HB 0539

1
A bill to be entitled
2An act relating to developments of regional impact;
3amending s. 380.06, F.S.; requiring that certain
4individual use and multiuse guidelines and standards be
5increased by a specified percentage in certain areas if
6the land use of a multiuse development is residential and
7is not less than a specified percentage of the
8jurisdiction's residential threshold; revising provisions
9governing substantial deviation standards for the date of
10buildout of a development; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (e) of subsection (2) and paragraph
15(c) of subsection (19) of section 380.06, Florida Statutes, are
16amended to read:
17     380.06  Developments of regional impact.--
18     (2)  STATEWIDE GUIDELINES AND STANDARDS.--
19     (e)  With respect to residential, hotel, motel, office, and
20retail developments, the applicable guidelines and standards
21shall be increased by 50 percent in urban central business
22districts and regional activity centers of jurisdictions whose
23local comprehensive plans are in compliance with part II of
24chapter 163. With respect to multiuse developments, the
25applicable individual use guidelines and standards for
26residential, hotel, motel, office, and retail developments and
27multiuse guidelines and standards shall be increased by 100
28percent in urban central business districts and regional
29activity centers of jurisdictions whose local comprehensive
30plans are in compliance with part II of chapter 163, if one land
31use of the multiuse development is residential and amounts to
32not less than 35 percent of the jurisdiction's applicable
33residential threshold. With respect to resort or convention
34hotel developments, the applicable guidelines and standards
35shall be increased by 150 percent in urban central business
36districts and regional activity centers of jurisdictions whose
37local comprehensive plans are in compliance with part II of
38chapter 163 and where the increase is specifically for a
39proposed resort or convention hotel located in a county with a
40population greater than 500,000 and the local government
41specifically designates that the proposed resort or convention
42hotel development will serve an existing convention center of
43more than 250,000 gross square feet built prior to July 1, 1992.
44The applicable guidelines and standards shall be increased by
45150 percent for development in any area designated by the
46Governor as a rural area of critical economic concern pursuant
47to s. 288.0656 during the effectiveness of the designation.
48     (19)  SUBSTANTIAL DEVIATIONS.--
49     (c)  An extension of the date of buildout of a development,
50or any phase thereof, by 7 or more years shall be presumed to
51create a substantial deviation subject to further development-
52of-regional-impact review.  An extension of the date of
53buildout, or any phase thereof, of 5 years or more but less than
547 years shall be presumed not to create a substantial deviation.
55The extension of the date of buildout of an areawide development
56of regional impact by more than 5 years but less than 10 years
57is presumed not to create a substantial deviation. These
58presumptions may be rebutted by clear and convincing evidence at
59the public hearing held by the local government.  An extension
60of less than 5 years is not a substantial deviation. For the
61purpose of calculating when a buildout, phase, or termination
62date has been exceeded, the time shall be tolled during the
63pendency of administrative or judicial proceedings relating to
64development permits.  Any extension of the buildout date of a
65project or a phase thereof shall automatically extend the
66commencement date of the project, the termination date of the
67development order, the expiration date of the development of
68regional impact, and the phases thereof by a like period of
69time.
70     Section 2.  This act shall take effect July 1, 2004.


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