| 1 | A bill to be entitled | 
| 2 | An act relating to developments of regional impact; | 
| 3 | amending s. 380.06, F.S.; conforming a cross-reference; | 
| 4 | requiring the state land planning agency to initiate | 
| 5 | rulemaking by a specific date to revise the development- | 
| 6 | of-regional-impact review process; requiring a local | 
| 7 | government to issue development orders concurrently with | 
| 8 | comprehensive plan amendments; specifying certain | 
| 9 | requirements for a development order; prohibiting a local | 
| 10 | government from issuing permits for development subsequent | 
| 11 | to the buildout date; revising the circumstances in which | 
| 12 | a local government may issue subsequent permits for | 
| 13 | development; revising the definition of an essentially | 
| 14 | built-out development; prohibiting the suspension of a | 
| 15 | development order for failure to submit a biennial report | 
| 16 | under certain circumstances; revising the criteria under | 
| 17 | which a proposed change is presumed to create a | 
| 18 | substantial deviation; requiring that notice of certain | 
| 19 | changes be given to the state land planning agency, | 
| 20 | regional planning agency, and local government; requiring | 
| 21 | that a memorandum of notice of certain changes be filed | 
| 22 | with the clerk of court; revising the period of time for | 
| 23 | notice and a public hearing after a change to a | 
| 24 | development order has been submitted; revising the | 
| 25 | requirement for further development-of-regional-impact | 
| 26 | review of a proposed change; revising the statutory | 
| 27 | exemptions for the development of certain facilities; | 
| 28 | providing statutory exemptions for the development of | 
| 29 | certain facilities; providing that the impacts from a use | 
| 30 | that will be part of a larger project be included in the | 
| 31 | development-of-regional-impact review of the larger | 
| 32 | project; amending s. 380.0651, F.S.; removing the | 
| 33 | application of statewide guidelines and standards for | 
| 34 | development-of-regional-impact review to the construction | 
| 35 | of certain attractions and recreation facilities; revising | 
| 36 | the statewide guidelines and standards for development-of- | 
| 37 | regional-impact review of the construction of certain | 
| 38 | marinas; removing the application of statewide guidelines | 
| 39 | and standards for development-of-regional-impact review to | 
| 40 | the construction of certain schools; prohibiting the state | 
| 41 | land planning agency from considering an impact of an | 
| 42 | independent development of regional impact cumulatively | 
| 43 | under certain circumstances; amending s. 380.07, F.S.; | 
| 44 | providing a mechanism for challenging the consistency of a | 
| 45 | development order with a local government comprehensive | 
| 46 | plan; providing that the Department of Community Affairs | 
| 47 | has standing to initiate an action to determine the | 
| 48 | consistency of a development order with a local government | 
| 49 | comprehensive plan; amending s. 380.115, F.S.; providing | 
| 50 | that a change in a development-of-regional-impact | 
| 51 | guideline and standard does not abridge or modify any | 
| 52 | vested right or duty under a development order; amending | 
| 53 | ss. 163.3180 and 331.303, F.S.; conforming cross- | 
| 54 | references; providing an effective date. | 
| 55 | 
 | 
| 56 | Be It Enacted by the Legislature of the State of Florida: | 
| 57 | 
 | 
| 58 | Section 1.  Paragraph (d) of subsection (2), paragraph (b) | 
| 59 | of subsection (7), and subsections (15), (18), (19), and (24) of | 
| 60 | section 380.06, Florida Statutes, are amended to read: | 
| 61 | 380.06  Developments of regional impact.-- | 
| 62 | (2)  STATEWIDE GUIDELINES AND STANDARDS.-- | 
| 63 | (d)  The guidelines and standards shall be applied as | 
| 64 | follows: | 
| 65 | 1.  Fixed thresholds.-- | 
| 66 | a.  A development that is below 100 percent of all | 
| 67 | numerical thresholds in the guidelines and standards shall not | 
| 68 | be required to undergo development-of-regional-impact review. | 
| 69 | b.  A development that is at or above 120 percent of any | 
| 70 | numerical threshold shall be required to undergo development-of- | 
| 71 | regional-impact review. | 
| 72 | c.  Projects certified under s. 403.973 which create at | 
| 73 | least 100 jobs and meet the criteria of the Office of Tourism, | 
| 74 | Trade, and Economic Development as to their impact on an area's | 
| 75 | economy, employment, and prevailing wage and skill levels that | 
| 76 | are at or below 100 percent of the numerical thresholds for | 
| 77 | industrial plants, industrial parks, distribution, warehousing | 
| 78 | or wholesaling facilities, office development or multiuse | 
| 79 | projects other than residential, as described in s. | 
| 80 | 380.0651(3)(b), (c), and (h) 380.0651(3)(c), (d), and (i), are | 
| 81 | not required to undergo development-of-regional-impact review. | 
| 82 | 2.  Rebuttable presumption.--It shall be presumed that a | 
| 83 | development that is at 100 percent or between 100 and 120 | 
| 84 | percent of a numerical threshold shall be required to undergo | 
| 85 | development-of-regional-impact review. | 
| 86 | (7)  PREAPPLICATION PROCEDURES.-- | 
| 87 | (b)  The state land regionalplanning agency shall | 
| 88 | establish by rule a procedure by which a developer may enter | 
| 89 | into binding written agreements with the regional planning | 
| 90 | agency to eliminate questions from the application for | 
| 91 | development approval when those questions are found to be | 
| 92 | unnecessary for development-of-regional-impact review. By August | 
| 93 | 1, 2006, the department shall initiate rulemaking to revise the | 
| 94 | development-of-regional-impact review process. The department | 
| 95 | shall eliminate as many duplicative or unnecessary requirements | 
| 96 | and questions as possible; provide for the acceptability and use | 
| 97 | of data and information provided by the applicant for federal, | 
| 98 | state, or local government permits and authorizations required | 
| 99 | for the proposed development; and revise and streamline the | 
| 100 | application process for development approval in order to provide | 
| 101 | for a more efficient review of an application. It is the | 
| 102 | legislative intent of this subsection to encourage reduction of | 
| 103 | paperwork, to discourage unnecessary gathering of data, and to | 
| 104 | encourage the coordination of the development-of-regional-impact | 
| 105 | review process with federal, state, and local environmental | 
| 106 | reviews when such reviews are required by law. | 
| 107 | (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-- | 
| 108 | (a)  The appropriate local government shall render a | 
| 109 | decision on the application within 30 days after the hearing | 
| 110 | unless an extension is requested by the developer. | 
| 111 | (b)  Unless otherwise requested by the applicant When | 
| 112 | possible, the local governmentgovernmentsshall issue | 
| 113 | development orders concurrently with comprehensive plan | 
| 114 | amendments and, when practicable, with any other local permits | 
| 115 | or development approvals that may be applicable to the proposed | 
| 116 | development. | 
| 117 | (c)  The development order shall include findings of fact | 
| 118 | and conclusions of law consistent with subsections (13) and | 
| 119 | (14). The development order: | 
| 120 | 1.  Shall specify the monitoring procedures and the local | 
| 121 | official responsible for assuring compliance by the developer | 
| 122 | with the development order. | 
| 123 | 2.  Shall establish compliance dates for the development | 
| 124 | order, including a deadline for commencing physical development | 
| 125 | and for compliance with conditions of approval or phasing | 
| 126 | requirements, and shall include a buildout terminationdate that | 
| 127 | reasonably reflects the time anticipated requiredto complete | 
| 128 | the development. | 
| 129 | 3.  Shall establish a date until which the local government | 
| 130 | agrees that the approved development of regional impact shall | 
| 131 | not be subject to downzoning, unit density reduction, or | 
| 132 | intensity reduction, unless the local government can demonstrate | 
| 133 | that substantial changes in the conditions underlying the | 
| 134 | approval of the development order have occurred or the | 
| 135 | development order was based on substantially inaccurate | 
| 136 | information provided by the developer or that the change is | 
| 137 | clearly established by local government to be essential to the | 
| 138 | public health, safety, or welfare. The date established pursuant | 
| 139 | to this subparagraph shall be no sooner than the buildout date | 
| 140 | of the project. | 
| 141 | 4.  Shall specify the requirements for the biennial report | 
| 142 | designated under subsection (18), including the date of | 
| 143 | submission, parties to whom the report is submitted, and | 
| 144 | contents of the report, based upon the rules adopted by the | 
| 145 | state land planning agency.  Such rules shall specify the scope | 
| 146 | of any additional local requirements that may be necessary for | 
| 147 | the report. | 
| 148 | 5.  Shall Mayspecify the types of changes, if any, to the | 
| 149 | development which shall require submission for a substantial | 
| 150 | deviation determination or a notice of proposed change under | 
| 151 | subsection (19). | 
| 152 | 6.  Shall include a legal description of the property. | 
| 153 | (d)  Conditions of a development order that require a | 
| 154 | developer to contribute land for a public facility or construct, | 
| 155 | expand, or pay for land acquisition or construction or expansion | 
| 156 | of a public facility, or portion thereof, shall meet the | 
| 157 | following criteria: | 
| 158 | 1.  The need to construct new facilities or add to the | 
| 159 | present system of public facilities must be reasonably | 
| 160 | attributable to the proposed development. | 
| 161 | 2.  Any contribution of funds, land, or public facilities | 
| 162 | required from the developer shall be comparable to the amount of | 
| 163 | funds, land, or public facilities that the state or the local | 
| 164 | government would reasonably expect to expend or provide, based | 
| 165 | on projected costs of comparable projects, to mitigate the | 
| 166 | impacts reasonably attributable to the proposed development. | 
| 167 | 3.  Any funds or lands contributed must be expressly | 
| 168 | designated and used to mitigate impacts reasonably attributable | 
| 169 | to the proposed development. | 
| 170 | 4.  Construction or expansion of a public facility by a | 
| 171 | nongovernmental developer as a condition of a development order | 
| 172 | to mitigate the impacts reasonably attributable to the proposed | 
| 173 | development is not subject to competitive bidding or competitive | 
| 174 | negotiation for selection of a contractor or design professional | 
| 175 | for any part of the construction or design unless required by | 
| 176 | the local government that issues the development order. | 
| 177 | (e)1. Effective July 1, 1986,A local government shall not | 
| 178 | include, as a development order condition for a development of | 
| 179 | regional impact, any requirement that a developer contribute or | 
| 180 | pay for land acquisition or construction or expansion of public | 
| 181 | facilities or portions thereof unless the local government has | 
| 182 | enacted a local ordinance which requires other development not | 
| 183 | subject to this section to contribute its proportionate share of | 
| 184 | the funds, land, or public facilities necessary to accommodate | 
| 185 | any impacts having a rational nexus to the proposed development, | 
| 186 | and the need to construct new facilities or add to the present | 
| 187 | system of public facilities must be reasonably attributable to | 
| 188 | the proposed development. | 
| 189 | 2.  A local government shall not approve a development of | 
| 190 | regional impact that does not make adequate provision for the | 
| 191 | public facilities needed to accommodate the impacts of the | 
| 192 | proposed development unless the local government includes in the | 
| 193 | development order a commitment by the local government to | 
| 194 | provide these facilities consistently with the development | 
| 195 | schedule approved in the development order; however, a local | 
| 196 | government's failure to meet the requirements of subparagraph 1. | 
| 197 | and this subparagraph shall not preclude the issuance of a | 
| 198 | development order where adequate provision is made by the | 
| 199 | developer for the public facilities needed to accommodate the | 
| 200 | impacts of the proposed development. Any funds or lands | 
| 201 | contributed by a developer must be expressly designated and used | 
| 202 | to accommodate impacts reasonably attributable to the proposed | 
| 203 | development. | 
| 204 | 3.  The Department of Community Affairs and other state and | 
| 205 | regional agencies involved in the administration and | 
| 206 | implementation of this act shall cooperate and work with units | 
| 207 | of local government in preparing and adopting local impact fee | 
| 208 | and other contribution ordinances. | 
| 209 | (f)  Notice of the adoption of a development order or the | 
| 210 | subsequent amendments to an adopted development order shall be | 
| 211 | recorded by the developer, in accordance with s. 28.222, with | 
| 212 | the clerk of the circuit court for each county in which the | 
| 213 | development is located.  The notice shall include a legal | 
| 214 | description of the property covered by the order and shall state | 
| 215 | which unit of local government adopted the development order, | 
| 216 | the date of adoption, the date of adoption of any amendments to | 
| 217 | the development order, the location where the adopted order with | 
| 218 | any amendments may be examined, and that the development order | 
| 219 | constitutes a land development regulation applicable to the | 
| 220 | property. The recording of this notice shall not constitute a | 
| 221 | lien, cloud, or encumbrance on real property, or actual or | 
| 222 | constructive notice of any such lien, cloud, or encumbrance. | 
| 223 | This paragraph applies only to developments initially approved | 
| 224 | under this section after July 1, 1980. | 
| 225 | (g)  A local government may shall notissue permits for | 
| 226 | development subsequent to the buildout termination date or | 
| 227 | expirationdate contained in the development order ifunless: | 
| 228 | 1.  The proposed development has been evaluated | 
| 229 | cumulatively with existing development under the substantial | 
| 230 | deviation provisions of subsection (19) subsequent to the | 
| 231 | termination or expiration date; | 
| 232 | 1. 2.The proposed development is consistent with an | 
| 233 | abandonment of development order that has been issued in | 
| 234 | accordance with the provisions of subsection (26); or | 
| 235 | 2.  The proposed development has satisfied the mitigation | 
| 236 | requirements in the development order and meets the requirements | 
| 237 | of sub-sub-subparagraph 3.b.(I); or | 
| 238 | 3.  The project has been determined to be an essentially | 
| 239 | built-out development of regional impact through an agreement | 
| 240 | executed by the developer, the state land planning agency, and | 
| 241 | the local government, in accordance with s. 380.032, which will | 
| 242 | establish the terms and conditions under which the development | 
| 243 | may be continued. If the project is determined to be essentially | 
| 244 | built-out, development may proceed pursuant to the s. 380.032 | 
| 245 | agreement after the termination or expiration date contained in | 
| 246 | the development order without further development-of-regional- | 
| 247 | impact review subject to the local government comprehensive plan | 
| 248 | and land development regulations or subject to a modified | 
| 249 | development-of-regional-impact analysis. As used in this | 
| 250 | paragraph, an "essentially built-out" development of regional | 
| 251 | impact means: | 
| 252 | a.  The development is in compliance with all applicable | 
| 253 | terms and conditions of the development order except the built- | 
| 254 | out date; and | 
| 255 | b.(I)  The amount of development that remains to be built | 
| 256 | is less than 20 percent of the development approved by the | 
| 257 | original development order but not more than the applicable | 
| 258 | development-of-regional-impact threshold. Development may also | 
| 259 | be considered essentially built-out if all the infrastructure | 
| 260 | and horizontal development for the project has been completed | 
| 261 | and more than 80 percent of the parcels have been conveyed to | 
| 262 | third-party buyers, including builders and individual lot owners | 
| 263 | the substantial deviation threshold specified in paragraph | 
| 264 | (19)(b) for each individual land use category, or, for a | 
| 265 | multiuse development, the sum total of all unbuilt land uses as | 
| 266 | a percentage of the applicable substantial deviation threshold | 
| 267 | is equal to or less than 100 percent; or | 
| 268 | (II)  The state land planning agency and the local | 
| 269 | government have agreed in writing that the amount of development | 
| 270 | to be built does not create the likelihood of any additional | 
| 271 | regional impact not previously reviewed. | 
| 272 | (h)  If the property is annexed by another local | 
| 273 | jurisdiction, the annexing jurisdiction shall adopt a new | 
| 274 | development order that incorporates all previous rights and | 
| 275 | obligations specified in the prior development order. | 
| 276 | (18)  BIENNIAL REPORTS.--The developer shall submit a | 
| 277 | biennial report on the development of regional impact to the | 
| 278 | local government, the regional planning agency, the state land | 
| 279 | planning agency, and all affected permit agencies in alternate | 
| 280 | years on the date specified in the development order, unless the | 
| 281 | development order by its terms requires more frequent | 
| 282 | monitoring. If the report is not received, the regional planning | 
| 283 | agency or the state land planning agency shall notify the local | 
| 284 | government. If the local government does not receive the report | 
| 285 | or receives notification that the regional planning agency or | 
| 286 | the state land planning agency has not received the report, the | 
| 287 | local government shall request in writing that the developer | 
| 288 | submit the report within 30 days. The failure to submit the | 
| 289 | report after 30 days shall result in the temporary suspension of | 
| 290 | the development order applicable to the property remaining to be | 
| 291 | developed by the party failing to submit the report. If other | 
| 292 | developers within a development of regional impact are in | 
| 293 | compliance with their reporting requirements, the development | 
| 294 | order as it relates to their property may not be suspended by | 
| 295 | the local government. If no additional development pursuant to | 
| 296 | the development order has occurred since the submission of the | 
| 297 | previous report, then a letter from the developer stating that | 
| 298 | no development has occurred shall satisfy the requirement for a | 
| 299 | report. Development orders that require annual reports shall may | 
| 300 | be amended to require biennial reports the next time they are | 
| 301 | amended at the option of the local government. | 
| 302 | (19)  SUBSTANTIAL DEVIATIONS.-- | 
| 303 | (a)  Any proposed change to a previously approved | 
| 304 | development which creates an a reasonable likelihood of | 
| 305 | additional regional impact, or any type of regional impact | 
| 306 | created by the change not previously reviewed by the regional | 
| 307 | planning agency, shall constitute a substantial deviation and | 
| 308 | shall cause the proposed change developmentto be subject to | 
| 309 | further development-of-regional-impact review. There are a | 
| 310 | variety of reasons why a developer may wish to propose changes | 
| 311 | to an approved development of regional impact, including changed | 
| 312 | market conditions. The procedures set forth in this subsection | 
| 313 | are for that purpose. | 
| 314 | (b)  Any proposed change to a previously approved | 
| 315 | development of regional impact or development order condition | 
| 316 | which, either individually or cumulatively with other changes, | 
| 317 | exceeds any of the following criteria shall be presumed to | 
| 318 | create constitutea substantial deviationand shall cause the | 
| 319 | development to be subject to further development-of-regional- | 
| 320 | impact review without the necessity for a finding of same by the | 
| 321 | local government: | 
| 322 | 1.  An increase in the number of parking spaces at an | 
| 323 | attraction or recreational facility by 10 5percent or 500300 | 
| 324 | spaces, whichever is greater, or an increase in the number of | 
| 325 | spectators that may be accommodated at such a facility by 10 5 | 
| 326 | percent or 1,000 spectators, whichever is greater. | 
| 327 | 2.  A new runway, a new terminal facility, a 25-percent | 
| 328 | lengthening of an existing runway, or a 25-percent increase in | 
| 329 | the number of gates of an existing terminal, but only if the | 
| 330 | increase adds at least three additional gates. | 
| 331 | 3.  An increase in the number of hospital beds by 5 percent | 
| 332 | or 60 beds, whichever is greater. | 
| 333 | 3. 4.An increase in industrial development area by 105 | 
| 334 | percent or 64 32acres, whichever is greater. | 
| 335 | 4. 5.An increase in the average annual acreage mined by 10 | 
| 336 | 5percent or 2010acres, whichever is greater, or an increase | 
| 337 | in the average daily water consumption by a mining operation by | 
| 338 | 10 5percent or 600,000300,000gallons, whichever is greater. | 
| 339 | An increase in the size of the mine by 10 5percent or 1,000750 | 
| 340 | acres, whichever is less. An increase in the size of a heavy | 
| 341 | mineral mine as defined in s. 378.403(7) will only constitute a | 
| 342 | substantial deviation if the average annual acreage mined is | 
| 343 | more than 500 acres and consumes more than 3 million gallons of | 
| 344 | water per day. | 
| 345 | 5. 6.An increase in land area for office development by 10 | 
| 346 | 5percent or an increase of gross floor area of office | 
| 347 | development by 10 5percent or 100,00060,000gross square feet, | 
| 348 | whichever is greater. | 
| 349 | 6.  An increase of development at a marina of 10 percent of | 
| 350 | wet storage or for 30 watercraft slips, whichever is greater, or | 
| 351 | 20 percent of wet storage or 60 watercraft slips in an area | 
| 352 | identified by a local government in a boat facility siting plan | 
| 353 | as an appropriate site for additional marina development, | 
| 354 | whichever is greater. | 
| 355 | 7.  An increase in the storage capacity for chemical or | 
| 356 | petroleum storage facilities by 5 percent, 20,000 barrels, or 7 | 
| 357 | million pounds, whichever is greater. | 
| 358 | 8.  An increase of development at a waterport of wet | 
| 359 | storage for 20 watercraft, dry storage for 30 watercraft, or | 
| 360 | wet/dry storage for 60 watercraft in an area identified in the | 
| 361 | state marina siting plan as an appropriate site for additional | 
| 362 | waterport development or a 5-percent increase in watercraft | 
| 363 | storage capacity, whichever is greater. | 
| 364 | 7. 9.An increase in the number of dwelling units by 105 | 
| 365 | percent or 100 50dwelling units, whichever is greater. | 
| 366 | 8. 10.An increase in commercial development by 100,000 | 
| 367 | 50,000square feet of gross floor area or of parking spaces | 
| 368 | provided for customers for 600 300cars or a 10-percent5- | 
| 369 | percentincrease of either of these, whichever is greater. | 
| 370 | 9. 11.An increase in hotel or motel roomsfacility units | 
| 371 | by 10 5percent or 100 rooms75 units, whichever is greater. | 
| 372 | 10. 12.An increase in a recreational vehicle park area by | 
| 373 | 10 5percent or 100 vehicle spaces, whichever is less. | 
| 374 | 11. 13.A decrease in the area set aside for open space of | 
| 375 | 5 percent or 20 acres, whichever is less. | 
| 376 | 12. 14.A proposed increase to an approved multiuse | 
| 377 | development of regional impact where the sum of the increases of | 
| 378 | each land use as a percentage of the applicable substantial | 
| 379 | deviation criteria is equal to or exceeds 120 100percent. The | 
| 380 | percentage of any decrease in the amount of open space shall be | 
| 381 | treated as an increase for purposes of determining when 120 100 | 
| 382 | percent has been reached or exceeded. | 
| 383 | 13. 15.A 20-percent15-percentincrease in the number of | 
| 384 | external vehicle trips generated by the development above that | 
| 385 | which was projected during the original development-of-regional- | 
| 386 | impact review. If the transportation mitigation identified in | 
| 387 | the adopted development order is based upon proportionate-share | 
| 388 | payments, an increase in the proportionate-share payment | 
| 389 | commensurate with the increase in external vehicle trips | 
| 390 | generated by the development is adequate to satisfy the | 
| 391 | obligation of the developer to rebut the presumption. | 
| 392 | 14. 16.Any change thatwhichwould result in development | 
| 393 | of any area which was specifically set aside in the application | 
| 394 | for development approval or in the development order for | 
| 395 | preservation or special protection of endangered or threatened | 
| 396 | plants or animals designated as endangered, threatened, or | 
| 397 | species of special concern and their habitat, primary dunes, or | 
| 398 | archaeological and historical sites designated as significant by | 
| 399 | the Division of Historical Resources of the Department of State. | 
| 400 | The further science-based refinement of such areas by survey, by | 
| 401 | habitat evaluation, by other recognized assessment methodology, | 
| 402 | or by an environmental assessment is not a substantial deviation | 
| 403 | shall be considered under sub-subparagraph (e)5.b. | 
| 404 | 
 | 
| 405 | The substantial deviation numerical standards in subparagraphs | 
| 406 | 3., 5., 8., 9., 12., and 13. 4., 6., 10., 14., excluding | 
| 407 | residential uses, and 15.,are increased by 100 percent for a | 
| 408 | project certified under s. 403.973 which creates jobs and meets | 
| 409 | criteria established by the Office of Tourism, Trade, and | 
| 410 | Economic Development as to its impact on an area's economy, | 
| 411 | employment, and prevailing wage and skill levels. The | 
| 412 | substantial deviation numerical standards in subparagraphs 3., | 
| 413 | 5., 7., 8., 9., 12., and 13. 4., 6., 9., 10., 11., and 14.are | 
| 414 | increased by 50 percent for a project located wholly within an | 
| 415 | urban infill and redevelopment area designated on the applicable | 
| 416 | adopted local comprehensive plan future land use map and not | 
| 417 | located within the coastal high hazard area. | 
| 418 | (c)  An extension of the date of buildout of a development, | 
| 419 | or any phase thereof, by more than 10 7 or moreyears shall be | 
| 420 | presumed to create a substantial deviation subject to further | 
| 421 | development-of-regional-impact review. An extension of the date | 
| 422 | of buildout, or any phase thereof, of 5 years or more but less | 
| 423 | than 7 years shall be presumed not to create a substantial | 
| 424 | deviation. The extension of the date of buildout of an areawide | 
| 425 | development of regional impact by more than 5 years but less | 
| 426 | than 10 years is presumed not to create a substantial deviation. | 
| 427 | This presumption These presumptionsmay be rebutted by clear and | 
| 428 | convincing evidence at the public hearing held by the local | 
| 429 | government. An extension of 7 years or less than 5 yearsis not | 
| 430 | a substantial deviation. For the purpose of calculating when a | 
| 431 | buildout or ,phase, or terminationdate has been exceeded, the | 
| 432 | time shall be tolled during the pendency of administrative or | 
| 433 | judicial proceedings relating to development permits. Any | 
| 434 | extension of the buildout date of a project or a phase thereof | 
| 435 | shall automatically extend the commencement date of the project, | 
| 436 | the buildout date the termination date of the development order, | 
| 437 | the expiration date of the development of regional impact, and | 
| 438 | the phases thereof by a like period of time. | 
| 439 | (d)  A change in the plan of development of an approved | 
| 440 | development of regional impact resulting from requirements | 
| 441 | imposed by the Department of Environmental Protection or any | 
| 442 | water management district created by s. 373.069 or any of their | 
| 443 | successor agencies or by any appropriate federal regulatory | 
| 444 | agency shall be submitted to the local government pursuant to | 
| 445 | this subsection. These changes do The change shall be presumed | 
| 446 | not tocreate a substantial deviation subject to further | 
| 447 | development-of-regional-impact review. In addition, if a change | 
| 448 | to a permit involving property within the development of | 
| 449 | regional impact is approved by the agencies with jurisdiction, | 
| 450 | the change does not create a substantial deviation. The | 
| 451 | presumption may be rebutted by clear and convincing evidence at | 
| 452 | the public hearing held by the local government. | 
| 453 | (e)1.  Except for a development order rendered pursuant to | 
| 454 | subsection (22) or subsection (25), a proposed change to a | 
| 455 | development order that individually or cumulatively with any | 
| 456 | previous change is less than any numerical criterion contained | 
| 457 | in subparagraphs (b)1.-14. (b)1.-15.and does not exceed any | 
| 458 | other criterion, or that involves an extension of the buildout | 
| 459 | date of a development, or any phase thereof, of less than 7 5 | 
| 460 | years is not subject to the public hearing requirements of | 
| 461 | subparagraph (f)3., and is not subject to a determination | 
| 462 | pursuant to subparagraph (f)5. Notice of the proposed change | 
| 463 | shall be made to the regional planning council and the state | 
| 464 | land planning agency. Such notice shall include a description of | 
| 465 | previous individual changes made to the development, including | 
| 466 | changes previously approved by the local government, and shall | 
| 467 | include appropriate amendments to the development order. | 
| 468 | 2.  The following changes, individually or cumulatively | 
| 469 | with any previous changes, are not substantial deviations: | 
| 470 | a.  Changes in the name of the project, developer, owner, | 
| 471 | or monitoring official. | 
| 472 | b.  Changes to a setback that do not affect noise buffers, | 
| 473 | environmental protection or mitigation areas, or archaeological | 
| 474 | or historical resources. | 
| 475 | c.  Changes to minimum lot sizes. | 
| 476 | d.  Changes in the configuration of internal roads that do | 
| 477 | not affect external access points. | 
| 478 | e.  Changes to the building design or orientation that stay | 
| 479 | approximately within the approved area designated for such | 
| 480 | building and parking lot, and which do not affect historical | 
| 481 | buildings designated as significant by the Division of | 
| 482 | Historical Resources of the Department of State. | 
| 483 | f.  Changes to increase the acreage in the development, | 
| 484 | provided that no development is proposed on the acreage to be | 
| 485 | added. | 
| 486 | g.  Changes to eliminate an approved land use, provided | 
| 487 | that there are no additional regional impacts. | 
| 488 | h.  Changes required to conform to permits approved by any | 
| 489 | federal, state, or regional permitting agency , provided that | 
| 490 | these changes do not create additional regional impacts. | 
| 491 | i.  Any renovation or redevelopment of development within a | 
| 492 | previously approved development of regional impact which does | 
| 493 | not change land use or increase density or intensity of use. | 
| 494 | j.  Changes to internal utility locations. | 
| 495 | k.  Changes to the internal location of public facilities. | 
| 496 | l. j.Any other change which the state land planning agency | 
| 497 | agrees in writing is similar in nature, impact, or character to | 
| 498 | the changes enumerated in sub-subparagraphs a.-k. a.-i.and | 
| 499 | which does not create the likelihood of any additional regional | 
| 500 | impact. | 
| 501 | 
 | 
| 502 | This subsection does not require a development order amendment | 
| 503 | for any change listed in sub-subparagraphs a.-l. but shall | 
| 504 | require notice to the state land planning agency, the regional | 
| 505 | planning agency, and the local government. In addition, a | 
| 506 | memorandum of that notice shall be filed with the clerk of the | 
| 507 | circuit court along with a legal description of the affected | 
| 508 | development of regional impact. If a subsequent change requiring | 
| 509 | a substantial deviation determination is made to the development | 
| 510 | of regional impact, modifications to the development of regional | 
| 511 | impact made in all prior notices must be reflected as amendments | 
| 512 | to the development memorandum. a.-j. unless such issue is | 
| 513 | addressed either in the existing development order or in the | 
| 514 | application for development approval, but, in the case of the | 
| 515 | application, only if, and in the manner in which, the | 
| 516 | application is incorporated in the development order. | 
| 517 | 3.  Except for the change authorized by sub-subparagraph | 
| 518 | 2.f., any addition of land not previously reviewed or any change | 
| 519 | not specified in paragraph (b) or paragraph (c) shall be | 
| 520 | presumed to create a substantial deviation. This presumption may | 
| 521 | be rebutted by clear and convincing evidence. | 
| 522 | 4.  Any submittal of a proposed change to a previously | 
| 523 | approved development shall include a description of individual | 
| 524 | changes previously made to the development, including changes | 
| 525 | previously approved by the local government. The local | 
| 526 | government shall consider the previous and current proposed | 
| 527 | changes in deciding whether such changes cumulatively constitute | 
| 528 | a substantial deviation requiring further development-of- | 
| 529 | regional-impact review. | 
| 530 | 5.  The following changes to an approved development of | 
| 531 | regional impact shall be presumed to create a substantial | 
| 532 | deviation. Such presumption may be rebutted by clear and | 
| 533 | convincing evidence. | 
| 534 | a.  A change proposed for 15 percent or more of the acreage | 
| 535 | to a land use not previously approved in the development order. | 
| 536 | Changes of less than 15 percent shall be presumed not to create | 
| 537 | a substantial deviation. | 
| 538 | b.  Except for the types of uses listed in subparagraph | 
| 539 | (b)14. (b)16., any change which would result in the development | 
| 540 | of any area which was specifically set aside in the application | 
| 541 | for development approval or in the development order for | 
| 542 | preservation, buffers, or special protection, including habitat | 
| 543 | for plant and animal species, archaeological and historical | 
| 544 | sites, dunes, and other special areas. | 
| 545 | c.  Notwithstanding any provision of paragraph (b) to the | 
| 546 | contrary, a proposed change consisting of simultaneous increases | 
| 547 | and decreases of at least two of the uses within an authorized | 
| 548 | multiuse development of regional impact which was originally | 
| 549 | approved with three or more uses specified in s. 380.0651(3)(c), | 
| 550 | (d), (f), and (g) and residential use. | 
| 551 | (f)1.  The state land planning agency shall establish by | 
| 552 | rule standard forms for submittal of proposed changes to a | 
| 553 | previously approved development of regional impact which may | 
| 554 | require further development-of-regional-impact review. At a | 
| 555 | minimum, the standard form shall require the developer to | 
| 556 | provide the precise language that the developer proposes to | 
| 557 | delete or add as an amendment to the development order. | 
| 558 | 2.  The developer shall submit, simultaneously, to the | 
| 559 | local government, the regional planning agency, and the state | 
| 560 | land planning agency the request for approval of a proposed | 
| 561 | change. | 
| 562 | 3.  No sooner than 15 30days but no later than 3045days | 
| 563 | after submittal by the developer to the local government, the | 
| 564 | state land planning agency, and the appropriate regional | 
| 565 | planning agency, the local government shall give 15 days' notice | 
| 566 | and schedule a public hearing to consider the change that the | 
| 567 | developer asserts does not create a substantial deviation. This | 
| 568 | public hearing shall be held within 60 90days after submittal | 
| 569 | of the proposed changes, unless that time is extended by the | 
| 570 | developer. | 
| 571 | 4.  The appropriate regional planning agency or the state | 
| 572 | land planning agency shall review the proposed change and, no | 
| 573 | later than 30 45days after submittal by the developer of the | 
| 574 | proposed change, unless that time is extended by the developer, | 
| 575 | and prior to the public hearing at which the proposed change is | 
| 576 | to be considered, shall advise the local government in writing | 
| 577 | whether it objects to the proposed change, shall specify the | 
| 578 | reasons for its objection, if any, and shall provide a copy to | 
| 579 | the developer. | 
| 580 | 5.  At the public hearing, the local government shall | 
| 581 | determine whether the proposed change requires further | 
| 582 | development-of-regional-impact review. The provisions of | 
| 583 | paragraphs (a) and (e), the thresholds set forth in paragraph | 
| 584 | (b), and the presumptions set forth in paragraphs (c) and (d) | 
| 585 | and subparagraph (e)3. shall be applicable in determining | 
| 586 | whether further development-of-regional-impact review is | 
| 587 | required. | 
| 588 | 6.  If the local government determines that the proposed | 
| 589 | change does not require further development-of-regional-impact | 
| 590 | review and is otherwise approved, or if the proposed change is | 
| 591 | not subject to a hearing and determination pursuant to | 
| 592 | subparagraphs 3. and 5. and is otherwise approved, the local | 
| 593 | government shall issue an amendment to the development order | 
| 594 | incorporating the approved change and conditions of approval | 
| 595 | relating to the change. The decision of the local government to | 
| 596 | approve, with or without conditions, or to deny the proposed | 
| 597 | change that the developer asserts does not require further | 
| 598 | review shall be subject to the appeal provisions of s. 380.07. | 
| 599 | However, the state land planning agency may not appeal the local | 
| 600 | government decision if it did not comply with subparagraph 4. | 
| 601 | The state land planning agency may not appeal a change to a | 
| 602 | development order made pursuant to subparagraph (e)1. or | 
| 603 | subparagraph (e)2. for developments of regional impact approved | 
| 604 | after January 1, 1980, unless the change would result in a | 
| 605 | significant impact to a regionally significant archaeological, | 
| 606 | historical, or natural resource not previously identified in the | 
| 607 | original development-of-regional-impact review. | 
| 608 | (g)  If a proposed change requires further development-of- | 
| 609 | regional-impact review pursuant to this section, the review | 
| 610 | shall be conducted subject to the following additional | 
| 611 | conditions: | 
| 612 | 1.  The development-of-regional-impact review conducted by | 
| 613 | the appropriate regional planning agency shall address only | 
| 614 | those issues raised by the proposed change except as provided in | 
| 615 | subparagraph 2. | 
| 616 | 2.  The regional planning agency shall consider, and the | 
| 617 | local government shall determine whether to approve, approve | 
| 618 | with conditions, or deny the proposed change as it relates to | 
| 619 | the entire development. If the local government determines that | 
| 620 | the proposed change, as it relates to the entire development, is | 
| 621 | unacceptable, the local government shall deny the change. | 
| 622 | 3.  If the local government determines that the proposed | 
| 623 | change , as it relates to the entire development,should be | 
| 624 | approved, any new conditions in the amendment to the development | 
| 625 | order issued by the local government shall address only those | 
| 626 | issues raised by the proposed change and require mitigation only | 
| 627 | for the impacts of the proposed charge. | 
| 628 | 4.  Development within the previously approved development | 
| 629 | of regional impact may continue, as approved, during the | 
| 630 | development-of-regional-impact review in those portions of the | 
| 631 | development which are not directly affected by the proposed | 
| 632 | change. | 
| 633 | (h)  When further development-of-regional-impact review is | 
| 634 | required because a substantial deviation has been determined or | 
| 635 | admitted by the developer, the amendment to the development | 
| 636 | order issued by the local government shall be consistent with | 
| 637 | the requirements of subsection (15) and shall be subject to the | 
| 638 | hearing and appeal provisions of s. 380.07. The state land | 
| 639 | planning agency or the appropriate regional planning agency need | 
| 640 | not participate at the local hearing in order to appeal a local | 
| 641 | government development order issued pursuant to this paragraph. | 
| 642 | (24)  STATUTORY EXEMPTIONS.-- | 
| 643 | (a)  Any proposed hospital which has a designed capacity of | 
| 644 | not more than 100 bedsis exempt from the provisions of this | 
| 645 | section. | 
| 646 | (b)  Any proposed electrical transmission line or | 
| 647 | electrical power plant is exempt from the provisions of this | 
| 648 | section , except any steam or solar electrical generating | 
| 649 | facility of less than 50 megawatts in capacity attached to a | 
| 650 | development of regional impact. | 
| 651 | (c)  Any proposed addition to an existing sports facility | 
| 652 | complex is exempt from the provisions of this section if the | 
| 653 | addition meets the following characteristics: | 
| 654 | 1.  It would not operate concurrently with the scheduled | 
| 655 | hours of operation of the existing facility. | 
| 656 | 2.  Its seating capacity would be no more than 75 percent | 
| 657 | of the capacity of the existing facility. | 
| 658 | 3.  The sports facility complex property is owned by a | 
| 659 | public body prior to July 1, 1983. | 
| 660 | 
 | 
| 661 | This exemption does not apply to any pari-mutuel facility. | 
| 662 | (d)  Any proposed addition or cumulative additions | 
| 663 | subsequent to July 1, 1988, to an existing sports facility | 
| 664 | complex owned by a state university is exempt if the increased | 
| 665 | seating capacity of the complex is no more than 30 percent of | 
| 666 | the capacity of the existing facility. | 
| 667 | (e)  Any addition of permanent seats or parking spaces for | 
| 668 | an existing sports facility located on property owned by a | 
| 669 | public body prior to July 1, 1973, is exempt from the provisions | 
| 670 | of this section if future additions do not expand existing | 
| 671 | permanent seating or parking capacity more than 15 percent | 
| 672 | annually in excess of the prior year's capacity. | 
| 673 | (f)  Any increase in the seating capacity of an existing | 
| 674 | sports facility having a permanent seating capacity of at least | 
| 675 | 50,000 spectators is exempt from the provisions of this section, | 
| 676 | provided that such an increase does not increase permanent | 
| 677 | seating capacity by more than 5 percent per year and not to | 
| 678 | exceed a total of 10 percent in any 5-year period, and provided | 
| 679 | that the sports facility notifies the appropriate local | 
| 680 | government within which the facility is located of the increase | 
| 681 | at least 6 months prior to the initial use of the increased | 
| 682 | seating, in order to permit the appropriate local government to | 
| 683 | develop a traffic management plan for the traffic generated by | 
| 684 | the increase. Any traffic management plan shall be consistent | 
| 685 | with the local comprehensive plan, the regional policy plan, and | 
| 686 | the state comprehensive plan. | 
| 687 | (g)  Any expansion in the permanent seating capacity or | 
| 688 | additional improved parking facilities of an existing sports | 
| 689 | facility is exempt from the provisions of this section, if the | 
| 690 | following conditions exist: | 
| 691 | 1.a.  The sports facility had a permanent seating capacity | 
| 692 | on January 1, 1991, of at least 41,000 spectator seats; | 
| 693 | b.  The sum of such expansions in permanent seating | 
| 694 | capacity does not exceed a total of 10 percent in any 5-year | 
| 695 | period and does not exceed a cumulative total of 20 percent for | 
| 696 | any such expansions; or | 
| 697 | c.  The increase in additional improved parking facilities | 
| 698 | is a one-time addition and does not exceed 3,500 parking spaces | 
| 699 | serving the sports facility; and | 
| 700 | 2.  The local government having jurisdiction of the sports | 
| 701 | facility includes in the development order or development permit | 
| 702 | approving such expansion under this paragraph a finding of fact | 
| 703 | that the proposed expansion is consistent with the | 
| 704 | transportation, water, sewer and stormwater drainage provisions | 
| 705 | of the approved local comprehensive plan and local land | 
| 706 | development regulations relating to those provisions. | 
| 707 | 
 | 
| 708 | Any owner or developer who intends to rely on this statutory | 
| 709 | exemption shall provide to the department a copy of the local | 
| 710 | government application for a development permit.  Within 45 days | 
| 711 | of receipt of the application, the department shall render to | 
| 712 | the local government an advisory and nonbinding opinion, in | 
| 713 | writing, stating whether, in the department's opinion, the | 
| 714 | prescribed conditions exist for an exemption under this | 
| 715 | paragraph.  The local government shall render the development | 
| 716 | order approving each such expansion to the department.  The | 
| 717 | owner, developer, or department may appeal the local government | 
| 718 | development order pursuant to s. 380.07, within 45 days after | 
| 719 | the order is rendered.  The scope of review shall be limited to | 
| 720 | the determination of whether the conditions prescribed in this | 
| 721 | paragraph exist.  If any sports facility expansion undergoes | 
| 722 | development of regional impact review, all previous expansions | 
| 723 | which were exempt under this paragraph shall be included in the | 
| 724 | development of regional impact review. | 
| 725 | (h)  Expansion to port harbors, spoil disposal sites, | 
| 726 | navigation channels, turning basins, harbor berths, and other | 
| 727 | related inwater harbor facilities of ports listed in s. | 
| 728 | 403.021(9)(b), port transportation facilities and projects | 
| 729 | listed in s. 311.07(3)(b), and intermodal transportation | 
| 730 | facilities identified pursuant to s. 311.09(3) are exempt from | 
| 731 | the provisions of this section when such expansions, projects, | 
| 732 | or facilities are consistent with comprehensive master plans | 
| 733 | that are in compliance with the provisions of s. 163.3178. | 
| 734 | (i)  Any proposed facility for the storage of any petroleum | 
| 735 | product or any expansion of an existing facility is exempt from | 
| 736 | the provisions of this section , if the facility is consistent | 
| 737 | with a local comprehensive plan that is in compliance with s. | 
| 738 | 163.3177 or is consistent with a comprehensive port master plan | 
| 739 | that is in compliance with s. 163.3178. | 
| 740 | (j)  Any renovation or redevelopment within the same land | 
| 741 | parcel which does not change land use or increase density or | 
| 742 | intensity of use. | 
| 743 | (k) 1.Anywaterport ormarina development is exempt from | 
| 744 | the provisions of this section if the relevant county or | 
| 745 | municipality has adopted a boating facility siting plan or | 
| 746 | policy, which includes applicable criteria, considering such | 
| 747 | factors as natural resources, manatee protection needs, and | 
| 748 | recreation and economic demands as generally outlined in the | 
| 749 | Bureau of Protected Species Management Boat Facility Siting | 
| 750 | Guide, dated August 2000, into the coastal management or land | 
| 751 | use element of its comprehensive plan. The adoption of boating | 
| 752 | facility siting plans or policies into the comprehensive plan is | 
| 753 | exempt from the provisions of s. 163.3187(1). Any waterport or | 
| 754 | marina development within the municipalities or counties with | 
| 755 | boating facility siting plans or policies that meet the above | 
| 756 | criteria, adopted prior to April 1, 2006 2002, are exempt from | 
| 757 | the provisions of this section, when their boating facility | 
| 758 | siting plan or policy is adopted as part of the relevant local | 
| 759 | government's comprehensive plan. | 
| 760 | 2.  Within 6 months of the effective date of this law, the | 
| 761 | Department of Community Affairs, in conjunction with the | 
| 762 | Department of Environmental Protection and the Florida Fish and | 
| 763 | Wildlife Conservation Commission, shall provide technical | 
| 764 | assistance and guidelines, including model plans, policies and | 
| 765 | criteria to local governments for the development of their | 
| 766 | siting plans. | 
| 767 | (l)  Any proposed development within an urban service | 
| 768 | boundary established under s. 163.3177(14) is exempt from the | 
| 769 | provisions of this section if the local government having | 
| 770 | jurisdiction over the area where the development is proposed has | 
| 771 | adopted the urban service boundary and has entered into a | 
| 772 | binding agreement with contiguous adjacentjurisdictions and the | 
| 773 | Department of Transportation regarding the mitigation of impacts | 
| 774 | on state and regional transportation facilities, and has adopted | 
| 775 | a proportionate share methodology pursuant to s. 163.3180(16). | 
| 776 | If the binding agreement is not entered into within 12 months | 
| 777 | after the establishment of the urban service boundary, the | 
| 778 | Department of Transportation shall adopt within 90 days a | 
| 779 | reasonable impact-mitigation plan that is applicable in lieu of | 
| 780 | the binding agreement. | 
| 781 | (m)  Any proposed development within a rural land | 
| 782 | stewardship area created under s. 163.3177(11)(d) is exempt from | 
| 783 | the provisions of this section if the local government that has | 
| 784 | adopted the rural land stewardship area has entered into a | 
| 785 | binding agreement with jurisdictions that would be impacted and | 
| 786 | the Department of Transportation regarding the mitigation of | 
| 787 | impacts on state and regional transportation facilities, and has | 
| 788 | adopted a proportionate share methodology pursuant to s. | 
| 789 | 163.3180(16). | 
| 790 | (n)  Any proposed development or redevelopment within an | 
| 791 | area designated as an urban infill and redevelopment area under | 
| 792 | s. 163.2517 is exempt from the provisions of this section if the | 
| 793 | local government has entered into a binding agreement with | 
| 794 | jurisdictions that would be impacted and the Department of | 
| 795 | Transportation regarding the mitigation of impacts on state and | 
| 796 | regional transportation facilities, and has adopted a | 
| 797 | proportionate share methodology pursuant to s. 163.3180(16). | 
| 798 | (o)  The establishment, relocation, or expansion of any | 
| 799 | military installation as defined in s. 163.3175, is exempt from | 
| 800 | this section. | 
| 801 | (p)  Any self-storage warehousing that does not allow | 
| 802 | retail or other services is exempt from the provisions of this | 
| 803 | section. | 
| 804 | (q)  Any proposed nursing home or assisted living facility | 
| 805 | is exempt from the provisions of this section. | 
| 806 | (r)  Any development identified in an airport master plan | 
| 807 | and adopted into the comprehensive plan pursuant to s. | 
| 808 | 163.3177(6)(k) is exempt from the provisions of this section. | 
| 809 | (s)  Any development identified in a campus master plan and | 
| 810 | adopted pursuant to s. 1013.30 is exempt from the provisions of | 
| 811 | this section. | 
| 812 | (t)  Any development in a specific area plan which is | 
| 813 | prepared pursuant to s. 163.3245 and adopted into the | 
| 814 | comprehensive plan is exempt from the provisions of this | 
| 815 | section. | 
| 816 | (u)  Any development in an area granted an exception from | 
| 817 | the concurrency requirements for transportation facilities which | 
| 818 | has met the requirements of s. 163.3180(5)(b)-(g), including the | 
| 819 | requirement for proportionate fair-share mitigation for | 
| 820 | transportation facilities, and which has been adopted into the | 
| 821 | comprehensive plan is exempt from the provisions of this | 
| 822 | section. | 
| 823 | 
 | 
| 824 | If a use is exempt from review as a development of regional | 
| 825 | impact under subparagraphs (a)-(u) but will be part of a larger | 
| 826 | project that is subject to review as a development of regional | 
| 827 | impact, the impact of the exempt use must be included in the | 
| 828 | review of the larger project. | 
| 829 | Section 2.  Subsections (3) and (4) of section 380.0651, | 
| 830 | Florida Statutes, are amended to read: | 
| 831 | 380.0651  Statewide guidelines and standards.-- | 
| 832 | (3)  The following statewide guidelines and standards shall | 
| 833 | be applied in the manner described in s. 380.06(2) to determine | 
| 834 | whether the following developments shall be required to undergo | 
| 835 | development-of-regional-impact review: | 
| 836 | (a)  Airports.-- | 
| 837 | 1.  Any of the following airport construction projects | 
| 838 | shall be a development of regional impact unless exempt under s. | 
| 839 | 380.06(24): | 
| 840 | a.  A new commercial service or general aviation airport | 
| 841 | with paved runways. | 
| 842 | b.  A new commercial service or general aviation paved | 
| 843 | runway. | 
| 844 | c.  A new passenger terminal facility. | 
| 845 | 2.  Lengthening of an existing runway by 25 percent or an | 
| 846 | increase in the number of gates by 25 percent or three gates, | 
| 847 | whichever is greater, on a commercial service airport or a | 
| 848 | general aviation airport with regularly scheduled flights is a | 
| 849 | development of regional impact.  However, expansion of existing | 
| 850 | terminal facilities at a nonhub or small hub commercial service | 
| 851 | airport shall not be a development of regional impact. | 
| 852 | 3.  Any airport development project which is proposed for | 
| 853 | safety, repair, or maintenance reasons alone and would not have | 
| 854 | the potential to increase or change existing types of aircraft | 
| 855 | activity is not a development of regional impact. | 
| 856 | Notwithstanding subparagraphs 1. and 2., renovation, | 
| 857 | modernization, or replacement of airport airside or terminal | 
| 858 | facilities that may include increases in square footage of such | 
| 859 | facilities but does not increase the number of gates or change | 
| 860 | the existing types of aircraft activity is not a development of | 
| 861 | regional impact. | 
| 862 | (b)  Attractions and recreation facilities.--Any sports, | 
| 863 | entertainment, amusement, or recreation facility, including, but | 
| 864 | not limited to, a sports arena, stadium, racetrack, tourist | 
| 865 | attraction, amusement park, or pari-mutuel facility, the | 
| 866 | construction or expansion of which: | 
| 867 | 1.  For single performance facilities: | 
| 868 | a.  Provides parking spaces for more than 2,500 cars; or | 
| 869 | b.  Provides more than 10,000 permanent seats for | 
| 870 | spectators. | 
| 871 | 2.  For serial performance facilities: | 
| 872 | a.  Provides parking spaces for more than 1,000 cars; or | 
| 873 | b.  Provides more than 4,000 permanent seats for | 
| 874 | spectators.  | 
| 875 | 
 | 
| 876 | For purposes of this subsection, "serial performance facilities" | 
| 877 | means those using their parking areas or permanent seating more | 
| 878 | than one time per day on a regular or continuous basis. | 
| 879 | 3.  For multiscreen movie theaters of at least 8 screens | 
| 880 | and 2,500 seats: | 
| 881 | a.  Provides parking spaces for more than 1,500 cars; or | 
| 882 | b.  Provides more than 6,000 permanent seats for | 
| 883 | spectators. | 
| 884 | (b) (c)Industrial plants, industrial parks, and | 
| 885 | distribution, warehousing or wholesaling facilities.--Any | 
| 886 | proposed industrial, manufacturing, or processing plant, or | 
| 887 | distribution, warehousing, or wholesaling facility, excluding | 
| 888 | wholesaling developments which deal primarily with the general | 
| 889 | public onsite, under common ownership, or any proposed | 
| 890 | industrial, manufacturing, or processing activity or | 
| 891 | distribution, warehousing, or wholesaling activity, excluding | 
| 892 | wholesaling activities which deal primarily with the general | 
| 893 | public onsite, which: | 
| 894 | 1.  Provides parking for more than 2,500 motor vehicles; or | 
| 895 | 2.  Occupies a site greater than 320 acres. | 
| 896 | (c) (d)Office development.--Any proposed office building | 
| 897 | or park operated under common ownership, development plan, or | 
| 898 | management that: | 
| 899 | 1.  Encompasses 300,000 or more square feet of gross floor | 
| 900 | area; or | 
| 901 | 2.  Encompasses more than 600,000 square feet of gross | 
| 902 | floor area in a county with a population greater than 500,000 | 
| 903 | and only in a geographic area specifically designated as highly | 
| 904 | suitable for increased threshold intensity in the approved local | 
| 905 | comprehensive plan and in the strategic regional policy plan. | 
| 906 | (d) (e)MarinasPort facilities.--The proposed construction | 
| 907 | of any waterport ormarina is required to undergo | 
| 908 | development-of-regional-impact review if it is , except one | 
| 909 | designed for: | 
| 910 | 1.a.  The wet storage or mooring of more fewerthan 150 | 
| 911 | watercraft used exclusivelyfor sport, pleasure, or commercial | 
| 912 | fishing; ,or | 
| 913 | b.  The dry storage of fewer than 200 watercraft used | 
| 914 | exclusively for sport, pleasure, or commercial fishing, or | 
| 915 | b. c.The wetor drystorage or mooring of morefewerthan | 
| 916 | 150 watercraft on or adjacent to an inland freshwater lake | 
| 917 | except Lake Okeechobee or any lake that whichhas been | 
| 918 | designated an Outstanding Florida Water. , or | 
| 919 | d.  The wet or dry storage or mooring of fewer than 50 | 
| 920 | watercraft of 40 feet in length or less of any type or purpose. | 
| 921 | 2.  The subthreshold exceptions to this paragraph's | 
| 922 | requirements for development-of-regional-impact review do shall | 
| 923 | not apply to any waterport ormarina facility located within or | 
| 924 | which serves physical development located within a coastal | 
| 925 | barrier resource unit on an unbridged barrier island designated | 
| 926 | pursuant to 16 U.S.C. s. 3501. | 
| 927 | 
 | 
| 928 | In addition to the foregoing, for projects for which no | 
| 929 | environmental resource permit or sovereign submerged land lease | 
| 930 | is required, the Department of Environmental Protection must | 
| 931 | determine in writing that a proposed marina in excess of 75 10 | 
| 932 | slips or storage spaces or a combination of the two is located | 
| 933 | so that it will not adversely impact Outstanding Florida Waters | 
| 934 | or Class II waters and will not contribute boat traffic in a | 
| 935 | manner that will have an adverse impact on an area known to be, | 
| 936 | or likely to be, frequented by manatees. If the Department of | 
| 937 | Environmental Protection fails to issue its determination within | 
| 938 | 45 days after ofreceipt of a formal written request, it has | 
| 939 | waived its authority to make such determination. The Department | 
| 940 | of Environmental Protection determination shall constitute final | 
| 941 | agency action pursuant to chapter 120. | 
| 942 | 2.  The dry storage of fewer than 300 watercraft used | 
| 943 | exclusively for sport, pleasure, or commercial fishing at a | 
| 944 | marina constructed and in operation prior to July 1, 1985. | 
| 945 | 3.  Any proposed marina development with both wet and dry | 
| 946 | mooring or storage used exclusively for sport, pleasure, or | 
| 947 | commercial fishing, where the sum of percentages of the | 
| 948 | applicable wet and dry mooring or storage thresholds equals 100 | 
| 949 | percent. This threshold is in addition to, and does not | 
| 950 | preclude, a development from being required to undergo | 
| 951 | development-of-regional-impact review under sub-subparagraphs | 
| 952 | 1.a. and b. and subparagraph 2. | 
| 953 | (e) (f)Retail and service development.--Any proposed | 
| 954 | retail, service, or wholesale business establishment or group of | 
| 955 | establishments which deals primarily with the general public | 
| 956 | onsite, operated under one common property ownership, | 
| 957 | development plan, or management that: | 
| 958 | 1.  Encompasses more than 400,000 square feet of gross | 
| 959 | area; or | 
| 960 | 2.  Provides parking spaces for more than 2,500 cars. | 
| 961 | (f) (g)Hotel or motel development.-- | 
| 962 | 1.  Any proposed hotel or motel development that is planned | 
| 963 | to create or accommodate 350 or more units; or | 
| 964 | 2.  Any proposed hotel or motel development that is planned | 
| 965 | to create or accommodate 750 or more units, in a county with a | 
| 966 | population greater than 500,000, and only in a geographic area | 
| 967 | specifically designated as highly suitable for increased | 
| 968 | threshold intensity in the approved local comprehensive plan and | 
| 969 | in the strategic regional policy plan. | 
| 970 | (g) (h)Recreational vehicle development.--Any proposed | 
| 971 | recreational vehicle development planned to create or | 
| 972 | accommodate 500 or more spaces. | 
| 973 | (h) (i)Multiuse development.--Any proposed development | 
| 974 | with two or more land uses where the sum of the percentages of | 
| 975 | the appropriate thresholds identified in chapter 28-24, Florida | 
| 976 | Administrative Code, or this section for each land use in the | 
| 977 | development is equal to or greater than 145 percent. Any | 
| 978 | proposed development with three or more land uses, one of which | 
| 979 | is residential and contains at least 100 dwelling units or 15 | 
| 980 | percent of the applicable residential threshold, whichever is | 
| 981 | greater, where the sum of the percentages of the appropriate | 
| 982 | thresholds identified in chapter 28-24, Florida Administrative | 
| 983 | Code, or this section for each land use in the development is | 
| 984 | equal to or greater than 160 percent.  This threshold is in | 
| 985 | addition to, and does not preclude, a development from being | 
| 986 | required to undergo development-of-regional-impact review under | 
| 987 | any other threshold. | 
| 988 | (i) (j)Residential development.--No rule may be adopted | 
| 989 | concerning residential developments which treats a residential | 
| 990 | development in one county as being located in a less populated | 
| 991 | adjacent county unless more than 25 percent of the development | 
| 992 | is located within 2 or less miles of the less populated adjacent | 
| 993 | county. | 
| 994 | (k)  Schools.-- | 
| 995 | 1.  The proposed construction of any public, private, or | 
| 996 | proprietary postsecondary educational campus which provides for | 
| 997 | a design population of more than 5,000 full-time equivalent | 
| 998 | students, or the proposed physical expansion of any public, | 
| 999 | private, or proprietary postsecondary educational campus having | 
| 1000 | such a design population that would increase the population by | 
| 1001 | at least 20 percent of the design population. | 
| 1002 | 2.  As used in this paragraph, "full-time equivalent | 
| 1003 | student" means enrollment for 15 or more quarter hours during a | 
| 1004 | single academic semester. In career centers or other | 
| 1005 | institutions which do not employ semester hours or quarter hours | 
| 1006 | in accounting for student participation, enrollment for 18 | 
| 1007 | contact hours shall be considered equivalent to one quarter | 
| 1008 | hour, and enrollment for 27 contact hours shall be considered | 
| 1009 | equivalent to one semester hour. | 
| 1010 | 3.  This paragraph does not apply to institutions which are | 
| 1011 | the subject of a campus master plan adopted by the university | 
| 1012 | board of trustees pursuant to s. 1013.30. | 
| 1013 | (4)  Two or more developments, represented by their owners | 
| 1014 | or developers to be separate developments, shall be aggregated | 
| 1015 | and treated as a single development under this chapter when they | 
| 1016 | are determined to be part of a unified plan of development and | 
| 1017 | are physically proximate to one other. | 
| 1018 | (a)  The criteria of two of the following subparagraphs | 
| 1019 | must be met in order for the state land planning agency to | 
| 1020 | determine that there is a unified plan of development: | 
| 1021 | 1.a.  The same person has retained or shared control of the | 
| 1022 | developments; | 
| 1023 | b.  The same person has ownership or a significant legal or | 
| 1024 | equitable interest in the developments; or | 
| 1025 | c.  There is common management of the developments | 
| 1026 | controlling the form of physical development or disposition of | 
| 1027 | parcels of the development. | 
| 1028 | 2.  There is a reasonable closeness in time between the | 
| 1029 | completion of 80 percent or less of one development and the | 
| 1030 | submission to a governmental agency of a master plan or series | 
| 1031 | of plans or drawings for the other development which is | 
| 1032 | indicative of a common development effort. | 
| 1033 | 3.  A master plan or series of plans or drawings exists | 
| 1034 | covering the developments sought to be aggregated which have | 
| 1035 | been submitted to a local general-purpose government, water | 
| 1036 | management district, the Florida Department of Environmental | 
| 1037 | Protection, or the Division of Florida Land Sales, Condominiums, | 
| 1038 | and Mobile Homes for authorization to commence development. The | 
| 1039 | existence or implementation of a utility's master utility plan | 
| 1040 | required by the Public Service Commission or general-purpose | 
| 1041 | local government or a master drainage plan shall not be the sole | 
| 1042 | determinant of the existence of a master plan. | 
| 1043 | 4.  The voluntary sharing of infrastructure that is | 
| 1044 | indicative of a common development effort or is designated | 
| 1045 | specifically to accommodate the developments sought to be | 
| 1046 | aggregated, except that which was implemented because it was | 
| 1047 | required by a local general-purpose government; water management | 
| 1048 | district; the Department of Environmental Protection; the | 
| 1049 | Division of Florida Land Sales, Condominiums, and Mobile Homes; | 
| 1050 | or the Public Service Commission. | 
| 1051 | 5.  There is a common advertising scheme or promotional | 
| 1052 | plan in effect for the developments sought to be aggregated. | 
| 1053 | (b)  The following activities or circumstances shall not be | 
| 1054 | considered in determining whether to aggregate two or more | 
| 1055 | developments: | 
| 1056 | 1.  Activities undertaken leading to the adoption or | 
| 1057 | amendment of any comprehensive plan element described in part II | 
| 1058 | of chapter 163. | 
| 1059 | 2.  The sale of unimproved parcels of land, where the | 
| 1060 | seller does not retain significant control of the future | 
| 1061 | development of the parcels. | 
| 1062 | 3.  The fact that the same lender has a financial interest, | 
| 1063 | including one acquired through foreclosure, in two or more | 
| 1064 | parcels, so long as the lender is not an active participant in | 
| 1065 | the planning, management, or development of the parcels in which | 
| 1066 | it has an interest. | 
| 1067 | 4.  Drainage improvements that are not designed to | 
| 1068 | accommodate the types of development listed in the guidelines | 
| 1069 | and standards contained in or adopted pursuant to this chapter | 
| 1070 | or which are not designed specifically to accommodate the | 
| 1071 | developments sought to be aggregated. | 
| 1072 | (c)  Aggregation is not applicable when the following | 
| 1073 | circumstances and provisions of this chapter are applicable: | 
| 1074 | 1.  Developments that whichare otherwise subject to | 
| 1075 | aggregation with a development of regional impact that whichhas | 
| 1076 | received approval through the issuance of a final development | 
| 1077 | order may shallnot be aggregated with the approved development | 
| 1078 | of regional impact. However, nothing contained inthis | 
| 1079 | subparagraph does not shallpreclude the state land planning | 
| 1080 | agency from evaluating an allegedly separate development as a | 
| 1081 | substantial deviation pursuant to s. 380.06(19) or as an | 
| 1082 | independent development of regional impact and, if so, the | 
| 1083 | impacts of the independent developments of regional impact may | 
| 1084 | not be considered cumulatively. | 
| 1085 | 2.  Two or more developments, each of which is | 
| 1086 | independently a development of regional impact that has or will | 
| 1087 | obtain a development order pursuant to s. 380.06. | 
| 1088 | 3.  Completion of any development that has been vested | 
| 1089 | pursuant to s. 380.05 or s. 380.06, including vested rights | 
| 1090 | arising out of agreements entered into with the state land | 
| 1091 | planning agency for purposes of resolving vested rights issues. | 
| 1092 | Development-of-regional-impact review of additions to vested | 
| 1093 | developments of regional impact shall not include review of the | 
| 1094 | impacts resulting from the vested portions of the development. | 
| 1095 | 4.  The developments sought to be aggregated were | 
| 1096 | authorized to commence development prior to September 1, 1988, | 
| 1097 | and could not have been required to be aggregated under the law | 
| 1098 | existing prior to that date. | 
| 1099 | (d)  The provisions of this subsection shall be applied | 
| 1100 | prospectively from September 1, 1988.  Written decisions, | 
| 1101 | agreements, and binding letters of interpretation made or issued | 
| 1102 | by the state land planning agency prior to July 1, 1988, shall | 
| 1103 | not be affected by this subsection. | 
| 1104 | (e)  In order to encourage developers to design, finance, | 
| 1105 | donate, or build infrastructure, public facilities, or services, | 
| 1106 | the state land planning agency may enter into binding agreements | 
| 1107 | with two or more developers providing that the joint planning, | 
| 1108 | sharing, or use of specified public infrastructure, facilities, | 
| 1109 | or services by the developers shall not be considered in any | 
| 1110 | subsequent determination of whether a unified plan of | 
| 1111 | development exists for their developments. Such binding | 
| 1112 | agreements may authorize the developers to pool impact fees or | 
| 1113 | impact-fee credits, or to enter into front-end agreements, or | 
| 1114 | other financing arrangements by which they collectively agree to | 
| 1115 | design, finance, donate, or build such public infrastructure, | 
| 1116 | facilities, or services. Such agreements shall be conditioned | 
| 1117 | upon a subsequent determination by the appropriate local | 
| 1118 | government of consistency with the approved local government | 
| 1119 | comprehensive plan and land development regulations. | 
| 1120 | Additionally, the developers must demonstrate that the provision | 
| 1121 | and sharing of public infrastructure, facilities, or services is | 
| 1122 | in the public interest and not merely for the benefit of the | 
| 1123 | developments which are the subject of the agreement. | 
| 1124 | Developments that are the subject of an agreement pursuant to | 
| 1125 | this paragraph shall be aggregated if the state land planning | 
| 1126 | agency determines that sufficient aggregation factors are | 
| 1127 | present to require aggregation without considering the design | 
| 1128 | features, financial arrangements, donations, or construction | 
| 1129 | that are specified in and required by the agreement. | 
| 1130 | (f)  The state land planning agency has authority to adopt | 
| 1131 | rules pursuant to ss. 120.536(1) and 120.54 to implement the | 
| 1132 | provisions of this subsection. | 
| 1133 | Section 3.  Subsection (7) is added to section 380.07, | 
| 1134 | Florida Statutes, to read: | 
| 1135 | 380.07  Florida Land and Water Adjudicatory Commission.-- | 
| 1136 | (7)  Notwithstanding any other provision of law, s. | 
| 1137 | 163.3215 is the sole mechanism for challenging the consistency | 
| 1138 | of a development order issued under this chapter with the local | 
| 1139 | government comprehensive plan. The Department of Community | 
| 1140 | Affairs has standing to initiate an action under s. 163.3215 to | 
| 1141 | determine the consistency of a development-of-regional-impact | 
| 1142 | development order with the local government comprehensive plan | 
| 1143 | and for no other purpose. | 
| 1144 | Section 4.  Section 380.115, Florida Statutes, is amended | 
| 1145 | to read: | 
| 1146 | 380.115  Vested rights and duties; effect of size | 
| 1147 | reduction, changes in guidelines and standards chs. 2002-20 and | 
| 1148 | 2002-296.-- | 
| 1149 | (1)  A change in a development-of-regional-impact guideline | 
| 1150 | and standard does not abridge Nothing contained in this act | 
| 1151 | abridgesor modifymodifiesany vested or other right or any | 
| 1152 | duty or obligation pursuant to any development order or | 
| 1153 | agreement that is applicable to a development of regional impact | 
| 1154 | on the effective date of this act. A development that has | 
| 1155 | received a development-of-regional-impact development order | 
| 1156 | pursuant to s. 380.06, but is no longer required to undergo | 
| 1157 | development-of-regional-impact review by operation of a change | 
| 1158 | in the guidelines and standards or has reduced its size below | 
| 1159 | the thresholds in s. 380.0651 of this act, shall be governed by | 
| 1160 | the following procedures: | 
| 1161 | (a)  The development shall continue to be governed by the | 
| 1162 | development-of-regional-impact development order and may be | 
| 1163 | completed in reliance upon and pursuant to the development order | 
| 1164 | unless the developer or landowner has followed the procedures | 
| 1165 | for rescission in paragraph (b). The development-of-regional- | 
| 1166 | impact development order may be enforced by the local government | 
| 1167 | as provided by ss. 380.06(17) and 380.11. | 
| 1168 | (b)  If requested by the developer or landowner, the | 
| 1169 | development-of-regional-impact development order shall maybe | 
| 1170 | rescinded by the local government having jurisdiction upon a | 
| 1171 | showing that all required mitigation related to the amount of | 
| 1172 | development that existed on the date of rescission has been | 
| 1173 | completed abandoned pursuant to the process in s. 380.06(26). | 
| 1174 | (2)  A development with an application for development | 
| 1175 | approval pending, and determined sufficientpursuant to s. | 
| 1176 | 380.06 s. 380.06(10), on the effective date of a change to the | 
| 1177 | guidelines and standards this act, or a notification of proposed | 
| 1178 | change pending on the effective date of a change to the | 
| 1179 | guidelines and standards this act, may elect to continue such | 
| 1180 | review pursuant to s. 380.06. At the conclusion of the pending | 
| 1181 | review, including any appeals pursuant to s. 380.07, the | 
| 1182 | resulting development order shall be governed by the provisions | 
| 1183 | of subsection (1). | 
| 1184 | (3)  A landowner that has filed an application for a | 
| 1185 | development-of-regional-impact review prior to the adoption of | 
| 1186 | an optional sector plan pursuant to s. 163.3245 may elect to | 
| 1187 | have the application reviewed pursuant to s. 380.06, | 
| 1188 | comprehensive plan provisions in force prior to adoption of the | 
| 1189 | sector plan, and any requested comprehensive plan amendments | 
| 1190 | that accompany the application. | 
| 1191 | Section 5.  Subsection (12) of section 163.3180, Florida | 
| 1192 | Statutes, is amended to read: | 
| 1193 | 163.3180  Concurrency.-- | 
| 1194 | (12)  When authorized by a local comprehensive plan, a | 
| 1195 | multiuse development of regional impact may satisfy the | 
| 1196 | transportation concurrency requirements of the local | 
| 1197 | comprehensive plan, the local government's concurrency | 
| 1198 | management system, and s. 380.06 by payment of a proportionate- | 
| 1199 | share contribution for local and regionally significant traffic | 
| 1200 | impacts, if: | 
| 1201 | (a)  The development of regional impact meets or exceeds | 
| 1202 | the guidelines and standards of s. 380.0651(3)(h) s. | 
| 1203 | 380.0651(3)(i)and rule 28-24.032(2), Florida Administrative | 
| 1204 | Code, and includes a residential component that contains at | 
| 1205 | least 100 residential dwelling units or 15 percent of the | 
| 1206 | applicable residential guideline and standard, whichever is | 
| 1207 | greater; | 
| 1208 | (b)  The development of regional impact contains an | 
| 1209 | integrated mix of land uses and is designed to encourage | 
| 1210 | pedestrian or other nonautomotive modes of transportation; | 
| 1211 | (c)  The proportionate-share contribution for local and | 
| 1212 | regionally significant traffic impacts is sufficient to pay for | 
| 1213 | one or more required improvements that will benefit a regionally | 
| 1214 | significant transportation facility; | 
| 1215 | (d)  The owner and developer of the development of regional | 
| 1216 | impact pays or assures payment of the proportionate-share | 
| 1217 | contribution; and | 
| 1218 | (e)  If the regionally significant transportation facility | 
| 1219 | to be constructed or improved is under the maintenance authority | 
| 1220 | of a governmental entity, as defined by s. 334.03(12), other | 
| 1221 | than the local government with jurisdiction over the development | 
| 1222 | of regional impact, the developer is required to enter into a | 
| 1223 | binding and legally enforceable commitment to transfer funds to | 
| 1224 | the governmental entity having maintenance authority or to | 
| 1225 | otherwise assure construction or improvement of the facility. | 
| 1226 | 
 | 
| 1227 | The proportionate-share contribution may be applied to any | 
| 1228 | transportation facility to satisfy the provisions of this | 
| 1229 | subsection and the local comprehensive plan, but, for the | 
| 1230 | purposes of this subsection, the amount of the proportionate- | 
| 1231 | share contribution shall be calculated based upon the cumulative | 
| 1232 | number of trips from the proposed development expected to reach | 
| 1233 | roadways during the peak hour from the complete buildout of a | 
| 1234 | stage or phase being approved, divided by the change in the peak | 
| 1235 | hour maximum service volume of roadways resulting from | 
| 1236 | construction of an improvement necessary to maintain the adopted | 
| 1237 | level of service, multiplied by the construction cost, at the | 
| 1238 | time of developer payment, of the improvement necessary to | 
| 1239 | maintain the adopted level of service. For purposes of this | 
| 1240 | subsection, "construction cost" includes all associated costs of | 
| 1241 | the improvement. | 
| 1242 | Section 6.  Subsection (21) of section 331.303, Florida | 
| 1243 | Statutes, is amended to read: | 
| 1244 | 331.303  Definitions.-- | 
| 1245 | (21)  "Spaceport launch facilities" shall be defined as | 
| 1246 | industrial facilities in accordance with s. 380.0651(3)(b) s. | 
| 1247 | 380.0651(3)(c)and include any launch pad, launch control | 
| 1248 | center, and fixed launch-support equipment. | 
| 1249 | Section 7.  This act shall take effect July 1, 2006. |