 | purpose of calculating when a buildout, phase, or termination |
| 39 | date has been exceeded, the time shall be tolled during the |
| 40 | pendency of administrative or judicial proceedings relating to |
| 41 | development permits. Any extension of the buildout date of a |
| 42 | project or a phase thereof shall automatically extend the |
| 43 | commencement date of the project, the termination date of the |
| 44 | development order, the expiration date of the development of |
| 45 | regional impact, and the phases thereof by a like period of |
| 46 | time. |
| 47 | (f)1. The state land planning agency shall establish by |
| 48 | rule standard forms for submittal of proposed changes to a |
| 49 | previously approved development of regional impact which may |
| 50 | require further development-of-regional-impact review. At a |
| 51 | minimum, the standard form shall require the developer to |
| 52 | provide the precise language that the developer proposes to |
| 53 | delete or add as an amendment to the development order. |
| 54 | 2. The developer shall submit, simultaneously, to the |
| 55 | local government, the regional planning agency, and the state |
| 56 | land planning agency the request for approval of a proposed |
| 57 | change. |
| 58 | 3. No sooner than 30 days but no later than 45 days after |
| 59 | submittal by the developer to the local government, the state |
| 60 | land planning agency, and the appropriate regional planning |
| 61 | agency, the local government shall give 15 days' notice and |
| 62 | schedule a public hearing to consider the change that the |
| 63 | developer asserts does not create a substantial deviation. This |
| 64 | public hearing shall be held within 90 days after submittal of |
| 65 | the proposed changes, unless that time is extended by the |
| 66 | developer. |
| 67 | 4. The appropriate regional planning agency or the state |
| 68 | land planning agency shall review the proposed change and, no |
| 69 | later than 45 days after submittal by the developer of the |
| 70 | proposed change, unless that time is extended by the developer, |
| 71 | and prior to the public hearing at which the proposed change is |
| 72 | to be considered, shall advise the local government in writing |
| 73 | whether it objects to the proposed change, shall specify the |
| 74 | reasons for its objection, if any, and shall provide a copy to |
| 75 | the developer. |
| 76 | 5. At the public hearing, the local government shall |
| 77 | determine whether the proposed change requires further |
| 78 | development-of-regional-impact review. The provisions of |
| 79 | paragraphs (a) and (e), the thresholds set forth in paragraph |
| 80 | (b), and the presumptions set forth in paragraphs (c) and (d) |
| 81 | and subparagraph (e)3. shall be applicable in determining |
| 82 | whether further development-of-regional-impact review is |
| 83 | required. |
| 84 | 6. If the local government determines that the proposed |
| 85 | change does not require further development-of-regional-impact |
| 86 | review and the proposed change is consistent with the local |
| 87 | comprehensive plan and land development regulations and is |
| 88 | otherwise approved, or if the proposed change is not subject to |
| 89 | a hearing and determination pursuant to subparagraphs 3. and 5. |
| 90 | and the proposed change is determined to be consistent with the |
| 91 | local comprehensive plan and land development regulations |
| 92 | otherwise approved, the local government shall issue an |
| 93 | amendment to the development order incorporating the approved |
| 94 | change and conditions of approval relating to the change. The |
| 95 | decision of the local government to approve, with or without |
| 96 | conditions, or to deny a the proposed change that the developer |
| 97 | asserts does not require further review shall be a quasi- |
| 98 | judicial decision reviewable by petition for certiorari to the |
| 99 | circuit court or pursuant to s. 163.3215, as appropriate subject |
| 100 | to the appeal provisions of s. 380.07. However, the state land |
| 101 | planning agency may not appeal the local government decision if |
| 102 | it did not comply with subparagraph 4. The state land planning |
| 103 | agency may not appeal a change to a development order made |
| 104 | pursuant to subparagraph (e)1. or subparagraph (e)2. for |
| 105 | developments of regional impact approved after January 1, 1980, |
| 106 | unless the change would result in a significant impact to a |
| 107 | regionally significant archaeological, historical, or natural |
| 108 | resource not previously identified in the original development- |
| 109 | of-regional-impact review. |
| 110 |
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| 111 | ============= D I R E C T O R Y A M E N D M E N T ============= |
| 112 | Remove line(s) 19 and 20, and insert: |
| 113 | Section 1. Paragraph (e) of subsection (2) and paragraphs |
| 114 | (a), (c), and (f) of subsection (19) of section 380.06, Florida |
| 115 | Statutes, are |
| 116 | ================ T I T L E A M E N D M E N T ============= |
| 117 | Remove line(s) 14 and 15, and insert: |
| 118 | governing substantial deviation standards for changes creating |
| 119 | additional regional impact, the date of buildout of a |
| 120 | development, and proposed changes to previously approved |
| 121 | developments of regional impact; providing an effective date. |