CS/HB 911

1
A bill to be entitled
2An act relating to developments of regional impact;
3amending s. 380.06, F.S.; revising criteria for extending
4application of certain deadline dates and approvals for
5developments of regional impact; providing an additional
6statutory exemption for certain developments in certain
7counties; providing requirements and limitations;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (c) of subsection (19) and subsection
13(24) of section 380.06, Florida Statutes, are amended to read:
14     380.06  Developments of regional impact.--
15     (19)  SUBSTANTIAL DEVIATIONS.--
16     (c)  An extension of the date of buildout of a development,
17or any phase thereof, by more than 7 years is presumed to create
18a substantial deviation subject to further development-of-
19regional-impact review. An extension of the date of buildout, or
20any phase thereof, of more than 5 years but not more than 7
21years is presumed not to create a substantial deviation. The
22extension of the date of buildout of an areawide development of
23regional impact by more than 5 years but less than 10 years is
24presumed not to create a substantial deviation. These
25presumptions may be rebutted by clear and convincing evidence at
26the public hearing held by the local government. An extension of
275 years or less is not a substantial deviation. For the purpose
28of calculating when a buildout or phase date has been exceeded,
29the time shall be tolled during the pendency of administrative
30or judicial proceedings relating to development permits. Any
31extension of the buildout date of a project or a phase thereof
32shall automatically extend the commencement date of the project,
33the termination date of the development order, the expiration
34date of the development of regional impact, and the phases
35thereof if applicable by a like period of time. In recognition
36of the 2007 real estate market conditions, all development order
37phase, buildout, commencement, and expiration dates and all
38related local government approvals for projects that are
39developments of regional impact or Florida Quality Developments
40and under active construction on July 1, 2007, or for which a
41development order was adopted between January 1, 2006, and July
421, 2007, regardless of whether or not active construction has
43commenced, are extended for 3 years regardless of any prior
44extension. The 3-year extension is not a substantial deviation,
45is not subject to further development-of-regional-impact review,
46and may not be considered when determining whether a subsequent
47extension is a substantial deviation under this subsection. This
48extension also applies to all associated local government
49approvals, including, but not limited to, agreements,
50certificates, and permits related to the project.
51     (24)  STATUTORY EXEMPTIONS.--
52     (a)  Any proposed hospital is exempt from the provisions of
53this section.
54     (b)  Any proposed electrical transmission line or
55electrical power plant is exempt from the provisions of this
56section.
57     (c)  Any proposed addition to an existing sports facility
58complex is exempt from the provisions of this section if the
59addition meets the following characteristics:
60     1.  It would not operate concurrently with the scheduled
61hours of operation of the existing facility.
62     2.  Its seating capacity would be no more than 75 percent
63of the capacity of the existing facility.
64     3.  The sports facility complex property is owned by a
65public body prior to July 1, 1983.
66
67This exemption does not apply to any pari-mutuel facility.
68     (d)  Any proposed addition or cumulative additions
69subsequent to July 1, 1988, to an existing sports facility
70complex owned by a state university is exempt if the increased
71seating capacity of the complex is no more than 30 percent of
72the capacity of the existing facility.
73     (e)  Any addition of permanent seats or parking spaces for
74an existing sports facility located on property owned by a
75public body prior to July 1, 1973, is exempt from the provisions
76of this section if future additions do not expand existing
77permanent seating or parking capacity more than 15 percent
78annually in excess of the prior year's capacity.
79     (f)  Any increase in the seating capacity of an existing
80sports facility having a permanent seating capacity of at least
8150,000 spectators is exempt from the provisions of this section,
82provided that such an increase does not increase permanent
83seating capacity by more than 5 percent per year and not to
84exceed a total of 10 percent in any 5-year period, and provided
85that the sports facility notifies the appropriate local
86government within which the facility is located of the increase
87at least 6 months prior to the initial use of the increased
88seating, in order to permit the appropriate local government to
89develop a traffic management plan for the traffic generated by
90the increase. Any traffic management plan shall be consistent
91with the local comprehensive plan, the regional policy plan, and
92the state comprehensive plan.
93     (g)  Any expansion in the permanent seating capacity or
94additional improved parking facilities of an existing sports
95facility is exempt from the provisions of this section, if the
96following conditions exist:
97     1.a.  The sports facility had a permanent seating capacity
98on January 1, 1991, of at least 41,000 spectator seats;
99     b.  The sum of such expansions in permanent seating
100capacity does not exceed a total of 10 percent in any 5-year
101period and does not exceed a cumulative total of 20 percent for
102any such expansions; or
103     c.  The increase in additional improved parking facilities
104is a one-time addition and does not exceed 3,500 parking spaces
105serving the sports facility; and
106     2.  The local government having jurisdiction of the sports
107facility includes in the development order or development permit
108approving such expansion under this paragraph a finding of fact
109that the proposed expansion is consistent with the
110transportation, water, sewer and stormwater drainage provisions
111of the approved local comprehensive plan and local land
112development regulations relating to those provisions.
113
114Any owner or developer who intends to rely on this statutory
115exemption shall provide to the department a copy of the local
116government application for a development permit. Within 45 days
117of receipt of the application, the department shall render to
118the local government an advisory and nonbinding opinion, in
119writing, stating whether, in the department's opinion, the
120prescribed conditions exist for an exemption under this
121paragraph. The local government shall render the development
122order approving each such expansion to the department. The
123owner, developer, or department may appeal the local government
124development order pursuant to s. 380.07, within 45 days after
125the order is rendered. The scope of review shall be limited to
126the determination of whether the conditions prescribed in this
127paragraph exist. If any sports facility expansion undergoes
128development-of-regional-impact review, all previous expansions
129which were exempt under this paragraph shall be included in the
130development-of-regional-impact review.
131     (h)  Expansion to port harbors, spoil disposal sites,
132navigation channels, turning basins, harbor berths, and other
133related inwater harbor facilities of ports listed in s.
134403.021(9)(b), port transportation facilities and projects
135listed in s. 311.07(3)(b), and intermodal transportation
136facilities identified pursuant to s. 311.09(3) are exempt from
137the provisions of this section when such expansions, projects,
138or facilities are consistent with comprehensive master plans
139that are in compliance with the provisions of s. 163.3178.
140     (i)  Any proposed facility for the storage of any petroleum
141product or any expansion of an existing facility is exempt from
142the provisions of this section.
143     (j)  Any renovation or redevelopment within the same land
144parcel which does not change land use or increase density or
145intensity of use.
146     (k)  Waterport and marina development, including dry
147storage facilities, are exempt from the provisions of this
148section.
149     (l)  Any proposed development within an urban service
150boundary established under s. 163.3177(14) is exempt from the
151provisions of this section if the local government having
152jurisdiction over the area where the development is proposed has
153adopted the urban service boundary, has entered into a binding
154agreement with jurisdictions that would be impacted and with the
155Department of Transportation regarding the mitigation of impacts
156on state and regional transportation facilities, and has adopted
157a proportionate share methodology pursuant to s. 163.3180(16).
158     (m)  Any proposed development within a rural land
159stewardship area created under s. 163.3177(11)(d) is exempt from
160the provisions of this section if the local government that has
161adopted the rural land stewardship area has entered into a
162binding agreement with jurisdictions that would be impacted and
163the Department of Transportation regarding the mitigation of
164impacts on state and regional transportation facilities, and has
165adopted a proportionate share methodology pursuant to s.
166163.3180(16).
167     (n)  Any proposed development or redevelopment within an
168area designated as an urban infill and redevelopment area under
169s. 163.2517 is exempt from this section if the local government
170has entered into a binding agreement with jurisdictions that
171would be impacted and the Department of Transportation regarding
172the mitigation of impacts on state and regional transportation
173facilities, and has adopted a proportionate share methodology
174pursuant to s. 163.3180(16).
175     (o)  The establishment, relocation, or expansion of any
176military installation as defined in s. 163.3175, is exempt from
177this section.
178     (p)  Any self-storage warehousing that does not allow
179retail or other services is exempt from this section.
180     (q)  Any proposed nursing home or assisted living facility
181is exempt from this section.
182     (r)  Any development identified in an airport master plan
183and adopted into the comprehensive plan pursuant to s.
184163.3177(6)(k) is exempt from this section.
185     (s)  Any development identified in a campus master plan and
186adopted pursuant to s. 1013.30 is exempt from this section.
187     (t)  Any development in a specific area plan which is
188prepared pursuant to s. 163.3245 and adopted into the
189comprehensive plan is exempt from this section.
190     (u)  Any development within a county having a population
191greater than 1.25 million which is proposed for at least two
192uses, one of which is for use as an office or laboratory
193appropriate for the research and development of medical
194technology, biotechnology, or life science applications, is
195exempt from this section if:
196     1.  The land is located in a designated urban infill area
197or within 5 miles of a state-supported biotechnical research
198facility or if a local government having jurisdiction
199recognizes, by resolution, that the land is located in a
200compact, high-intensity, and high-density multiuse area that is
201appropriate for intensive growth.
202     2.  The land is located within three-fourths of 1 mile from
203one or more bus or light rail transit stops.
204     3.  The development is registered with the United States
205Green Building Council and there is an intent to apply for
206certification of each building under the Leadership in Energy
207and Environmental Design rating program, or the development is
208registered by an alternate green building rating system that a
209local government having jurisdiction finds appropriate, by
210resolution.
211     (v)(u)  Any development within a county with a research and
212education authority created by special act and that is also
213within a research and development park that is operated or
214managed by a research and development authority pursuant to part
215V of chapter 159 is exempt from this section.
216
217If a use is exempt from review as a development of regional
218impact under paragraphs (a)-(u) (a)-(t), but will be part of a
219larger project that is subject to review as a development of
220regional impact, the impact of the exempt use must be included
221in the review of the larger project.
222     Section 2.  This act shall take effect July 1, 2008.


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