Florida Senate - 2009                              CS for SB 856
       
       
       
       By the Committee on Transportation; and Senator Bennett
       
       
       
       
       596-04982-09                                           2009856c1
    1                        A bill to be entitled                      
    2         An act relating to developments of regional impact;
    3         amending s. 163.3178, F.S.; including certain port
    4         related industrial or commercial project facilities
    5         within the list of facilities that are not
    6         developments of regional impact under certain
    7         circumstances; amending s. 380.06, F.S.; providing
    8         that certain exempt uses that are part of a larger
    9         project that is subject to development-of-regional
   10         impact review are exempt from such review under
   11         certain circumstances; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) of section 163.3178, Florida
   16  Statutes, is amended to read:
   17         163.3178 Coastal management.—
   18         (3) Expansions to port harbors, spoil disposal sites,
   19  navigation channels, turning basins, harbor berths, and other
   20  related inwater harbor facilities of ports listed in s.
   21  403.021(9); port transportation facilities and projects listed
   22  in s. 311.07(3)(b); and intermodal transportation facilities
   23  identified pursuant to s. 311.09(3); and facilities determined
   24  by the Department of Community Affairs and the applicable
   25  general-purpose government to be port-related industrial or
   26  commercial projects that are located within or within 3 miles of
   27  a port master plan area and that rely upon the use of port and
   28  intermodal transportation facilities shall not be developments
   29  of regional impact where such expansions, projects, or
   30  facilities are consistent with comprehensive master plans that
   31  are in compliance with this section.
   32         Section 2. Subsection (24) of section 380.06, Florida
   33  Statutes, is amended to read:
   34         380.06 Developments of regional impact.—
   35         (24) STATUTORY EXEMPTIONS.—
   36         (a) Any proposed hospital is exempt from the provisions of
   37  this section.
   38         (b) Any proposed electrical transmission line or electrical
   39  power plant is exempt from the provisions of this section.
   40         (c) Any proposed addition to an existing sports facility
   41  complex is exempt from the provisions of this section if the
   42  addition meets the following characteristics:
   43         1. It would not operate concurrently with the scheduled
   44  hours of operation of the existing facility.
   45         2. Its seating capacity would be no more than 75 percent of
   46  the capacity of the existing facility.
   47         3. The sports facility complex property is owned by a
   48  public body prior to July 1, 1983.
   49  
   50  This exemption does not apply to any pari-mutuel facility.
   51         (d) Any proposed addition or cumulative additions
   52  subsequent to July 1, 1988, to an existing sports facility
   53  complex owned by a state university is exempt if the increased
   54  seating capacity of the complex is no more than 30 percent of
   55  the capacity of the existing facility.
   56         (e) Any addition of permanent seats or parking spaces for
   57  an existing sports facility located on property owned by a
   58  public body prior to July 1, 1973, is exempt from the provisions
   59  of this section if future additions do not expand existing
   60  permanent seating or parking capacity more than 15 percent
   61  annually in excess of the prior year’s capacity.
   62         (f) Any increase in the seating capacity of an existing
   63  sports facility having a permanent seating capacity of at least
   64  50,000 spectators is exempt from the provisions of this section,
   65  provided that such an increase does not increase permanent
   66  seating capacity by more than 5 percent per year and not to
   67  exceed a total of 10 percent in any 5-year period, and provided
   68  that the sports facility notifies the appropriate local
   69  government within which the facility is located of the increase
   70  at least 6 months prior to the initial use of the increased
   71  seating, in order to permit the appropriate local government to
   72  develop a traffic management plan for the traffic generated by
   73  the increase. Any traffic management plan shall be consistent
   74  with the local comprehensive plan, the regional policy plan, and
   75  the state comprehensive plan.
   76         (g) Any expansion in the permanent seating capacity or
   77  additional improved parking facilities of an existing sports
   78  facility is exempt from the provisions of this section, if the
   79  following conditions exist:
   80         1.a. The sports facility had a permanent seating capacity
   81  on January 1, 1991, of at least 41,000 spectator seats;
   82         b. The sum of such expansions in permanent seating capacity
   83  does not exceed a total of 10 percent in any 5-year period and
   84  does not exceed a cumulative total of 20 percent for any such
   85  expansions; or
   86         c. The increase in additional improved parking facilities
   87  is a one-time addition and does not exceed 3,500 parking spaces
   88  serving the sports facility; and
   89         2. The local government having jurisdiction of the sports
   90  facility includes in the development order or development permit
   91  approving such expansion under this paragraph a finding of fact
   92  that the proposed expansion is consistent with the
   93  transportation, water, sewer and stormwater drainage provisions
   94  of the approved local comprehensive plan and local land
   95  development regulations relating to those provisions.
   96  
   97  Any owner or developer who intends to rely on this statutory
   98  exemption shall provide to the department a copy of the local
   99  government application for a development permit. Within 45 days
  100  of receipt of the application, the department shall render to
  101  the local government an advisory and nonbinding opinion, in
  102  writing, stating whether, in the department’s opinion, the
  103  prescribed conditions exist for an exemption under this
  104  paragraph. The local government shall render the development
  105  order approving each such expansion to the department. The
  106  owner, developer, or department may appeal the local government
  107  development order pursuant to s. 380.07, within 45 days after
  108  the order is rendered. The scope of review shall be limited to
  109  the determination of whether the conditions prescribed in this
  110  paragraph exist. If any sports facility expansion undergoes
  111  development-of-regional-impact review, all previous expansions
  112  which were exempt under this paragraph shall be included in the
  113  development-of-regional-impact review.
  114         (h) Expansion to port harbors, spoil disposal sites,
  115  navigation channels, turning basins, harbor berths, and other
  116  related inwater harbor facilities of ports listed in s.
  117  403.021(9)(b), port transportation facilities and projects
  118  listed in s. 311.07(3)(b), and intermodal transportation
  119  facilities identified pursuant to s. 311.09(3) are exempt from
  120  the provisions of this section when such expansions, projects,
  121  or facilities are consistent with comprehensive master plans
  122  that are in compliance with the provisions of s. 163.3178.
  123         (i) Any proposed facility for the storage of any petroleum
  124  product or any expansion of an existing facility is exempt from
  125  the provisions of this section.
  126         (j) Any renovation or redevelopment within the same land
  127  parcel which does not change land use or increase density or
  128  intensity of use.
  129         (k) Waterport and marina development, including dry storage
  130  facilities, are exempt from the provisions of this section.
  131         (l) Any proposed development within an urban service
  132  boundary established under s. 163.3177(14) is exempt from the
  133  provisions of this section if the local government having
  134  jurisdiction over the area where the development is proposed has
  135  adopted the urban service boundary, has entered into a binding
  136  agreement with jurisdictions that would be impacted and with the
  137  Department of Transportation regarding the mitigation of impacts
  138  on state and regional transportation facilities, and has adopted
  139  a proportionate share methodology pursuant to s. 163.3180(16).
  140         (m) Any proposed development within a rural land
  141  stewardship area created under s. 163.3177(11)(d) is exempt from
  142  the provisions of this section if the local government that has
  143  adopted the rural land stewardship area has entered into a
  144  binding agreement with jurisdictions that would be impacted and
  145  the Department of Transportation regarding the mitigation of
  146  impacts on state and regional transportation facilities, and has
  147  adopted a proportionate share methodology pursuant to s.
  148  163.3180(16).
  149         (n) Any proposed development or redevelopment within an
  150  area designated as an urban infill and redevelopment area under
  151  s. 163.2517 is exempt from this section if the local government
  152  has entered into a binding agreement with jurisdictions that
  153  would be impacted and the Department of Transportation regarding
  154  the mitigation of impacts on state and regional transportation
  155  facilities, and has adopted a proportionate share methodology
  156  pursuant to s. 163.3180(16).
  157         (o) The establishment, relocation, or expansion of any
  158  military installation as defined in s. 163.3175, is exempt from
  159  this section.
  160         (p) Any self-storage warehousing that does not allow retail
  161  or other services is exempt from this section.
  162         (q) Any proposed nursing home or assisted living facility
  163  is exempt from this section.
  164         (r) Any development identified in an airport master plan
  165  and adopted into the comprehensive plan pursuant to s.
  166  163.3177(6)(k) is exempt from this section.
  167         (s) Any development identified in a campus master plan and
  168  adopted pursuant to s. 1013.30 is exempt from this section.
  169         (t) Any development in a specific area plan which is
  170  prepared pursuant to s. 163.3245 and adopted into the
  171  comprehensive plan is exempt from this section.
  172         (u) Any development within a county with a research and
  173  education authority created by special act and that is also
  174  within a research and development park that is operated or
  175  managed by a research and development authority pursuant to part
  176  V of chapter 159 is exempt from this section.
  177  
  178  If a use is exempt from review as a development of regional
  179  impact under paragraphs (a)-(t), but will be part of a larger
  180  project that is subject to review as a development of regional
  181  impact, the impact of the exempt use must be included in the
  182  review of the larger project, unless such exempt use involves a
  183  development of regional impact in which the landowner, tenant,
  184  or user has entered into an funding agreement with the Office of
  185  Tourism, Trade, and Economic Development under the Innovation
  186  Incentive Program and the agreement contemplates a state award
  187  of at least $50 million.
  188         Section 3. This act shall take effect July 1, 2009.