| 1 | Representative Workman offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line 1789 and insert: |
| 5 | 380.0651(3)(h)(j), housing for low-income, very low-income, and |
| 6 |
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| 7 | Remove lines 7528-7533 and insert: |
| 8 | Section 52. Paragraph (d) of subsection (2), paragraph (b) |
| 9 | of subsection (6), paragraphs (c) and (e) of subsection (19), |
| 10 | subsection (24), paragraph (e) of subsection (28), and |
| 11 | paragraphs (a), (d), and (e) of subsection (29) of section |
| 12 | 380.06, Florida Statutes, are amended, and subsection (30) is |
| 13 | added to that section, to read: |
| 14 | 380.06 Developments of regional impact.- |
| 15 | (2) STATEWIDE GUIDELINES AND STANDARDS.- |
| 16 | (d) The guidelines and standards shall be applied as |
| 17 | follows: |
| 18 | 1. Fixed thresholds.- |
| 19 | a. A development that is below 100 percent of all |
| 20 | numerical thresholds in the guidelines and standards shall not |
| 21 | be required to undergo development-of-regional-impact review. |
| 22 | b. A development that is at or above 120 percent of any |
| 23 | numerical threshold shall be required to undergo development-of- |
| 24 | regional-impact review. |
| 25 | c. Projects certified under s. 403.973 which create at |
| 26 | least 100 jobs and meet the criteria of the Office of Tourism, |
| 27 | Trade, and Economic Development as to their impact on an area's |
| 28 | economy, employment, and prevailing wage and skill levels that |
| 29 | are at or below 100 percent of the numerical thresholds for |
| 30 | industrial plants, industrial parks, distribution, warehousing |
| 31 | or wholesaling facilities, office development or multiuse |
| 32 | projects other than residential, as described in s. |
| 33 | 380.0651(3)(c), (d), and (f)(h), are not required to undergo |
| 34 | development-of-regional-impact review. |
| 35 | 2. Rebuttable presumption.-It shall be presumed that a |
| 36 | development that is at 100 percent or between 100 and 120 |
| 37 | percent of a numerical threshold shall be required to undergo |
| 38 | development-of-regional-impact review. |
| 39 |
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| 40 | Between lines 7633 and 7634, insert: |
| 41 | (e)1. Except for a development order rendered pursuant to |
| 42 | subsection (22) or subsection (25), a proposed change to a |
| 43 | development order that individually or cumulatively with any |
| 44 | previous change is less than any numerical criterion contained |
| 45 | in subparagraphs (b)1.-13. and does not exceed any other |
| 46 | criterion, or that involves an extension of the buildout date of |
| 47 | a development, or any phase thereof, of less than 5 years is not |
| 48 | subject to the public hearing requirements of subparagraph |
| 49 | (f)3., and is not subject to a determination pursuant to |
| 50 | subparagraph (f)5. Notice of the proposed change shall be made |
| 51 | to the regional planning council and the state land planning |
| 52 | agency. Such notice shall include a description of previous |
| 53 | individual changes made to the development, including changes |
| 54 | previously approved by the local government, and shall include |
| 55 | appropriate amendments to the development order. |
| 56 | 2. The following changes, individually or cumulatively |
| 57 | with any previous changes, are not substantial deviations: |
| 58 | a. Changes in the name of the project, developer, owner, |
| 59 | or monitoring official. |
| 60 | b. Changes to a setback that do not affect noise buffers, |
| 61 | environmental protection or mitigation areas, or archaeological |
| 62 | or historical resources. |
| 63 | c. Changes to minimum lot sizes. |
| 64 | d. Changes in the configuration of internal roads that do |
| 65 | not affect external access points. |
| 66 | e. Changes to the building design or orientation that stay |
| 67 | approximately within the approved area designated for such |
| 68 | building and parking lot, and which do not affect historical |
| 69 | buildings designated as significant by the Division of |
| 70 | Historical Resources of the Department of State. |
| 71 | f. Changes to increase the acreage in the development, |
| 72 | provided that no development is proposed on the acreage to be |
| 73 | added. |
| 74 | g. Changes to eliminate an approved land use, provided |
| 75 | that there are no additional regional impacts. |
| 76 | h. Changes required to conform to permits approved by any |
| 77 | federal, state, or regional permitting agency, provided that |
| 78 | these changes do not create additional regional impacts. |
| 79 | i. Any renovation or redevelopment of development within a |
| 80 | previously approved development of regional impact which does |
| 81 | not change land use or increase density or intensity of use. |
| 82 | j. Changes that modify boundaries and configuration of |
| 83 | areas described in subparagraph (b)14. due to science-based |
| 84 | refinement of such areas by survey, by habitat evaluation, by |
| 85 | other recognized assessment methodology, or by an environmental |
| 86 | assessment. In order for changes to qualify under this sub- |
| 87 | subparagraph, the survey, habitat evaluation, or assessment must |
| 88 | occur prior to the time a conservation easement protecting such |
| 89 | lands is recorded and must not result in any net decrease in the |
| 90 | total acreage of the lands specifically set aside for permanent |
| 91 | preservation in the final development order. |
| 92 | k. Any other change which the state land planning agency, |
| 93 | in consultation with the regional planning council, agrees in |
| 94 | writing is similar in nature, impact, or character to the |
| 95 | changes enumerated in sub-subparagraphs a.-j. and which does not |
| 96 | create the likelihood of any additional regional impact. |
| 97 |
|
| 98 | This subsection does not require the filing of a notice of |
| 99 | proposed change but shall require an application to the local |
| 100 | government to amend the development order in accordance with the |
| 101 | local government's procedures for amendment of a development |
| 102 | order. In accordance with the local government's procedures, |
| 103 | including requirements for notice to the applicant and the |
| 104 | public, the local government shall either deny the application |
| 105 | for amendment or adopt an amendment to the development order |
| 106 | which approves the application with or without conditions. |
| 107 | Following adoption, the local government shall render to the |
| 108 | state land planning agency the amendment to the development |
| 109 | order. The state land planning agency may appeal, pursuant to s. |
| 110 | 380.07(3), the amendment to the development order if the |
| 111 | amendment involves sub-subparagraph g., sub-subparagraph h., |
| 112 | sub-subparagraph j., or sub-subparagraph k., and it believes the |
| 113 | change creates a reasonable likelihood of new or additional |
| 114 | regional impacts. |
| 115 | 3. Except for the change authorized by sub-subparagraph |
| 116 | 2.f., any addition of land not previously reviewed or any change |
| 117 | not specified in paragraph (b) or paragraph (c) shall be |
| 118 | presumed to create a substantial deviation. This presumption may |
| 119 | be rebutted by clear and convincing evidence. |
| 120 | 4. Any submittal of a proposed change to a previously |
| 121 | approved development shall include a description of individual |
| 122 | changes previously made to the development, including changes |
| 123 | previously approved by the local government. The local |
| 124 | government shall consider the previous and current proposed |
| 125 | changes in deciding whether such changes cumulatively constitute |
| 126 | a substantial deviation requiring further development-of- |
| 127 | regional-impact review. |
| 128 | 5. The following changes to an approved development of |
| 129 | regional impact shall be presumed to create a substantial |
| 130 | deviation. Such presumption may be rebutted by clear and |
| 131 | convincing evidence. |
| 132 | a. A change proposed for 15 percent or more of the acreage |
| 133 | to a land use not previously approved in the development order. |
| 134 | Changes of less than 15 percent shall be presumed not to create |
| 135 | a substantial deviation. |
| 136 | b. Notwithstanding any provision of paragraph (b) to the |
| 137 | contrary, a proposed change consisting of simultaneous increases |
| 138 | and decreases of at least two of the uses within an authorized |
| 139 | multiuse development of regional impact which was originally |
| 140 | approved with three or more uses specified in s. 380.0651(3)(c), |
| 141 | (d), and (e), and (f) and residential use. |
| 142 |
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| 143 |
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| 144 | Remove lines 7816-7949 and insert: |
| 145 | 2. Any proposed development within a county, including the |
| 146 | municipalities located in the county, that has an average of at |
| 147 | least 1,000 people per square mile of land area qualifies as a |
| 148 | dense urban land area as defined in s. 163.3164 and that is |
| 149 | located within an urban service area as defined in s. 163.3164 |
| 150 | which has been adopted into the comprehensive plan; or |
| 151 | 3. Any proposed development within a county, including the |
| 152 | municipalities located therein, which has a population of at |
| 153 | least 900,000, that has an average of at least 1,000 people per |
| 154 | square mile of land area which qualifies as a dense urban land |
| 155 | area under s. 163.3164, but which does not have an urban service |
| 156 | area designated in the comprehensive plan; or |
| 157 | 4. Any proposed development within a county, including the |
| 158 | municipalities located therein, which has a population of at |
| 159 | least 1 million and is located within an urban service area as |
| 160 | defined in s. 163.3164 which has been adopted into the |
| 161 | comprehensive plan. |
| 162 |
|
| 163 | The Office of Economic and Demographic Research within the |
| 164 | Legislature shall annually calculate the population and density |
| 165 | criteria needed to determine which jurisdictions meet the |
| 166 | density criteria in subparagraphs 1.-4. by using the most recent |
| 167 | land area data from the decennial census conducted by the Bureau |
| 168 | of the Census of the United States Department of Commerce and |
| 169 | the latest available population estimates determined pursuant to |
| 170 | s. 186.901. If any local government has had an annexation, |
| 171 | contraction, or new incorporation, the Office of Economic and |
| 172 | Demographic Research shall determine the population density |
| 173 | using the new jurisdictional boundaries as recorded in |
| 174 | accordance with s. 171.091. The Office of Economic and |
| 175 | Demographic Research shall annually submit to the state land |
| 176 | planning agency by July 1 a list of jurisdictions that meet the |
| 177 | total population and density criteria. The state land planning |
| 178 | agency shall publish the list of jurisdictions on its Internet |
| 179 | website within 7 days after the list is received. The |
| 180 | designation of jurisdictions that meet the density criteria of |
| 181 | subparagraphs 1.-4. is effective upon publication on the state |
| 182 | land planning agency's Internet website. If a municipality that |
| 183 | has previously met the density criteria no longer meets the |
| 184 | criteria, the state land planning agency shall maintain the |
| 185 | municipality on the list and indicate the year the jurisdiction |
| 186 | last met the density criteria. However, any proposed development |
| 187 | of regional impact not within the established boundaries of a |
| 188 | municipality at the time the municipality met the density |
| 189 | requirement must meet the requirements of this section. Any |
| 190 | county that meets the density criteria shall remain on the list |
| 191 | in accordance with the provisions of this section until such |
| 192 | time as the municipality as a whole meets the density criteria. |
| 193 | Any local government that was placed on the list before the |
| 194 | effective date of this act shall remain on the list in |
| 195 | accordance with the provisions of this section. |
| 196 | (d) A development that is located partially outside an |
| 197 | area that is exempt from the development-of-regional-impact |
| 198 | program must undergo development-of-regional-impact review |
| 199 | pursuant to this section. However, if the total acreage that is |
| 200 | included within the area exempt from development-of-regional- |
| 201 | impact review exceeds 85 percent of the total acreage and square |
| 202 | footage of the approved development of regional impact, the |
| 203 | development-of-regional-impact development order may be |
| 204 | rescinded in both local governments pursuant to s. 380.115(1), |
| 205 | unless the portion of the development outside the exempt area |
| 206 | meets the threshold criteria of a development-of-regional- |
| 207 | impact. |
| 208 | (e) In an area that is exempt under paragraphs (a)-(c), |
| 209 | any previously approved development-of-regional-impact |
| 210 | development orders shall continue to be effective, but the |
| 211 | developer has the option to be governed by s. 380.115(1). A |
| 212 | pending application for development approval shall be governed |
| 213 | by s. 380.115(2). A development that has a pending application |
| 214 | for a comprehensive plan amendment and that elects not to |
| 215 | continue development-of-regional-impact review is exempt from |
| 216 | the limitation on plan amendments set forth in s. 163.3187(1) |
| 217 | for the year following the effective date of the exemption. |
| 218 | Section 53. Subsection (3) and paragraph (a) of subsection |
| 219 | (4) of section 380.0651, Florida Statutes, are amended to read: |
| 220 | 380.0651 Statewide guidelines and standards.- |
| 221 | (3) The following statewide guidelines and standards shall |
| 222 | be applied in the manner described in s. 380.06(2) to determine |
| 223 | whether the following developments shall be required to undergo |
| 224 | development-of-regional-impact review: |
| 225 | (a) Airports.- |
| 226 | 1. Any of the following airport construction projects |
| 227 | shall be a development of regional impact: |
| 228 | a. A new commercial service or general aviation airport |
| 229 | with paved runways. |
| 230 | b. A new commercial service or general aviation paved |
| 231 | runway. |
| 232 | c. A new passenger terminal facility. |
| 233 | 2. Lengthening of an existing runway by 25 percent or an |
| 234 | increase in the number of gates by 25 percent or three gates, |
| 235 | whichever is greater, on a commercial service airport or a |
| 236 | general aviation airport with regularly scheduled flights is a |
| 237 | development of regional impact. However, expansion of existing |
| 238 | terminal facilities at a nonhub or small hub commercial service |
| 239 | airport shall not be a development of regional impact. |
| 240 | 3. Any airport development project which is proposed for |
| 241 | safety, repair, or maintenance reasons alone and would not have |
| 242 | the potential to increase or change existing types of aircraft |
| 243 | activity is not a development of regional impact. |
| 244 | Notwithstanding subparagraphs 1. and 2., renovation, |
| 245 | modernization, or replacement of airport airside or terminal |
| 246 | facilities that may include increases in square footage of such |
| 247 | facilities but does not increase the number of gates or change |
| 248 | the existing types of aircraft activity is not a development of |
| 249 | regional impact. |
| 250 | (b) Attractions and recreation facilities.-Any sports, |
| 251 | entertainment, amusement, or recreation facility, including, but |
| 252 | not limited to, a sports arena, stadium, racetrack, tourist |
| 253 | attraction, amusement park, or pari-mutuel facility, the |
| 254 | construction or expansion of which: |
| 255 | 1. For single performance facilities: |
| 256 | a. Provides parking spaces for more than 2,500 cars; or |
| 257 | b. Provides more than 10,000 permanent seats for |
| 258 | spectators. |
| 259 | 2. For serial performance facilities: |
| 260 | a. Provides parking spaces for more than 1,000 cars; or |
| 261 | b. Provides more than 4,000 permanent seats for |
| 262 | spectators. |
| 263 |
|
| 264 | For purposes of this subsection, "serial performance facilities" |
| 265 | means those using their parking areas or permanent seating more |
| 266 | than one time per day on a regular or continuous basis. |
| 267 | 3. For multiscreen movie theaters of at least 8 screens |
| 268 | and 2,500 seats: |
| 269 | a. Provides parking spaces for more than 1,500 cars; or |
| 270 | b. Provides more than 6,000 permanent seats for |
| 271 | spectators. |
| 272 | (c) Industrial plants, industrial parks, and distribution, |
| 273 | warehousing or wholesaling facilities.-Any proposed industrial, |
| 274 | manufacturing, or processing plant, or distribution, |
| 275 | warehousing, or wholesaling facility, excluding wholesaling |
| 276 | developments which deal primarily with the general public |
| 277 | onsite, under common ownership, or any proposed industrial, |
| 278 | manufacturing, or processing activity or distribution, |
| 279 | warehousing, or wholesaling activity, excluding wholesaling |
| 280 | activities which deal primarily with the general public onsite, |
| 281 | which: |
| 282 | 1. Provides parking for more than 2,500 motor vehicles; or |
| 283 | 2. Occupies a site greater than 320 acres. |
| 284 | (c)(d) Office development.-Any proposed office building or |
| 285 | park operated under common ownership, development plan, or |
| 286 | management that: |
| 287 | 1. Encompasses 300,000 or more square feet of gross floor |
| 288 | area; or |
| 289 | 2. Encompasses more than 600,000 square feet of gross |
| 290 | floor area in a county with a population greater than 500,000 |
| 291 | and only in a geographic area specifically designated as highly |
| 292 | suitable for increased threshold intensity in the approved local |
| 293 | comprehensive plan. |
| 294 | (d)(e) Retail and service development.-Any proposed |
| 295 | retail, service, or wholesale business establishment or group of |
| 296 | establishments which deals primarily with the general public |
| 297 | onsite, operated under one common property ownership, |
| 298 | development plan, or management that: |
| 299 | 1. Encompasses more than 400,000 square feet of gross |
| 300 | area; or |
| 301 | 2. Provides parking spaces for more than 2,500 cars. |
| 302 | (f) Hotel or motel development.- |
| 303 | 1. Any proposed hotel or motel development that is planned |
| 304 | to create or accommodate 350 or more units; or |
| 305 | 2. Any proposed hotel or motel development that is planned |
| 306 | to create or accommodate 750 or more units, in a county with a |
| 307 | population greater than 500,000. |
| 308 | (e)(g) Recreational vehicle development.-Any proposed |
| 309 | recreational vehicle development planned to create or |
| 310 | accommodate 500 or more spaces. |
| 311 | (f)(h) Multiuse development.-Any proposed development with |
| 312 | two or more land uses where the sum of the percentages of the |
| 313 | appropriate thresholds identified in chapter 28-24, Florida |
| 314 | Administrative Code, or this section for each land use in the |
| 315 | development is equal to or greater than 145 percent. Any |
| 316 | proposed development with three or more land uses, one of which |
| 317 | is residential and contains at least 100 dwelling units or 15 |
| 318 | percent of the applicable residential threshold, whichever is |
| 319 | greater, where the sum of the percentages of the appropriate |
| 320 | thresholds identified in chapter 28-24, Florida Administrative |
| 321 | Code, or this section for each land use in the development is |
| 322 | equal to or greater than 160 percent. This threshold is in |
| 323 | addition to, and does not preclude, a development from being |
| 324 | required to undergo development-of-regional-impact review under |
| 325 | any other threshold. |
| 326 | (g)(i) Residential development.-No rule may be adopted |
| 327 | concerning residential developments which treats a residential |
| 328 | development in one county as being located in a less populated |
| 329 | adjacent county unless more than 25 percent of the development |
| 330 | is located within 2 or less miles of the less populated adjacent |
| 331 | county. The residential thresholds of adjacent counties with |
| 332 | less population and a lower threshold shall not be controlling |
| 333 | on any development wholly located within areas designated as |
| 334 | rural areas of critical economic concern. |
| 335 | (h)(j) Workforce housing.-The applicable guidelines for |
| 336 | residential development and the residential component for |
| 337 | multiuse development shall be increased by 50 percent where the |
| 338 | developer demonstrates that at least 15 percent of the total |
| 339 | residential dwelling units authorized within the development of |
| 340 | regional impact will be dedicated to affordable workforce |
| 341 | housing, subject to a recorded land use restriction that shall |
| 342 | be for a period of not less than 20 years and that includes |
| 343 | resale provisions to ensure long-term affordability for income- |
| 344 | eligible homeowners and renters and provisions for the workforce |
| 345 | housing to be commenced prior to the completion of 50 percent of |
| 346 | the market rate dwelling. For purposes of this paragraph, the |
| 347 | term "affordable workforce housing" means housing that is |
| 348 | affordable to a person who earns less than 120 percent of the |
| 349 | area median income, or less than 140 percent of the area median |
| 350 | income if located in a county in which the median purchase price |
| 351 | for a single-family existing home exceeds the statewide median |
| 352 | purchase price of a single-family existing home. For the |
| 353 | purposes of this paragraph, the term "statewide median purchase |
| 354 | price of a single-family existing home" means the statewide |
| 355 | purchase price as determined in the Florida Sales Report, |
| 356 | Single-Family Existing Homes, released each January by the |
| 357 | Florida Association of Realtors and the University of Florida |
| 358 | Real Estate Research Center. |
| 359 | (i)(k) Schools.- |
| 360 | 1. The proposed construction of any public, private, or |
| 361 | proprietary postsecondary educational campus which provides for |
| 362 | a design population of more than 5,000 full-time equivalent |
| 363 | students, or the proposed physical expansion of any public, |
| 364 | private, or proprietary postsecondary educational campus having |
| 365 | such a design population that would increase the population by |
| 366 | at least 20 percent of the design population. |
| 367 | 2. As used in this paragraph, "full-time equivalent |
| 368 | student" means enrollment for 15 or more quarter hours during a |
| 369 | single academic semester. In career centers or other |
| 370 | institutions which do not employ semester hours or quarter hours |
| 371 | in accounting for student participation, enrollment for 18 |
| 372 | contact hours shall be considered equivalent to one quarter |
| 373 | hour, and enrollment for 27 contact hours shall be considered |
| 374 | equivalent to one semester hour. |
| 375 | 3. This paragraph does not apply to institutions which are |
| 376 | the subject of a campus master plan adopted by the university |
| 377 | board of trustees pursuant to s. 1013.30. |
| 378 | (4) Two or more developments, represented by their owners |
| 379 | or developers to be separate developments, shall be aggregated |
| 380 | and treated as a single development under this chapter when they |
| 381 | are determined to be part of a unified plan of development and |
| 382 | are physically proximate to one other. |
| 383 | (a) The criteria of three two of the following |
| 384 | subparagraphs must be met in order for the state land planning |
| 385 | agency to determine that there is a unified plan of development: |
| 386 | 1.a. The same person has retained or shared control of the |
| 387 | developments; |
| 388 | b. The same person has ownership or a significant legal or |
| 389 | equitable interest in the developments; or |
| 390 | c. There is common management of the developments |
| 391 | controlling the form of physical development or disposition of |
| 392 | parcels of the development. |
| 393 | 2. There is a reasonable closeness in time between the |
| 394 | completion of 80 percent or less of one development and the |
| 395 | submission to a governmental agency of a master plan or series |
| 396 | of plans or drawings for the other development which is |
| 397 | indicative of a common development effort. |
| 398 | 3. A master plan or series of plans or drawings exists |
| 399 | covering the developments sought to be aggregated which have |
| 400 | been submitted to a local general-purpose government, water |
| 401 | management district, the Florida Department of Environmental |
| 402 | Protection, or the Division of Florida Condominiums, Timeshares, |
| 403 | and Mobile Homes for authorization to commence development. The |
| 404 | existence or implementation of a utility's master utility plan |
| 405 | required by the Public Service Commission or general-purpose |
| 406 | local government or a master drainage plan shall not be the sole |
| 407 | determinant of the existence of a master plan. |
| 408 | 4. The voluntary sharing of infrastructure that is |
| 409 | indicative of a common development effort or is designated |
| 410 | specifically to accommodate the developments sought to be |
| 411 | aggregated, except that which was implemented because it was |
| 412 | required by a local general-purpose government; water management |
| 413 | district; the Department of Environmental Protection; the |
| 414 | Division of Florida Condominiums, Timeshares, and Mobile Homes; |
| 415 | or the Public Service Commission. |
| 416 | 4.5. There is a common advertising scheme or promotional |
| 417 | plan in effect for the developments sought to be aggregated. |
| 418 | Section 54. Subsection (17) of section 331.303, Florida |
| 419 | Statutes, is amended to read: |
| 420 | 331.303 Definitions.- |
| 421 | (17) "Spaceport launch facilities" means industrial |
| 422 | facilities as described in s. 380.0651(3)(c), Florida Statutes |
| 423 | 2010, and include any launch pad, launch control center, and |
| 424 | fixed launch-support equipment. |
| 425 | Section 55. Subsection (1) of section 380.115, Florida |
| 426 | Statutes, is amended to read: |
| 427 | 380.115 Vested rights and duties; effect of size |
| 428 | reduction, changes in guidelines and standards.- |
| 429 | (1) A change in a development-of-regional-impact guideline |
| 430 | and standard does not abridge or modify any vested or other |
| 431 | right or any duty or obligation pursuant to any development |
| 432 | order or agreement that is applicable to a development of |
| 433 | regional impact. A development that has received a development- |
| 434 | of-regional-impact development order pursuant to s. 380.06, but |
| 435 | is no longer required to undergo development-of-regional-impact |
| 436 | review by operation of a change in the guidelines and standards |
| 437 | or has reduced its size below the thresholds in s. 380.0651, or |
| 438 | a development that is exempt pursuant to s. 380.06(29) shall be |
| 439 | governed by the following procedures: |
| 440 | (a) The development shall continue to be governed by the |
| 441 | development-of-regional-impact development order and may be |
| 442 | completed in reliance upon and pursuant to the development order |
| 443 | unless the developer or landowner has followed the procedures |
| 444 | for rescission in paragraph (b). Any proposed changes to those |
| 445 | developments which continue to be governed by a development |
| 446 | order shall be approved pursuant to s. 380.06(19) as it existed |
| 447 | prior to a change in the development-of-regional-impact |
| 448 | guidelines and standards, except that all percentage criteria |
| 449 | shall be doubled and all other criteria shall be increased by 10 |
| 450 | percent. The development-of-regional-impact development order |
| 451 | may be enforced by the local government as provided by ss. |
| 452 | 380.06(17) and 380.11. |
| 453 | (b) If requested by the developer or landowner, the |
| 454 | development-of-regional-impact development order shall be |
| 455 | rescinded by the local government having jurisdiction upon a |
| 456 | showing that all required mitigation related to the amount of |
| 457 | development that existed on the date of rescission has been |
| 458 | completed. |
| 459 | Section 56. Paragraph (a) of subsection (8) of section |
| 460 | 380.061, Florida Statutes, is amended to read: |
| 461 | 380.061 The Florida Quality Developments program.- |
| 462 | (8)(a) Any local government comprehensive plan amendments |
| 463 | related to a Florida Quality Development may be initiated by a |
| 464 | local planning agency and considered by the local governing body |
| 465 | at the same time as the application for development approval, |
| 466 | using the procedures provided for local plan amendment in s. |
| 467 | 163.3187 or s. 163.3189 and applicable local ordinances, without |
| 468 | regard to statutory or local ordinance limits on the frequency |
| 469 | of consideration of amendments to the local comprehensive plan. |
| 470 | Nothing in this subsection shall be construed to require |
| 471 | favorable consideration of a Florida Quality Development solely |
| 472 | because it is related to a development of regional impact. |
| 473 | Section 57. Paragraph (a) of subsection (2) and subsection |
| 474 | (10) of section 380.065, Florida Statutes, are amended to read: |
| 475 | 380.065 Certification of local government review of |
| 476 | development.- |
| 477 | (2) When a petition is filed, the state land planning |
| 478 | agency shall have no more than 90 days to prepare and submit to |
| 479 | the Administration Commission a report and recommendations on |
| 480 | the proposed certification. In deciding whether to grant |
| 481 | certification, the Administration Commission shall determine |
| 482 | whether the following criteria are being met: |
| 483 | (a) The petitioning local government has adopted and |
| 484 | effectively implemented a local comprehensive plan and |
| 485 | development regulations which comply with ss. 163.3161-163.3215, |
| 486 | the Community Local Government Comprehensive Planning and Land |
| 487 | Development Regulation Act. |
| 488 | (10) The department shall submit an annual progress report |
| 489 | to the President of the Senate and the Speaker of the House of |
| 490 | Representatives by March 1 on the certification of local |
| 491 | governments, stating which local governments have been |
| 492 | certified. For those local governments which have applied for |
| 493 | certification but for which certification has been denied, the |
| 494 | department shall specify the reasons certification was denied. |
| 495 |
|
| 496 |
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| 497 | ----------------------------------------------------- |
| 498 | T I T L E A M E N D M E N T |
| 499 | Remove lines 118-135 and insert: |
| 500 | developments of regional impact; revising provisions to conform |
| 501 | to changes made by this act; amending s. 380.0651, F.S.; |
| 502 | revising provisions relating to statewide guidelines and |
| 503 | standards for certain multiscreen movie theaters, industrial |
| 504 | plants, industrial parks, distribution, warehousing and |
| 505 | wholesaling facilities, and hotels and motels; revising criteria |
| 506 | for the determination of when to treat two or more developments |
| 507 | as a single development; amending s. 331.303, F.S.; conforming a |
| 508 | cross-reference; amending s. 380.115, F.S.; subjecting certain |
| 509 | developments required to undergo development-of-regional-impact |
| 510 | review to certain procedures; amending s. 380.065, F.S.; |
| 511 | deleting certain reporting requirements; conforming provisions |
| 512 | to changes made by the act; amending s. 380.0685, F.S., relating |
| 513 | to use of surcharges for beach renourishment and restoration; |
| 514 | repealing Rules 9J-5 and 9J-11.023, Florida Administrative Code, |
| 515 | relating to minimum criteria for review of local government |
| 516 | comprehensive plans and plan amendments, evaluation and |
| 517 | appraisal reports, land development regulations, and |
| 518 | determinations of compliance; amending ss. 70.51, 163.06, |
| 519 | 163.2517, 163.3162, 163.3217, 163.3220, 163.3221, 163.3229, |
| 520 | 163.360, 163.516, 171.203, 186.513, 189.415, 190.004, 190.005, |
| 521 | 193.501, 287.042, 288.063, 288.975, 290.0475, 311.07, 331.319, |
| 522 | 339.155, 339.2819, 369.303, 369.321, 378.021, 380.115, 380.031, |
| 523 | 380.061, 403.50665, 403.973, 420.5095, |