Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1180
                                Barcode 788434                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2012           .                                

       The Committee on Community Affairs (Bennett) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (2) of section
    6  163.3184, Florida Statutes, is amended to read:
    7         163.3184 Process for adoption of comprehensive plan or plan
    8  amendment.—
   10         (c) Plan amendments that are in an area of critical state
   11  concern designated pursuant to s. 380.05; propose a rural land
   12  stewardship area pursuant to s. 163.3248; propose a sector plan
   13  pursuant to s. 163.3245; update a comprehensive plan based on an
   14  evaluation and appraisal pursuant to s. 163.3191; propose a
   15  development pursuant to s. 380.06(24)(x); or are new plans for
   16  newly incorporated municipalities adopted pursuant to s.
   17  163.3167 shall follow the state coordinated review process in
   18  subsection (4).
   19         Section 2. Paragraph (a) of subsection (7), subsection
   20  (12), and paragraph (e) of subsection (19) of section 380.06,
   21  Florida Statutes, are amended, and paragraph (x) is added to
   22  subsection (24) of that section, to read:
   23         380.06 Developments of regional impact.—
   25         (a) Before filing an application for development approval,
   26  the developer shall contact the regional planning agency having
   27  with jurisdiction over the proposed development to arrange a
   28  preapplication conference. Upon the request of the developer or
   29  the regional planning agency, other affected state and regional
   30  agencies shall participate in this conference and shall identify
   31  the types of permits issued by the agencies, the level of
   32  information required, and the permit issuance procedures as
   33  applied to the proposed development. The levels of service
   34  required in the transportation methodology shall be the same
   35  levels of service used to evaluate concurrency in accordance
   36  with s. 163.3180. The regional planning agency shall provide the
   37  developer information about the development-of-regional-impact
   38  process and the use of preapplication conferences to identify
   39  issues, coordinate appropriate state and local agency
   40  requirements, and otherwise promote a proper and efficient
   41  review of the proposed development. If an agreement is reached
   42  regarding assumptions and methodology to be used in the
   43  application for development approval, the reviewing agencies may
   44  not subsequently object to those assumptions and methodologies
   45  unless subsequent changes to the project or information obtained
   46  during the review make those assumptions and methodologies
   47  inappropriate. The reviewing agencies may make only
   48  recommendations or comments regarding a proposed development
   49  which are consistent with the statutes, rules, or adopted local
   50  government ordinances that are applicable to developments in the
   51  jurisdiction where the proposed development is located.
   52         (12) REGIONAL REPORTS.—
   53         (a) Within 50 days after receipt of the notice of public
   54  hearing required in paragraph (11)(c), the regional planning
   55  agency, if one has been designated for the area including the
   56  local government, shall prepare and submit to the local
   57  government a report and recommendations on the regional impact
   58  of the proposed development. In preparing its report and
   59  recommendations, the regional planning agency shall identify
   60  regional issues based upon the following review criteria and
   61  make recommendations to the local government on these regional
   62  issues, specifically considering whether, and the extent to
   63  which:
   64         1. The development will have a favorable or unfavorable
   65  impact on state or regional resources or facilities identified
   66  in the applicable state or regional plans. As used in For the
   67  purposes of this subsection, the term “applicable state plan”
   68  means the state comprehensive plan. As used in For the purposes
   69  of this subsection, the term “applicable regional plan” means an
   70  adopted comprehensive regional policy plan until the adoption of
   71  a strategic regional policy plan pursuant to s. 186.508, and
   72  thereafter means an adopted strategic regional policy plan.
   73         2. The development will significantly impact adjacent
   74  jurisdictions. At the request of the appropriate local
   75  government, regional planning agencies may also review and
   76  comment upon issues that affect only the requesting local
   77  government.
   78         3. As one of the issues considered in the review in
   79  subparagraphs 1. and 2., the development will favorably or
   80  adversely affect the ability of people to find adequate housing
   81  reasonably accessible to their places of employment if the
   82  regional planning agency has adopted an affordable housing
   83  policy as part of its strategic regional policy plan. The
   84  determination should take into account information on factors
   85  that are relevant to the availability of reasonably accessible
   86  adequate housing. Adequate housing means housing that is
   87  available for occupancy and that is not substandard.
   88         (b) The regional planning agency report must contain
   89  recommendations that are consistent with the standards required
   90  by the applicable state permitting agencies or the water
   91  management district.
   92         (c)(b) At the request of the regional planning agency,
   93  other appropriate agencies shall review the proposed development
   94  and shall prepare reports and recommendations on issues that are
   95  clearly within the jurisdiction of those agencies. Such agency
   96  reports shall become part of the regional planning agency
   97  report; however, the regional planning agency may attach
   98  dissenting views. When water management district and Department
   99  of Environmental Protection permits have been issued pursuant to
  100  chapter 373 or chapter 403, the regional planning council may
  101  comment on the regional implications of the permits but may not
  102  offer conflicting recommendations.
  103         (d)(c) The regional planning agency shall afford the
  104  developer or any substantially affected party reasonable
  105  opportunity to present evidence to the regional planning agency
  106  head relating to the proposed regional agency report and
  107  recommendations.
  108         (e)(d)If When the location of a proposed development
  109  involves land within the boundaries of multiple regional
  110  planning councils, the state land planning agency shall
  111  designate a lead regional planning council. The lead regional
  112  planning council shall prepare the regional report.
  113         (19) SUBSTANTIAL DEVIATIONS.—
  114         (e)1. Except for a development order rendered pursuant to
  115  subsection (22) or subsection (25), a proposed change to a
  116  development order which that individually or cumulatively with
  117  any previous change is less than any numerical criterion
  118  contained in subparagraphs (b)1.-10. and does not exceed any
  119  other criterion, or which that involves an extension of the
  120  buildout date of a development, or any phase thereof, of less
  121  than 5 years is not subject to the public hearing requirements
  122  of subparagraph (f)3., and is not subject to a determination
  123  pursuant to subparagraph (f)5. Notice of the proposed change
  124  shall be made to the regional planning council and the state
  125  land planning agency. Such notice must shall include a
  126  description of previous individual changes made to the
  127  development, including changes previously approved by the local
  128  government, and must shall include appropriate amendments to the
  129  development order.
  130         2. The following changes, individually or cumulatively with
  131  any previous changes, are not substantial deviations:
  132         a. Changes in the name of the project, developer, owner, or
  133  monitoring official.
  134         b. Changes to a setback which that do not affect noise
  135  buffers, environmental protection or mitigation areas, or
  136  archaeological or historical resources.
  137         c. Changes to minimum lot sizes.
  138         d. Changes in the configuration of internal roads which
  139  that do not affect external access points.
  140         e. Changes to the building design or orientation which that
  141  stay approximately within the approved area designated for such
  142  building and parking lot, and which do not affect historical
  143  buildings designated as significant by the Division of
  144  Historical Resources of the Department of State.
  145         f. Changes to increase the acreage in the development, if
  146  provided that no development is proposed on the acreage to be
  147  added.
  148         g. Changes to eliminate an approved land use, if provided
  149  that there are no additional regional impacts.
  150         h. Changes required to conform to permits approved by any
  151  federal, state, or regional permitting agency, if provided that
  152  these changes do not create additional regional impacts.
  153         i. Any renovation or redevelopment of development within a
  154  previously approved development of regional impact which does
  155  not change land use or increase density or intensity of use.
  156         j. Changes that modify boundaries and configuration of
  157  areas described in subparagraph (b)11. due to science-based
  158  refinement of such areas by survey, by habitat evaluation, by
  159  other recognized assessment methodology, or by an environmental
  160  assessment. In order for changes to qualify under this sub
  161  subparagraph, the survey, habitat evaluation, or assessment must
  162  occur before prior to the time that a conservation easement
  163  protecting such lands is recorded and must not result in any net
  164  decrease in the total acreage of the lands specifically set
  165  aside for permanent preservation in the final development order.
  166         k. Changes that do not increase the number of external peak
  167  hour trips and do not reduce open space and conserved areas
  168  within the project except as otherwise permitted by sub
  169  subparagraph j.
  170         l.k. Any other change that which the state land planning
  171  agency, in consultation with the regional planning council,
  172  agrees in writing is similar in nature, impact, or character to
  173  the changes enumerated in sub-subparagraphs a.-k. a.-j. and that
  174  which does not create the likelihood of any additional regional
  175  impact.
  177  This subsection does not require the filing of a notice of
  178  proposed change but requires shall require an application to the
  179  local government to amend the development order in accordance
  180  with the local government’s procedures for amendment of a
  181  development order. In accordance with the local government’s
  182  procedures, including requirements for notice to the applicant
  183  and the public, the local government shall either deny the
  184  application for amendment or adopt an amendment to the
  185  development order which approves the application with or without
  186  conditions. Following adoption, the local government shall
  187  render to the state land planning agency the amendment to the
  188  development order. The state land planning agency may appeal,
  189  pursuant to s. 380.07(3), the amendment to the development order
  190  if the amendment involves sub-subparagraph g., sub-subparagraph
  191  h., sub-subparagraph j., or sub-subparagraph k., or sub
  192  subparagraph l. and if the agency it believes that the change
  193  creates a reasonable likelihood of new or additional regional
  194  impacts.
  195         3. Except for the change authorized by sub-subparagraph
  196  2.f., any addition of land not previously reviewed or any change
  197  not specified in paragraph (b) or paragraph (c) shall be
  198  presumed to create a substantial deviation. This presumption may
  199  be rebutted by clear and convincing evidence.
  200         4. Any submittal of a proposed change to a previously
  201  approved development must shall include a description of
  202  individual changes previously made to the development, including
  203  changes previously approved by the local government. The local
  204  government shall consider the previous and current proposed
  205  changes in deciding whether such changes cumulatively constitute
  206  a substantial deviation requiring further development-of
  207  regional-impact review.
  208         5. The following changes to an approved development of
  209  regional impact shall be presumed to create a substantial
  210  deviation. Such presumption may be rebutted by clear and
  211  convincing evidence.
  212         a. A change proposed for 15 percent or more of the acreage
  213  to a land use not previously approved in the development order.
  214  Changes of less than 15 percent shall be presumed not to create
  215  a substantial deviation.
  216         b. Notwithstanding any provision of paragraph (b) to the
  217  contrary, a proposed change consisting of simultaneous increases
  218  and decreases of at least two of the uses within an authorized
  219  multiuse development of regional impact which was originally
  220  approved with three or more uses specified in s. 380.0651(3)(c),
  221  (d), and (e) and residential use.
  222         6. If a local government agrees to a proposed change, a
  223  change in the transportation proportionate share calculation and
  224  mitigation plan in an adopted development order as a result of
  225  recalculation of the proportionate share contribution meeting
  226  the requirements of s. 163.3180(5)(h) in effect as of the date
  227  of such change shall be presumed not to create a substantial
  228  deviation. For purposes of this subsection, the proposed change
  229  in the proportionate share calculation or mitigation plan may
  230  shall not be considered an additional regional transportation
  231  impact.
  232         (24) STATUTORY EXEMPTIONS.—
  233         (x) Any proposed development that is located in a local
  234  government jurisdiction that does not qualify for an exemption
  235  based on the population and density criteria in s.
  236  380.06(29)(a), that is approved as a comprehensive plan
  237  amendment adopted pursuant to s. 163.3184(4), that qualifies for
  238  an incentive program pursuant to chapter 288, and for which the
  239  developer, the local government, and the Department of Economic
  240  Opportunity agree in writing that the development-of-regional
  241  impact review process does not apply is exempt from this
  242  section. This exemption does not apply to areas within the
  243  boundary of any area of critical state concern designated
  244  pursuant to s. 380.05, within the boundary of the Wekiva Study
  245  Area as described in s. 369.316, or within 2 miles of the
  246  boundary of the Everglades Protection Area as defined in s.
  247  373.4592(2).
  249  If a use is exempt from review as a development of regional
  250  impact under paragraphs (a)-(u), but will be part of a larger
  251  project that is subject to review as a development of regional
  252  impact, the impact of the exempt use must be included in the
  253  review of the larger project, unless such exempt use involves a
  254  development of regional impact that includes a landowner,
  255  tenant, or user that has entered into a funding agreement with
  256  the Department of Economic Opportunity under the Innovation
  257  Incentive Program and the agreement contemplates a state award
  258  of at least $50 million.
  259         Section 3. Subsection (1) of section 380.115, Florida
  260  Statutes, is amended to read:
  261         380.115 Vested rights and duties; effect of size reduction,
  262  changes in guidelines and standards.—
  263         (1) A change in a development-of-regional-impact guideline
  264  and standard does not abridge or modify any vested or other
  265  right or any duty or obligation pursuant to any development
  266  order or agreement that is applicable to a development of
  267  regional impact. A development that has received a development
  268  of-regional-impact development order pursuant to s. 380.06, but
  269  is no longer required to undergo development-of-regional-impact
  270  review by operation of a change in the guidelines and standards
  271  or has reduced its size below the thresholds in s. 380.0651, or
  272  a development that is exempt pursuant to s. 380.06(24) or (29)
  273  380.06(29) shall be governed by the following procedures:
  274         (a) The development shall continue to be governed by the
  275  development-of-regional-impact development order and may be
  276  completed in reliance upon and pursuant to the development order
  277  unless the developer or landowner has followed the procedures
  278  for rescission in paragraph (b). Any proposed changes to those
  279  developments which continue to be governed by a development
  280  order shall be approved pursuant to s. 380.06(19) as it existed
  281  before prior to a change in the development-of-regional-impact
  282  guidelines and standards, except that all percentage criteria
  283  shall be doubled and all other criteria shall be increased by 10
  284  percent. The development-of-regional-impact development order
  285  may be enforced by the local government as provided by ss.
  286  380.06(17) and 380.11.
  287         (b) If requested by the developer or landowner, the
  288  development-of-regional-impact development order shall be
  289  rescinded by the local government having jurisdiction upon a
  290  showing that all required mitigation related to the amount of
  291  development that existed on the date of rescission has been
  292  completed or will be completed under an existing permit or
  293  equivalent authorization issued by a governmental agency as
  294  defined in s. 380.031(6), provided such permit or authorization
  295  is subject to enforcement through administrative or judicial
  296  remedies.
  297         Section 4. Section 163.3165, is created to read:
  298         163.3165 Agricultural lands surrounded by other land uses.—
  299         (1) Notwithstanding any provision of section 163.3162 and
  300  section 163.3164 to the contrary, the owner of a parcel of land
  301  that qualifies under this section may apply for an amendment to
  302  the local government comprehensive plan pursuant to s. 163.3184.
  303  The amendment is presumed not to be urban sprawl as defined in
  304  s.163.3164 if it proposes land uses and intensities of use which
  305  are consistent with the existing uses and intensities of use of,
  306  or consistent with the uses and intensities of use authorized
  307  for, the industrial, commercial, or residential areas that
  308  surround the parcel. If the parcel of land that is the subject
  309  of an application for an amendment under this section is abutted
  310  by land having only one land use designation, the same land use
  311  designation shall be presumed by the County to be appropriate
  312  for the parcel and the county shall grant the parcel the same
  313  land use designation as the surrounding parcel which abuts the
  314  parcel.
  315         (2) In order to qualify as an agricultural enclave under
  316  this section the parcel of land must be a parcel that:
  317         (a) Is owned by a single person or entity;
  318         (b) Has been in continuous use for bona fide agricultural
  319  purposes, as defined by s. 193.461, for a period of 5 years
  320  before the date of any comprehensive plan amendment application;
  321         (c) And is either:
  322         1. surrounded on at least 90 percent of its perimeter by
  323  property that the local government has designated as land which
  324  may be developed for industrial, commercial, or residential
  325  purposes; or
  326         2. is surrounded within a one (1) mile radius by existing
  327  or authorized residential development that will result in a
  328  density at build out of at least 1,000 residents per square
  329  mile; and
  330         (d) Does not exceed 640 acres.
  331         Section 5. This act shall take effect upon becoming a law.
  333  ================= T I T L E  A M E N D M E N T ================
  334         And the title is amended as follows:
  335         Delete everything before the enacting clause
  336  and insert:
  337                        A bill to be entitled                      
  338         An act relating to growth management; amending s.
  339         163.3184, F.S.; requiring that comprehensive plan
  340         amendments proposing certain developments follow the
  341         state coordinated review process; amending s. 380.06,
  342         F.S.; limiting the scope of certain recommendations
  343         and comments by reviewing agencies regarding proposed
  344         developments; revising certain review criteria for
  345         reports and recommendations on the regional impact of
  346         proposed developments; requiring regional planning
  347         agency reports to contain recommendations consistent
  348         with the standards of state permitting agencies and
  349         water management districts; providing that specified
  350         changes to a development order are not substantial
  351         deviations; providing an exemption from development
  352         of-regional-impact review for proposed developments
  353         that meet specified criteria and are located in
  354         certain jurisdictions; providing applicability;
  355         amending s. 380.115, F.S.; revising conditions under
  356         which a local government is required to rescind a
  357         development-of-regional-impact development order;
  358         creating s. 163.3165, F.S.; providing for application
  359         and approval of an amendment to the local
  360         comprehensive plan by the owner of land that meets
  361         certain criteria as an agricultural enclave; providing
  362         an effective date.