Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for SB 1706

563830

CHAMBER ACTION

Senate

Floor: WD/2R

4/23/2008 5:24 PM

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House



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Senator Margolis moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Paragraph (c) of subsection (19) of section

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380.06, Florida Statutes, is amended, and paragraph (v) is added

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to subsection (24) of that section, to read:

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     380.06  Developments of regional impact.--

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     (19)  SUBSTANTIAL DEVIATIONS.--

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     (c)  An extension of the date of buildout of a development,

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or any phase thereof, by more than 7 years is presumed to create

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a substantial deviation subject to further development-of-

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regional-impact review. An extension of the date of buildout, or

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any phase thereof, of more than 5 years but not more than 7 years

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is presumed not to create a substantial deviation. The extension

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of the date of buildout of an areawide development of regional

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impact by more than 5 years but less than 10 years is presumed

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not to create a substantial deviation. These presumptions may be

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rebutted by clear and convincing evidence at the public hearing

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held by the local government. An extension of 5 years or less is

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not a substantial deviation. For the purpose of calculating when

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a buildout or phase date has been exceeded, the time shall be

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tolled during the pendency of administrative or judicial

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proceedings relating to development permits. Any extension of the

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buildout date of a project or a phase thereof shall automatically

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extend the commencement date of the project, the termination date

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of the development order, the expiration date of the development

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of regional impact, and the phases thereof if applicable by a

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like period of time. In recognition of the 2007 real estate

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market conditions, all development order phase, buildout

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commencement, and expiration dates and all related local

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government approvals for projects that are developments of

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regional impact or Florida Quality Developments and under active

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construction on July 1, 2007, or for which a development order

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was adopted between January 1, 2006, and July 1, 2007, regardless

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of whether or not active construction has commenced, are extended

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for 3 years regardless of any prior extension. The 3-year

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extension is not a substantial deviation, is not subject to

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further development-of-regional-impact review, and may not be

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considered when determining whether a subsequent extension is a

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substantial deviation under this subsection. This extension also

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applies to all associated local government approvals, including,

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but not limited to, agreements, certificates, and permits related

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to the project.

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     (24)  STATUTORY EXEMPTIONS.--

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     (v) Any development within a county having a population

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greater than 1.25 million which is proposed for at least two

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uses, one of which is for use as an office or laboratory

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appropriate for the research and development of medical

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technology, biotechnology, or life science applications, is

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exempt from this section if:

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     1. The land is located in a designated urban infill area

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or within 5 miles of a state-supported biotechnical research

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facility or if a local government having jurisdiction

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recognizes, by resolution, that the land is located in a

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compact, high intensity, and high-density multiuse area that is

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appropriate for intensive growth;

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     2. The land is located within three-fourths of 1 mile

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from one or more bus light rail transit stops; and

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     3. The development is registered with the United States

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Green Building Council and there is an intent to apply for

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certification of each building under the Leadership in Energy

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and Environmental Design rating program, or the development is

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registered by an alternate green building rating system that a

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local government having jurisdiction finds appropriate, by

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resolution.

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If a use is exempt from review as a development of regional

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impact under paragraphs (a)-(u) (a)-(t), but will be part of a

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larger project that is subject to review as a development of

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regional impact, the impact of the exempt use must be included

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in the review of the larger project.

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     Section 2.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to development of regional impact;

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amending s. 380.06, F.S.; revising criteria for extending

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application of certain deadline dates and approvals;

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exempting proposed developments involving medical

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technology, biotechnology, or life sciences which meet

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certain criteria from review as a development of regional

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impact; providing an effective date.

4/21/2008  5:40:00 PM     35-07947-08

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