HB 0683

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to growth management; amending s. 380.06,
7	F.S.; providing for the state land planning agency to
8	determine the amount of development that remains to be
9	built in certain circumstances; specifying certain
10	requirements for a development order; revising the
11	circumstances in which a local government may issue
12	permits for development subsequent to the buildout date;
13	revising the definition of an essentially built-out
14	development; revising the criteria under which a proposed
15	change constitutes a substantial deviation; clarifying the
16	criteria under which the extension of a buildout date is
17	presumed to create a substantial deviation; requiring
18	notice of any change to certain set-aside areas be
19	submitted to the local government; requiring that notice
20	of certain changes be given to the state land planning
21	agency, regional planning agency, and local government;
22	requiring 45 days' notice to specified entities and
23	publication of a public notice for certain proposed
24	changes; requiring that a memorandum of notice of certain
25	changes be filed with the clerk of court; revising the
26	requirement for further development-of-regional-impact
27	review of a proposed change; revising the statutory
28	exemptions from development-of-regional-impact review for
29	certain facilities; providing statutory exemptions for the
30	development of certain facilities; providing that the
31	impacts from an exempt use that will be part of a larger
32	project be included in the development-of-regional-impact
33	review of the larger project; amending s. 380.0651, F.S.;
34	revising the statewide guidelines and standards for
35	development-of-regional-impact review of certain types of
36	developments; allowing the state land planning agency to
37	consider the impacts of independent developments of
38	regional impact cumulatively under certain circumstances;
39	amending s. 380.07, F.S.; eliminating the appeal of
40	development orders within a development of regional impact
41	to the Florida Land and Water Adjudicatory Commission;
42	amending s. 380.115, F.S.; providing that a change in a
43	development-of-regional-impact guideline and standard does
44	not abridge or modify any vested right or duty under a
45	development order; providing a process for the rescission
46	of a development order by the local government in certain
47	circumstances; providing an exemption for certain
48	applications for development approval and notices of
49	proposed changes; amending s. 342.07, F.S.; adding
50	recreational activities as an important state interest;
51	including public lodging establishments within the
52	definition of the term "recreational and commercial
53	working waterfront"; providing an effective date.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Paragraphs (a) and (i) of subsection (4) and
58	subsections (15), (19), and (24) of section 380.06, Florida
59	Statutes, are amended, and subsection (28) is added to that
60	section, to read:
61	380.06  Developments of regional impact.--
62	(4)  BINDING LETTER.--
63	(a)  If any developer is in doubt whether his or her
64	proposed development must undergo development-of-regional-impact
65	review under the guidelines and standards, whether his or her
66	rights have vested pursuant to subsection (20), or whether a
67	proposed substantial change to a development of regional impact
68	concerning which rights had previously vested pursuant to
69	subsection (20) would divest such rights, the developer may
70	request a determination from the state land planning agency. The
71	developer or the appropriate local government having
72	jurisdiction may request that the state land planning agency
73	determine whether the amount of development that remains to be
74	built in an approved development of regional impact meets the
75	criteria of subparagraph (15)(g)3.
76	(i)  In response to an inquiry from a developer or the
77	appropriate local government having jurisdiction, the state land
78	planning agency may issue an informal determination in the form
79	of a clearance letter as to whether a development is required to
80	undergo development-of-regional-impact review, or whether the
81	amount of development that remains to be built in an approved
82	development of regional impact meets the criteria of
83	subparagraph (15)(g)3. A clearance letter may be based solely on
84	the information provided by the developer, and the state land
85	planning agency is not required to conduct an investigation of
86	that information. If any material information provided by the
87	developer is incomplete or inaccurate, the clearance letter is
88	not binding upon the state land planning agency. A clearance
89	letter does not constitute final agency action.
90	(15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
91	(a)  The appropriate local government shall render a
92	decision on the application within 30 days after the hearing
93	unless an extension is requested by the developer.
94	(b)  When possible, local governments shall issue
95	development orders concurrently with any other local permits or
96	development approvals that may be applicable to the proposed
97	development.
98	(c)  The development order shall include findings of fact
99	and conclusions of law consistent with subsections (13) and
100	(14). The development order:
101	1.  Shall specify the monitoring procedures and the local
102	official responsible for assuring compliance by the developer
103	with the development order.
104	2.  Shall establish compliance dates for the development
105	order, including a deadline for commencing physical development
106	and for compliance with conditions of approval or phasing
107	requirements, and shall include a buildout termination date that
108	reasonably reflects the time anticipated required to complete
109	the development.
110	3.  Shall establish a date until which the local government
111	agrees that the approved development of regional impact shall
112	not be subject to downzoning, unit density reduction, or
113	intensity reduction, unless the local government can demonstrate
114	that substantial changes in the conditions underlying the
115	approval of the development order have occurred or the
116	development order was based on substantially inaccurate
117	information provided by the developer or that the change is
118	clearly established by local government to be essential to the
119	public health, safety, or welfare. The date established pursuant
120	to this subparagraph shall be no sooner than the buildout date
121	of the project.
122	4.  Shall specify the requirements for the biennial report
123	designated under subsection (18), including the date of
124	submission, parties to whom the report is submitted, and
125	contents of the report, based upon the rules adopted by the
126	state land planning agency. Such rules shall specify the scope
127	of any additional local requirements that may be necessary for
128	the report.
129	5.  May specify the types of changes to the development
130	which shall require submission for a substantial deviation
131	determination or a notice of proposed change under subsection
132	(19).
133	6.  Shall include a legal description of the property.
134	(d)  Conditions of a development order that require a
135	developer to contribute land for a public facility or construct,
136	expand, or pay for land acquisition or construction or expansion
137	of a public facility, or portion thereof, shall meet the
138	following criteria:
139	1.  The need to construct new facilities or add to the
140	present system of public facilities must be reasonably
141	attributable to the proposed development.
142	2.  Any contribution of funds, land, or public facilities
143	required from the developer shall be comparable to the amount of
144	funds, land, or public facilities that the state or the local
145	government would reasonably expect to expend or provide, based
146	on projected costs of comparable projects, to mitigate the
147	impacts reasonably attributable to the proposed development.
148	3.  Any funds or lands contributed must be expressly
149	designated and used to mitigate impacts reasonably attributable
150	to the proposed development.
151	4.  Construction or expansion of a public facility by a
152	nongovernmental developer as a condition of a development order
153	to mitigate the impacts reasonably attributable to the proposed
154	development is not subject to competitive bidding or competitive
155	negotiation for selection of a contractor or design professional
156	for any part of the construction or design unless required by
157	the local government that issues the development order.
158	(e)1.  Effective July 1, 1986, A local government shall not
159	include, as a development order condition for a development of
160	regional impact, any requirement that a developer contribute or
161	pay for land acquisition or construction or expansion of public
162	facilities or portions thereof unless the local government has
163	enacted a local ordinance which requires other development not
164	subject to this section to contribute its proportionate share of
165	the funds, land, or public facilities necessary to accommodate
166	any impacts having a rational nexus to the proposed development,
167	and the need to construct new facilities or add to the present
168	system of public facilities must be reasonably attributable to
169	the proposed development.
170	2.  A local government shall not approve a development of
171	regional impact that does not make adequate provision for the
172	public facilities needed to accommodate the impacts of the
173	proposed development unless the local government includes in the
174	development order a commitment by the local government to
175	provide these facilities consistently with the development
176	schedule approved in the development order; however, a local
177	government's failure to meet the requirements of subparagraph 1.
178	and this subparagraph shall not preclude the issuance of a
179	development order where adequate provision is made by the
180	developer for the public facilities needed to accommodate the
181	impacts of the proposed development. Any funds or lands
182	contributed by a developer must be expressly designated and used
183	to accommodate impacts reasonably attributable to the proposed
184	development.
185	3.  The Department of Community Affairs and other state and
186	regional agencies involved in the administration and
187	implementation of this act shall cooperate and work with units
188	of local government in preparing and adopting local impact fee
189	and other contribution ordinances.
190	(f)  Notice of the adoption of a development order or the
191	subsequent amendments to an adopted development order shall be
192	recorded by the developer, in accordance with s. 28.222, with
193	the clerk of the circuit court for each county in which the
194	development is located. The notice shall include a legal
195	description of the property covered by the order and shall state
196	which unit of local government adopted the development order,
197	the date of adoption, the date of adoption of any amendments to
198	the development order, the location where the adopted order with
199	any amendments may be examined, and that the development order
200	constitutes a land development regulation applicable to the
201	property. The recording of this notice shall not constitute a
202	lien, cloud, or encumbrance on real property, or actual or
203	constructive notice of any such lien, cloud, or encumbrance.
204	This paragraph applies only to developments initially approved
205	under this section after July 1, 1980.
206	(g)  A local government shall not issue permits for
207	development subsequent to the buildout termination date or
208	expiration date contained in the development order unless:
209	1.  The proposed development has been evaluated
210	cumulatively with existing development under the substantial
211	deviation provisions of subsection (19) subsequent to the
212	termination or expiration date;
213	2.  The proposed development is consistent with an
214	abandonment of development order that has been issued in
215	accordance with the provisions of subsection (26); or
216	3.  The development of regional impact is essentially built
217	out, in that all the mitigation requirements in the development
218	order have been satisfied, all developers are in compliance with
219	all applicable terms and conditions of the development order
220	except the buildout date, and the amount of proposed development
221	that remains to be built is less than 20 percent of any
222	applicable development-of-regional-impact threshold; or
223	4.3.  The project has been determined to be an essentially
224	built-out development of regional impact through an agreement
225	executed by the developer, the state land planning agency, and
226	the local government, in accordance with s. 380.032, which will
227	establish the terms and conditions under which the development
228	may be continued. If the project is determined to be essentially
229	built out built-out, development may proceed pursuant to the s.
230	380.032 agreement after the termination or expiration date
231	contained in the development order without further development-
232	of-regional-impact review subject to the local government
233	comprehensive plan and land development regulations or subject
234	to a modified development-of-regional-impact analysis. As used
235	in this paragraph, an "essentially built-out" development of
236	regional impact means:
237	a.  The developers are development is in compliance with
238	all applicable terms and conditions of the development order
239	except the buildout built-out date; and
240	b.(I)  The amount of development that remains to be built
241	is less than the substantial deviation threshold specified in
242	paragraph (19)(b) for each individual land use category, or, for
243	a multiuse development, the sum total of all unbuilt land uses
244	as a percentage of the applicable substantial deviation
245	threshold is equal to or less than 100 percent; or
246	(II)  The state land planning agency and the local
247	government have agreed in writing that the amount of development
248	to be built does not create the likelihood of any additional
249	regional impact not previously reviewed.
250
251	In addition to the requirements of subparagraphs 3. and 4., the
252	single-family residential portions of a development may be
253	considered "essentially built out" if all of the infrastructure
254	and horizontal development have been completed, at least 50
255	percent of the dwelling units have been completed, and more than
256	80 percent of the lots have been conveyed to third-party
257	individual lot owners or to individual builders who own no more
258	than 40 lots at the time of the determination.
259	(h)  If the property is annexed by another local
260	jurisdiction, the annexing jurisdiction shall adopt a new
261	development order that incorporates all previous rights and
262	obligations specified in the prior development order.
263	(19)  SUBSTANTIAL DEVIATIONS.--
264	(a)  Any proposed change to a previously approved
265	development which creates a reasonable likelihood of additional
266	regional impact, or any type of regional impact created by the
267	change not previously reviewed by the regional planning agency,
268	shall constitute a substantial deviation and shall cause the
269	proposed change development to be subject to further
270	development-of-regional-impact review. There are a variety of
271	reasons why a developer may wish to propose changes to an
272	approved development of regional impact, including changed
273	market conditions. The procedures set forth in this subsection
274	are for that purpose.
275	(b)  Any proposed change to a previously approved
276	development of regional impact or development order condition
277	which, either individually or cumulatively with other changes,
278	exceeds any of the following criteria shall constitute a
279	substantial deviation and shall cause the development to be
280	subject to further development-of-regional-impact review without
281	the necessity for a finding of same by the local government:
282	1.  An increase in the number of parking spaces at an
283	attraction or recreational facility by 10 5 percent or 330 300
284	spaces, whichever is greater, or an increase in the number of
285	spectators that may be accommodated at such a facility by 10 5
286	percent or 1,100 1,000 spectators, whichever is greater.
287	2.  A new runway, a new terminal facility, a 25-percent
288	lengthening of an existing runway, or a 25-percent increase in
289	the number of gates of an existing terminal, but only if the
290	increase adds at least three additional gates.
291	3.  An increase in the number of hospital beds by 5 percent
292	or 60 beds, whichever is greater.
293	3.4.  An increase in industrial development area by 10 5
294	percent or 35 32 acres, whichever is greater.
295	4.5.  An increase in the average annual acreage mined by 10
296	5 percent or 11 10 acres, whichever is greater, or an increase
297	in the average daily water consumption by a mining operation by
298	10 5 percent or 330,000 300,000 gallons, whichever is greater.
299	An increase in the size of the mine by 10 5 percent or 825 750
300	acres, whichever is less. An increase in the size of a heavy
301	mineral mine as defined in s. 378.403(7) will only constitute a
302	substantial deviation if the average annual acreage mined is
303	more than 550 500 acres and consumes more than 3.3 3 million
304	gallons of water per day.
305	5.6.  An increase in land area for office development by 10
306	5 percent or an increase of gross floor area of office
307	development by 10 5 percent or 66,000 60,000 gross square feet,
308	whichever is greater.
309	6.  An increase of development at a marina of 10 percent of
310	wet storage or for 30 watercraft slips, whichever is greater, or
311	20 percent of wet storage or 60 watercraft slips in an area
312	identified by a local government in a boat facility siting plan
313	as an appropriate site for additional marina development,
314	whichever is greater.
315	7.  An increase in the storage capacity for chemical or
316	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
317	million pounds, whichever is greater.
318	8.  An increase of development at a waterport of wet
319	storage for 20 watercraft, dry storage for 30 watercraft, or
320	wet/dry storage for 60 watercraft in an area identified in the
321	state marina siting plan as an appropriate site for additional
322	waterport development or a 5-percent increase in watercraft
323	storage capacity, whichever is greater.
324	7.9.  An increase in the number of dwelling units by 10 5
325	percent or 55 50 dwelling units, whichever is greater.
326	8.  An increase in the number of dwelling units by 15
327	percent or 100 units, whichever is greater, provided that 20
328	percent of the increase in the number of dwelling units is
329	dedicated to the construction of workforce housing. For purposes
330	of this subparagraph, the term "workforce housing" means housing
331	that is affordable to a person who earns less than 120 percent
332	of the area median income.
333	9.10.  An increase in commercial development by 55,000
334	50,000 square feet of gross floor area or of parking spaces
335	provided for customers for 330 300 cars or a 10-percent 5-
336	percent increase of either of these, whichever is greater.
337	10.11.  An increase in hotel or motel rooms facility units
338	by 10 5 percent or 83 rooms 75 units, whichever is greater.
339	11.12.  An increase in a recreational vehicle park area by
340	10 5 percent or 110 100 vehicle spaces, whichever is less.
341	12.13.  A decrease in the area set aside for open space of
342	5 percent or 20 acres, whichever is less.
343	13.14.  A proposed increase to an approved multiuse
344	development of regional impact where the sum of the increases of
345	each land use as a percentage of the applicable substantial
346	deviation criteria is equal to or exceeds 110 100 percent. The
347	percentage of any decrease in the amount of open space shall be
348	treated as an increase for purposes of determining when 110 100
349	percent has been reached or exceeded.
350	14.15.  A 15-percent increase in the number of external
351	vehicle trips generated by the development above that which was
352	projected during the original development-of-regional-impact
353	review.
354	15.16.  Any change which would result in development of any
355	area which was specifically set aside in the application for
356	development approval or in the development order for
357	preservation or special protection of endangered or threatened
358	plants or animals designated as endangered, threatened, or
359	species of special concern and their habitat, primary dunes, or
360	archaeological and historical sites designated as significant by
361	the Division of Historical Resources of the Department of State.
362	The further refinement of such areas by survey shall be
363	considered under sub-subparagraph (e)2.j. (e)5.b.
364
365	The substantial deviation numerical standards in subparagraphs
366	3., 5., 9., 10., and 13. 4., 6., 10., 14., excluding residential
367	uses, and in subparagraph 14. 15., are increased by 100 percent
368	for a project certified under s. 403.973 which creates jobs and
369	meets criteria established by the Office of Tourism, Trade, and
370	Economic Development as to its impact on an area's economy,
371	employment, and prevailing wage and skill levels. The
372	substantial deviation numerical standards in subparagraphs 3.,
373	5., 7., 8., 9., 10., 13., and 14. 4., 6., 9., 10., 11., and 14.
374	are increased by 50 percent for a project located wholly within
375	an urban infill and redevelopment area designated on the
376	applicable adopted local comprehensive plan future land use map
377	and not located within the coastal high hazard area.
378	(c)  An extension of the date of buildout of a development,
379	or any phase thereof, by more than 7 or more years shall be
380	presumed to create a substantial deviation subject to further
381	development-of-regional-impact review. An extension of the date
382	of buildout, or any phase thereof, of more than 5 years or more
383	but less than 7 years shall be presumed not to create a
384	substantial deviation. The extension of the date of buildout of
385	an areawide development of regional impact by more than 5 years
386	but less than 10 years is presumed not to create a substantial
387	deviation. These presumptions may be rebutted by clear and
388	convincing evidence at the public hearing held by the local
389	government. An extension of 5 years or less than 5 years is not
390	a substantial deviation. For the purpose of calculating when a
391	buildout or, phase, or termination date has been exceeded, the
392	time shall be tolled during the pendency of administrative or
393	judicial proceedings relating to development permits. Any
394	extension of the buildout date of a project or a phase thereof
395	shall automatically extend the commencement date of the project,
396	the termination date of the development order, the expiration
397	date of the development of regional impact, and the phases
398	thereof if applicable by a like period of time.
399	(d)  A change in the plan of development of an approved
400	development of regional impact resulting from requirements
401	imposed by the Department of Environmental Protection or any
402	water management district created by s. 373.069 or any of their
403	successor agencies or by any appropriate federal regulatory
404	agency shall be submitted to the local government pursuant to
405	this subsection. The change shall be presumed not to create a
406	substantial deviation subject to further development-of-
407	regional-impact review. The presumption may be rebutted by clear
408	and convincing evidence at the public hearing held by the local
409	government.
410	(e)1.  Except for a development order rendered pursuant to
411	subsection (22) or subsection (25), a proposed change to a
412	development order that individually or cumulatively with any
413	previous change is less than any numerical criterion contained
414	in subparagraphs (b)1.-15. and does not exceed any other
415	criterion, or that involves an extension of the buildout date of
416	a development, or any phase thereof, of less than 5 years is not
417	subject to the public hearing requirements of subparagraph
418	(f)3., and is not subject to a determination pursuant to
419	subparagraph (f)5. Notice of the proposed change shall be made
420	to the regional planning council and the state land planning
421	agency. Such notice shall include a description of previous
422	individual changes made to the development, including changes
423	previously approved by the local government, and shall include
424	appropriate amendments to the development order.
425	2.  The following changes, individually or cumulatively
426	with any previous changes, are not substantial deviations:
427	a.  Changes in the name of the project, developer, owner,
428	or monitoring official.
429	b.  Changes to a setback that do not affect noise buffers,
430	environmental protection or mitigation areas, or archaeological
431	or historical resources.
432	c.  Changes to minimum lot sizes.
433	d.  Changes in the configuration of internal roads that do
434	not affect external access points.
435	e.  Changes to the building design or orientation that stay
436	approximately within the approved area designated for such
437	building and parking lot, and which do not affect historical
438	buildings designated as significant by the Division of
439	Historical Resources of the Department of State.
440	f.  Changes to increase the acreage in the development,
441	provided that no development is proposed on the acreage to be
442	added.
443	g.  Changes to eliminate an approved land use, provided
444	that there are no additional regional impacts.
445	h.  Changes required to conform to permits approved by any
446	federal, state, or regional permitting agency, provided that
447	these changes do not create additional regional impacts.
448	i.  Any renovation or redevelopment of development within a
449	previously approved development of regional impact which does
450	not change land use or increase density or intensity of use.
451	j.  Changes that modify boundaries described in
452	subparagraph (b)15. due to science-based refinement of such
453	areas by survey, by habitat evaluation, by other recognized
454	assessment methodology, or by an environmental assessment.
455	k.j.  Any other change which the state land planning agency
456	agrees in writing is similar in nature, impact, or character to
457	the changes enumerated in sub-subparagraphs a.-j. a.-i. and
458	which does not create the likelihood of any additional regional
459	impact.
460
461	This subsection does not require a development order amendment
462	for any change listed in sub-subparagraphs a.-k., but shall,
463	prior to implementation of those changes, require 45 days'
464	notice with the appropriate documentation to the state land
465	planning agency, the regional planning agency, and the local
466	government, and publication of a public notice that meets the
467	local government's criteria for a notice of proposed change. If
468	the state land planning agency, the regional planning agency, or
469	the local government objects within 45 days after publication of
470	the public notice, the change shall require a notice of proposed
471	change and shall be presumed not to be a substantial deviation.
472	In addition, a memorandum of the notification of the changed
473	notice shall be filed with the clerk of the circuit court along
474	with a legal description of the affected development of regional
475	impact. If a subsequent change requiring a notice of proposed
476	change is made to the development of regional impact,
477	modifications to the development of regional impact made in all
478	prior notices must be reflected as amendments to the development
479	order memorandum a.-j. unless such issue is addressed either in
480	the existing development order or in the application for
481	development approval, but, in the case of the application, only
482	if, and in the manner in which, the application is incorporated
483	in the development order.
484	3.  Except for the change authorized by sub-subparagraph
485	2.f., any addition of land not previously reviewed or any change
486	not specified in paragraph (b) or paragraph (c) shall be
487	presumed to create a substantial deviation. This presumption may
488	be rebutted by clear and convincing evidence.
489	4.  Any submittal of a proposed change to a previously
490	approved development shall include a description of individual
491	changes previously made to the development, including changes
492	previously approved by the local government. The local
493	government shall consider the previous and current proposed
494	changes in deciding whether such changes cumulatively constitute
495	a substantial deviation requiring further development-of-
496	regional-impact review.
497	5.  The following changes to an approved development of
498	regional impact shall be presumed to create a substantial
499	deviation. Such presumption may be rebutted by clear and
500	convincing evidence.
501	a.  A change proposed for 15 percent or more of the acreage
502	to a land use not previously approved in the development order.
503	Changes of less than 15 percent shall be presumed not to create
504	a substantial deviation.
505	b.  Except for the types of uses listed in subparagraph
506	(b)16., any change which would result in the development of any
507	area which was specifically set aside in the application for
508	development approval or in the development order for
509	preservation, buffers, or special protection, including habitat
510	for plant and animal species, archaeological and historical
511	sites, dunes, and other special areas.
512	b.c.  Notwithstanding any provision of paragraph (b) to the
513	contrary, a proposed change consisting of simultaneous increases
514	and decreases of at least two of the uses within an authorized
515	multiuse development of regional impact which was originally
516	approved with three or more uses specified in s. 380.0651(3)(c),
517	(d), (f), and (g) and residential use.
518	(f)1.  The state land planning agency shall establish by
519	rule standard forms for submittal of proposed changes to a
520	previously approved development of regional impact which may
521	require further development-of-regional-impact review. At a
522	minimum, the standard form shall require the developer to
523	provide the precise language that the developer proposes to
524	delete or add as an amendment to the development order.
525	2.  The developer shall submit, simultaneously, to the
526	local government, the regional planning agency, and the state
527	land planning agency the request for approval of a proposed
528	change.
529	3.  No sooner than 30 days but no later than 45 days after
530	submittal by the developer to the local government, the state
531	land planning agency, and the appropriate regional planning
532	agency, the local government shall give 15 days' notice and
533	schedule a public hearing to consider the change that the
534	developer asserts does not create a substantial deviation. This
535	public hearing shall be held within 60 90 days after submittal
536	of the proposed changes, unless that time is extended by the
537	developer.
538	4.  The appropriate regional planning agency or the state
539	land planning agency shall review the proposed change and, no
540	later than 45 days after submittal by the developer of the
541	proposed change, unless that time is extended by the developer,
542	and prior to the public hearing at which the proposed change is
543	to be considered, shall advise the local government in writing
544	whether it objects to the proposed change, shall specify the
545	reasons for its objection, if any, and shall provide a copy to
546	the developer.
547	5.  At the public hearing, the local government shall
548	determine whether the proposed change requires further
549	development-of-regional-impact review. The provisions of
550	paragraphs (a) and (e), the thresholds set forth in paragraph
551	(b), and the presumptions set forth in paragraphs (c) and (d)
552	and subparagraph (e)3. shall be applicable in determining
553	whether further development-of-regional-impact review is
554	required.
555	6.  If the local government determines that the proposed
556	change does not require further development-of-regional-impact
557	review and is otherwise approved, or if the proposed change is
558	not subject to a hearing and determination pursuant to
559	subparagraphs 3. and 5. and is otherwise approved, the local
560	government shall issue an amendment to the development order
561	incorporating the approved change and conditions of approval
562	relating to the change. The decision of the local government to
563	approve, with or without conditions, or to deny the proposed
564	change that the developer asserts does not require further
565	review shall be subject to the appeal provisions of s. 380.07.
566	However, the state land planning agency may not appeal the local
567	government decision if it did not comply with subparagraph 4.
568	The state land planning agency may not appeal a change to a
569	development order made pursuant to subparagraph (e)1. or
570	subparagraph (e)2. for developments of regional impact approved
571	after January 1, 1980, unless the change would result in a
572	significant impact to a regionally significant archaeological,
573	historical, or natural resource not previously identified in the
574	original development-of-regional-impact review.
575	(g)  If a proposed change requires further development-of-
576	regional-impact review pursuant to this section, the review
577	shall be conducted subject to the following additional
578	conditions:
579	1.  The development-of-regional-impact review conducted by
580	the appropriate regional planning agency shall address only
581	those issues raised by the proposed change except as provided in
582	subparagraph 2.
583	2.  The regional planning agency shall consider, and the
584	local government shall determine whether to approve, approve
585	with conditions, or deny the proposed change as it relates to
586	the entire development. If the local government determines that
587	the proposed change, as it relates to the entire development, is
588	unacceptable, the local government shall deny the change.
589	3.  If the local government determines that the proposed
590	change, as it relates to the entire development, should be
591	approved, any new conditions in the amendment to the development
592	order issued by the local government shall address only those
593	issues raised by the proposed change and require mitigation only
594	for the individual and cumulative impacts of the proposed
595	change.
596	4.  Development within the previously approved development
597	of regional impact may continue, as approved, during the
598	development-of-regional-impact review in those portions of the
599	development which are not directly affected by the proposed
600	change.
601	(h)  When further development-of-regional-impact review is
602	required because a substantial deviation has been determined or
603	admitted by the developer, the amendment to the development
604	order issued by the local government shall be consistent with
605	the requirements of subsection (15) and shall be subject to the
606	hearing and appeal provisions of s. 380.07. The state land
607	planning agency or the appropriate regional planning agency need
608	not participate at the local hearing in order to appeal a local
609	government development order issued pursuant to this paragraph.
610	(24)  STATUTORY EXEMPTIONS.--
611	(a)  Any proposed hospital which has a designed capacity of
612	not more than 100 beds is exempt from the provisions of this
613	section.
614	(b)  Any proposed electrical transmission line or
615	electrical power plant is exempt from the provisions of this
616	section, except any steam or solar electrical generating
617	facility of less than 50 megawatts in capacity attached to a
618	development of regional impact.
619	(c)  Any proposed addition to an existing sports facility
620	complex is exempt from the provisions of this section if the
621	addition meets the following characteristics:
622	1.  It would not operate concurrently with the scheduled
623	hours of operation of the existing facility.
624	2.  Its seating capacity would be no more than 75 percent
625	of the capacity of the existing facility.
626	3.  The sports facility complex property is owned by a
627	public body prior to July 1, 1983.
628
629	This exemption does not apply to any pari-mutuel facility.
630	(d)  Any proposed addition or cumulative additions
631	subsequent to July 1, 1988, to an existing sports facility
632	complex owned by a state university is exempt if the increased
633	seating capacity of the complex is no more than 30 percent of
634	the capacity of the existing facility.
635	(e)  Any addition of permanent seats or parking spaces for
636	an existing sports facility located on property owned by a
637	public body prior to July 1, 1973, is exempt from the provisions
638	of this section if future additions do not expand existing
639	permanent seating or parking capacity more than 15 percent
640	annually in excess of the prior year's capacity.
641	(f)  Any increase in the seating capacity of an existing
642	sports facility having a permanent seating capacity of at least
643	50,000 spectators is exempt from the provisions of this section,
644	provided that such an increase does not increase permanent
645	seating capacity by more than 5 percent per year and not to
646	exceed a total of 10 percent in any 5-year period, and provided
647	that the sports facility notifies the appropriate local
648	government within which the facility is located of the increase
649	at least 6 months prior to the initial use of the increased
650	seating, in order to permit the appropriate local government to
651	develop a traffic management plan for the traffic generated by
652	the increase. Any traffic management plan shall be consistent
653	with the local comprehensive plan, the regional policy plan, and
654	the state comprehensive plan.
655	(g)  Any expansion in the permanent seating capacity or
656	additional improved parking facilities of an existing sports
657	facility is exempt from the provisions of this section, if the
658	following conditions exist:
659	1.a.  The sports facility had a permanent seating capacity
660	on January 1, 1991, of at least 41,000 spectator seats;
661	b.  The sum of such expansions in permanent seating
662	capacity does not exceed a total of 10 percent in any 5-year
663	period and does not exceed a cumulative total of 20 percent for
664	any such expansions; or
665	c.  The increase in additional improved parking facilities
666	is a one-time addition and does not exceed 3,500 parking spaces
667	serving the sports facility; and
668	2.  The local government having jurisdiction of the sports
669	facility includes in the development order or development permit
670	approving such expansion under this paragraph a finding of fact
671	that the proposed expansion is consistent with the
672	transportation, water, sewer and stormwater drainage provisions
673	of the approved local comprehensive plan and local land
674	development regulations relating to those provisions.
675
676	Any owner or developer who intends to rely on this statutory
677	exemption shall provide to the department a copy of the local
678	government application for a development permit. Within 45 days
679	of receipt of the application, the department shall render to
680	the local government an advisory and nonbinding opinion, in
681	writing, stating whether, in the department's opinion, the
682	prescribed conditions exist for an exemption under this
683	paragraph. The local government shall render the development
684	order approving each such expansion to the department. The
685	owner, developer, or department may appeal the local government
686	development order pursuant to s. 380.07, within 45 days after
687	the order is rendered. The scope of review shall be limited to
688	the determination of whether the conditions prescribed in this
689	paragraph exist. If any sports facility expansion undergoes
690	development of regional impact review, all previous expansions
691	which were exempt under this paragraph shall be included in the
692	development of regional impact review.
693	(h)  Expansion to port harbors, spoil disposal sites,
694	navigation channels, turning basins, harbor berths, and other
695	related inwater harbor facilities of ports listed in s.
696	403.021(9)(b), port transportation facilities and projects
697	listed in s. 311.07(3)(b), and intermodal transportation
698	facilities identified pursuant to s. 311.09(3) are exempt from
699	the provisions of this section when such expansions, projects,
700	or facilities are consistent with comprehensive master plans
701	that are in compliance with the provisions of s. 163.3178.
702	(i)  Any proposed facility for the storage of any petroleum
703	product or any expansion of an existing facility is exempt from
704	the provisions of this section, if the facility is consistent
705	with a local comprehensive plan that is in compliance with s.
706	163.3177 or is consistent with a comprehensive port master plan
707	that is in compliance with s. 163.3178.
708	(j)  Any renovation or redevelopment within the same land
709	parcel which does not change land use or increase density or
710	intensity of use.
711	(k)1.  Any waterport or marina development is exempt from
712	the provisions of this section if the relevant county or
713	municipality has adopted a boating facility siting plan or
714	policy, which includes applicable criteria, considering such
715	factors as natural resources, manatee protection needs, and
716	recreation and economic demands as generally outlined in the
717	Bureau of Protected Species Management Boat Facility Siting
718	Guide, dated August 2000, into the coastal management or land
719	use element of its comprehensive plan. The adoption of boating
720	facility siting plans or policies into the comprehensive plan is
721	exempt from the provisions of s. 163.3187(1). Any waterport or
722	marina development within the municipalities or counties with
723	boating facility siting plans or policies that meet the above
724	criteria, adopted prior to April 1, 2002, are exempt from the
725	provisions of this section, when their boating facility siting
726	plan or policy is adopted as part of the relevant local
727	government's comprehensive plan.
728	2.  Within 6 months of the effective date of this law, The
729	Department of Community Affairs, in conjunction with the
730	Department of Environmental Protection and the Florida Fish and
731	Wildlife Conservation Commission, shall provide technical
732	assistance and guidelines, including model plans, policies and
733	criteria to local governments for the development of their
734	siting plans.
735	(l)  Any proposed development within an urban service
736	boundary established under s. 163.3177(14) is exempt from the
737	provisions of this section if the local government having
738	jurisdiction over the area where the development is proposed has
739	adopted the urban service boundary, and has entered into a
740	binding agreement with adjacent jurisdictions that would be
741	impacted and with the Department of Transportation regarding the
742	mitigation of impacts on state and regional transportation
743	facilities, and has adopted a proportionate share methodology
744	pursuant to s. 163.3180(16).
745	(m)  Any proposed development within a rural land
746	stewardship area created under s. 163.3177(11)(d) is exempt from
747	the provisions of this section if the local government that has
748	adopted the rural land stewardship area has entered into a
749	binding agreement with jurisdictions that would be impacted and
750	the Department of Transportation regarding the mitigation of
751	impacts on state and regional transportation facilities, and has
752	adopted a proportionate share methodology pursuant to s.
753	163.3180(16).
754	(n)  Any proposed development or redevelopment within an
755	area designated as an urban infill and redevelopment area under
756	s. 163.2517 is exempt from the provisions of this section if the
757	local government has entered into a binding agreement with
758	jurisdictions that would be impacted and the Department of
759	Transportation regarding the mitigation of impacts on state and
760	regional transportation facilities, and has adopted a
761	proportionate share methodology pursuant to s. 163.3180(16).
762	(o)  The establishment, relocation, or expansion of any
763	military installation as defined in s. 163.3175, is exempt from
764	this section.
765	(p)  Any self-storage warehousing that does not allow
766	retail or other services is exempt from this section.
767	(q)  Any proposed nursing home or assisted living facility
768	is exempt from this section.
769	(r)  Any development identified in an airport master plan
770	and adopted into the comprehensive plan pursuant to s.
771	163.3177(6)(k) is exempt from this section.
772	(s)  Any development identified in a campus master plan and
773	adopted pursuant to s. 1013.30 is exempt from this section.
774	(t)  Any development in a specific area plan which is
775	prepared pursuant to s. 163.3245 and adopted into the
776	comprehensive plan is exempt from this section.
777
778	If a use is exempt from review as a development of regional
779	impact under paragraphs (a)-(t) but will be part of a larger
780	project that is subject to review as a development of regional
781	impact, the impact of the exempt use must be included in the
782	review of the larger project.
783	(28)  PARTIAL STATUTORY EXEMPTIONS.--
784	(a)  If the binding agreement referenced under paragraph
785	(24)(l) for urban service boundaries is not entered into within
786	12 months after establishment of the urban service boundary, the
787	development-of-regional-impact review for projects within the
788	urban service boundary must address transportation impacts only.
789	(b)  If the binding agreement referenced under paragraph
790	(24)(n) for designated urban infill and redevelopment areas is
791	not entered into within 12 months after the designation of the
792	area or July 1, 2007, whichever occurs later, the development-
793	of-regional-impact review for projects within the urban infill
794	and redevelopment area must address transportation impacts only.
795	(c)  A local government that does not wish to enter into a
796	binding agreement or that is unable to agree on the terms of the
797	agreement referenced under paragraph (24)(l) or paragraph
798	(24)(n) shall provide written notification to the state land
799	planning agency of the failure to enter into a binding agreement
800	within the 12-month period referenced in paragraphs (a) and (b).
801	Following the notification of the state land planning agency,
802	the development-of-regional-impact review for projects within
803	the urban service boundary under paragraph (24)(l) or for an
804	urban infill and redevelopment area under paragraph (24)(n) must
805	address transportation impacts only.
806	Section 2.  Paragraphs (d) and (e) of subsection (3) of
807	section 380.0651, Florida Statutes, are amended, paragraph (k)
808	of subsection (3) is redesignated as paragraph (l), and a new
809	paragraph (k) is added to that subsection, to read:
810	380.0651  Statewide guidelines and standards.--
811	(3)  The following statewide guidelines and standards shall
812	be applied in the manner described in s. 380.06(2) to determine
813	whether the following developments shall be required to undergo
814	development-of-regional-impact review:
815	(d)  Office development.--Any proposed office building or
816	park operated under common ownership, development plan, or
817	management that:
818	1.  Encompasses 300,000 or more square feet of gross floor
819	area; or
820	2.  Encompasses more than 600,000 square feet of gross
821	floor area in a county with a population greater than 500,000
822	and only in a geographic area specifically designated as highly
823	suitable for increased threshold intensity in the approved local
824	comprehensive plan and in the strategic regional policy plan.
825	(e)  Marinas and port facilities.--The proposed
826	construction of any waterport or marina is required to undergo
827	development-of-regional-impact review if it is, except one
828	designed for:
829	1.a.  The wet storage or mooring of more fewer than 150
830	watercraft used exclusively for sport, pleasure, or commercial
831	fishing;, or
832	b.  The dry storage of fewer than 200 watercraft used
833	exclusively for sport, pleasure, or commercial fishing, or
834	b.c.  The wet or dry storage or mooring of more fewer than
835	150 watercraft on or adjacent to an inland freshwater lake
836	except Lake Okeechobee or any lake that which has been
837	designated an Outstanding Florida Water., or
838	d.  The wet or dry storage or mooring of fewer than 50
839	watercraft of 40 feet in length or less of any type or purpose.
840
841	The numeric thresholds contained in this subparagraph shall be
842	doubled for proposed marina developers who enter into a binding
843	commitment with the local government to set aside at least 15
844	percent of the wet storage or moorings for public use or rental.
845	2.  The subthreshold exceptions to this paragraph's
846	requirements for development-of-regional-impact review do shall
847	not apply to any waterport or marina facility located within or
848	which serves physical development located within a coastal
849	barrier resource unit on an unbridged barrier island designated
850	pursuant to 16 U.S.C. s. 3501.
851
852	In addition to the foregoing, for projects for which no
853	environmental resource permit or sovereign submerged land lease
854	is required, the Department of Environmental Protection must
855	determine in writing that a proposed marina in excess of 75 10
856	slips or storage spaces or a combination of the two is located
857	so that it will not adversely impact Outstanding Florida Waters
858	or Class II waters and will not contribute boat traffic in a
859	manner that will have an adverse impact on an area known to be,
860	or likely to be, frequented by manatees. If the Department of
861	Environmental Protection fails to issue its determination within
862	45 days after of receipt of a formal written request, it has
863	waived its authority to make such determination. The Department
864	of Environmental Protection determination shall constitute final
865	agency action pursuant to chapter 120.
866	2.  The dry storage of fewer than 300 watercraft used
867	exclusively for sport, pleasure, or commercial fishing at a
868	marina constructed and in operation prior to July 1, 1985.
869	3.  Any proposed marina development with both wet and dry
870	mooring or storage used exclusively for sport, pleasure, or
871	commercial fishing, where the sum of percentages of the
872	applicable wet and dry mooring or storage thresholds equals 100
873	percent. This threshold is in addition to, and does not
874	preclude, a development from being required to undergo
875	development-of-regional-impact review under sub-subparagraphs
876	1.a. and b. and subparagraph 2.
877	(k)  Workforce housing.--The applicable guidelines for
878	residential development and the residential component for
879	multiuse development shall be increased by 20 percent where the
880	developer demonstrates that at least 15 percent of the
881	residential dwelling units will be dedicated to workforce
882	housing. For purposes of this subparagraph, the term "workforce
883	housing" means housing that is affordable to a person who earns
884	less than 120 percent of the area median income.
885	(l)(k)  Schools.--
886	1.  The proposed construction of any public, private, or
887	proprietary postsecondary educational campus which provides for
888	a design population of more than 5,000 full-time equivalent
889	students, or the proposed physical expansion of any public,
890	private, or proprietary postsecondary educational campus having
891	such a design population that would increase the population by
892	at least 20 percent of the design population.
893	2.  As used in this paragraph, "full-time equivalent
894	student" means enrollment for 15 or more quarter hours during a
895	single academic semester. In career centers or other
896	institutions which do not employ semester hours or quarter hours
897	in accounting for student participation, enrollment for 18
898	contact hours shall be considered equivalent to one quarter
899	hour, and enrollment for 27 contact hours shall be considered
900	equivalent to one semester hour.
901	3.  This paragraph does not apply to institutions which are
902	the subject of a campus master plan adopted by the university
903	board of trustees pursuant to s. 1013.30.
904	Section 3.  Section 380.07, Florida Statutes, is amended to
905	read:
906	380.07  Florida Land and Water Adjudicatory Commission.--
907	(1)  There is hereby created the Florida Land and Water
908	Adjudicatory Commission, which shall consist of the
909	Administration Commission. The commission may adopt rules
910	necessary to ensure compliance with the area of critical state
911	concern program and the requirements for developments of
912	regional impact as set forth in this chapter.
913	(2)  Whenever any local government issues any development
914	order in any area of critical state concern, or in regard to any
915	development of regional impact, copies of such orders as
916	prescribed by rule by the state land planning agency shall be
917	transmitted to the state land planning agency, the regional
918	planning agency, and the owner or developer of the property
919	affected by such order. The state land planning agency shall
920	adopt rules describing development order rendition and
921	effectiveness in designated areas of critical state concern.
922	Within 45 days after the order is rendered, the owner, the
923	developer, or the state land planning agency may appeal the
924	order to the Florida Land and Water Adjudicatory Commission by
925	filing a petition alleging that the development order is not
926	consistent with the provisions of this part notice of appeal
927	with the commission. The appropriate regional planning agency by
928	vote at a regularly scheduled meeting may recommend that the
929	state land planning agency undertake an appeal of a development-
930	of-regional-impact development order. Upon the request of an
931	appropriate regional planning council, affected local
932	government, or any citizen, the state land planning agency shall
933	consider whether to appeal the order and shall respond to the
934	request within the 45-day appeal period. Any appeal taken by a
935	regional planning agency between March 1, 1993, and the
936	effective date of this section may only be continued if the
937	state land planning agency has also filed an appeal. Any appeal
938	initiated by a regional planning agency on or before March 1,
939	1993, shall continue until completion of the appeal process and
940	any subsequent appellate review, as if the regional planning
941	agency were authorized to initiate the appeal.
942	(3)  Notwithstanding any other provision of law, an appeal
943	of a development order by the state land planning agency under
944	this section may include consistency of the development order
945	with the local comprehensive plan. However, if a development
946	order relating to a development of regional impact has been
947	challenged in a proceeding under s. 163.3215 and a party to the
948	proceeding serves notice to the state land planning agency of
949	the pending proceeding under s. 163.3215, the state land
950	planning agency shall:
951	(a)  Raise its consistency issues by intervening as a full
952	party in the pending proceeding under s. 163.3215 within 30 days
953	after service of the notice; and
954	(b)  Dismiss the consistency issues from the development
955	order appeal.
956	(4)  The appellant shall furnish a copy of the petition to
957	the opposing party, as the case may be, and to the local
958	government that issued the order. The filing of the petition
959	stays the effectiveness of the order until after the completion
960	of the appeal process.
961	(5)(3)  The 45-day appeal period for a development of
962	regional impact within the jurisdiction of more than one local
963	government shall not commence until after all the local
964	governments having jurisdiction over the proposed development of
965	regional impact have rendered their development orders. The
966	appellant shall furnish a copy of the notice of appeal to the
967	opposing party, as the case may be, and to the local government
968	which issued the order. The filing of the notice of appeal shall
969	stay the effectiveness of the order until after the completion
970	of the appeal process.
971	(6)(4)  Prior to issuing an order, the Florida Land and
972	Water Adjudicatory Commission shall hold a hearing pursuant to
973	the provisions of chapter 120. The commission shall encourage
974	the submission of appeals on the record made below in cases in
975	which the development order was issued after a full and complete
976	hearing before the local government or an agency thereof.
977	(7)(5)  The Florida Land and Water Adjudicatory Commission
978	shall issue a decision granting or denying permission to develop
979	pursuant to the standards of this chapter and may attach
980	conditions and restrictions to its decisions.
981	(6)  If an appeal is filed with respect to any issues
982	within the scope of a permitting program authorized by chapter
983	161, chapter 373, or chapter 403 and for which a permit or
984	conceptual review approval has been obtained prior to the
985	issuance of a development order, any such issue shall be
986	specifically identified in the notice of appeal which is filed
987	pursuant to this section, together with other issues which
988	constitute grounds for the appeal. The appeal may proceed with
989	respect to issues within the scope of permitting programs for
990	which a permit or conceptual review approval has been obtained
991	prior to the issuance of a development order only after the
992	commission determines by majority vote at a regularly scheduled
993	commission meeting that statewide or regional interests may be
994	adversely affected by the development. In making this
995	determination, there shall be a rebuttable presumption that
996	statewide and regional interests relating to issues within the
997	scope of the permitting programs for which a permit or
998	conceptual approval has been obtained are not adversely
999	affected.
1000	Section 4.  Section 380.115, Florida Statutes, is amended
1001	to read:
1002	380.115  Vested rights and duties; effect of size
1003	reduction, changes in guidelines and standards chs. 2002-20 and
1004	2002-296.--
1005	(1)  A change in a development-of-regional-impact guideline
1006	and standard does not abridge Nothing contained in this act
1007	abridges or modify modifies any vested or other right or any
1008	duty or obligation pursuant to any development order or
1009	agreement that is applicable to a development of regional impact
1010	on the effective date of this act. A development that has
1011	received a development-of-regional-impact development order
1012	pursuant to s. 380.06, but is no longer required to undergo
1013	development-of-regional-impact review by operation of a change
1014	in the guidelines and standards or has reduced its size below
1015	the thresholds in s. 380.0651 of this act, shall be governed by
1016	the following procedures:
1017	(a)  The development shall continue to be governed by the
1018	development-of-regional-impact development order and may be
1019	completed in reliance upon and pursuant to the development order
1020	unless the developer or landowner has followed the procedures
1021	for rescission in paragraph (b). The development-of-regional-
1022	impact development order may be enforced by the local government
1023	as provided by ss. 380.06(17) and 380.11.
1024	(b)  If requested by the developer or landowner, the
1025	development-of-regional-impact development order shall may be
1026	rescinded by the local government having jurisdiction upon a
1027	showing that all required mitigation related to the amount of
1028	development that existed on the date of rescission has been
1029	completed abandoned pursuant to the process in s. 380.06(26).
1030	(2)  A development with an application for development
1031	approval pending, and determined sufficient pursuant to s.
1032	380.06 s. 380.06(10), on the effective date of a change to the
1033	guidelines and standards this act, or a notification of proposed
1034	change pending on the effective date of a change to the
1035	guidelines and standards this act, may elect to continue such
1036	review pursuant to s. 380.06. At the conclusion of the pending
1037	review, including any appeals pursuant to s. 380.07, the
1038	resulting development order shall be governed by the provisions
1039	of subsection (1).
1040	(3)  A landowner that has filed an application for a
1041	development-of-regional-impact review prior to the adoption of
1042	an optional sector plan pursuant to s. 163.3245 may elect to
1043	have the application reviewed pursuant to s. 380.06,
1044	comprehensive plan provisions in force prior to adoption of the
1045	sector plan, and any requested comprehensive plan amendments
1046	that accompany the application.
1047	Section 5.  Section 342.07, Florida Statutes, is amended to
1048	read:
1049	342.07  Recreational and commercial working waterfronts;
1050	legislative findings; definitions.--
1051	(1)  The Legislature recognizes that there is an important
1052	state interest in facilitating boating and other recreational
1053	access to the state's navigable waters. This access is vital to
1054	tourists and recreational users and the marine industry in the
1055	state, to maintaining or enhancing the $57 billion economic
1056	impact of tourism and the $14 billion economic impact of boating
1057	in the state annually, and to ensuring continued access to all
1058	residents and visitors to the navigable waters of the state. The
1059	Legislature recognizes that there is an important state interest
1060	in maintaining viable water-dependent support facilities, such
1061	as public lodging establishments and boat hauling and repairing
1062	and commercial fishing facilities, and in maintaining the
1063	availability of public access to the navigable waters of the
1064	state. The Legislature further recognizes that the waterways of
1065	the state are important for engaging in commerce and the
1066	transportation of goods and people upon such waterways and that
1067	such commerce and transportation is not feasible unless there is
1068	access to and from the navigable waters of the state through
1069	recreational and commercial working waterfronts.
1070	(2)  As used in this section, the term "recreational and
1071	commercial working waterfront" means a parcel or parcels of real
1072	property that provide access for water-dependent commercial and
1073	recreational activities, including public lodging establishments
1074	as defined in chapter 509, or provide access for the public to
1075	the navigable waters of the state. Recreational and commercial
1076	working waterfronts require direct access to or a location on,
1077	over, or adjacent to a navigable body of water. The term
1078	includes water-dependent facilities that are open to the public
1079	and offer public access by vessels to the waters of the state or
1080	that are support facilities for recreational, commercial,
1081	research, or governmental vessels. These facilities include
1082	docks, wharfs, lifts, wet and dry marinas, boat ramps, boat
1083	hauling and repair facilities, commercial fishing facilities,
1084	boat construction facilities, and other support structures over
1085	the water. As used in this section, the term "vessel" has the
1086	same meaning as in s. 327.02(37). Seaports are excluded from the
1087	definition.
1088	Section 6.  This act shall take effect July 1, 2006.

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