Florida Senate - 2012                      CS for CS for SB 1180
       By the Committees on Budget Subcommittee on Transportation,
       Tourism, and Economic Development Appropriations; and Community
       Affairs; and Senator Bennett
       606-04274-12                                          20121180c2
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3184, F.S.; requiring that comprehensive plan
    4         amendments proposing certain developments follow the
    5         state coordinated review process; amending s. 380.06,
    6         F.S.; limiting the scope of certain recommendations
    7         and comments by reviewing agencies regarding proposed
    8         developments; revising certain review criteria for
    9         reports and recommendations on the regional impact of
   10         proposed developments; requiring regional planning
   11         agency reports to contain recommendations consistent
   12         with the standards of state permitting agencies and
   13         water management districts; providing that specified
   14         changes to a development order are not substantial
   15         deviations; providing an exemption from development
   16         of-regional-impact review for proposed developments
   17         that meet specified criteria and are located in
   18         certain jurisdictions; requiring that an agreement
   19         under s. 288.106, F.S., which relates to a tax refund
   20         program for qualified target industry businesses, be
   21         executed as a condition for such exemption; providing
   22         notice requirements; providing applicability; amending
   23         s. 380.115, F.S.; revising conditions under which a
   24         local government is required to rescind a development
   25         of-regional-impact development order; creating s.
   26         163.3165, F.S.; providing for application and approval
   27         of an amendment to the local comprehensive plan by the
   28         owner of land that meets certain criteria as an
   29         agricultural enclave; creating a 2-year permit
   30         extension; providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Paragraph (c) of subsection (2) of section
   35  163.3184, Florida Statutes, is amended to read:
   36         163.3184 Process for adoption of comprehensive plan or plan
   37  amendment.—
   39         (c) Plan amendments that are in an area of critical state
   40  concern designated pursuant to s. 380.05; propose a rural land
   41  stewardship area pursuant to s. 163.3248; propose a sector plan
   42  pursuant to s. 163.3245; update a comprehensive plan based on an
   43  evaluation and appraisal pursuant to s. 163.3191; propose a
   44  development pursuant to s. 380.06(24)(x); or are new plans for
   45  newly incorporated municipalities adopted pursuant to s.
   46  163.3167 shall follow the state coordinated review process in
   47  subsection (4).
   48         Section 2. Paragraph (a) of subsection (7), subsection
   49  (12), and paragraph (e) of subsection (19) of section 380.06,
   50  Florida Statutes, are amended, and paragraph (x) is added to
   51  subsection (24) of that section, to read:
   52         380.06 Developments of regional impact.—
   54         (a) Before filing an application for development approval,
   55  the developer shall contact the regional planning agency having
   56  with jurisdiction over the proposed development to arrange a
   57  preapplication conference. Upon the request of the developer or
   58  the regional planning agency, other affected state and regional
   59  agencies shall participate in this conference and shall identify
   60  the types of permits issued by the agencies, the level of
   61  information required, and the permit issuance procedures as
   62  applied to the proposed development. The levels of service
   63  required in the transportation methodology shall be the same
   64  levels of service used to evaluate concurrency in accordance
   65  with s. 163.3180. The regional planning agency shall provide the
   66  developer information about the development-of-regional-impact
   67  process and the use of preapplication conferences to identify
   68  issues, coordinate appropriate state and local agency
   69  requirements, and otherwise promote a proper and efficient
   70  review of the proposed development. If an agreement is reached
   71  regarding assumptions and methodology to be used in the
   72  application for development approval, the reviewing agencies may
   73  not subsequently object to those assumptions and methodologies
   74  unless subsequent changes to the project or information obtained
   75  during the review make those assumptions and methodologies
   76  inappropriate. The reviewing agencies may make only
   77  recommendations or comments regarding a proposed development
   78  which are consistent with the statutes, rules, or adopted local
   79  government ordinances that are applicable to developments in the
   80  jurisdiction where the proposed development is located.
   81         (12) REGIONAL REPORTS.—
   82         (a) Within 50 days after receipt of the notice of public
   83  hearing required in paragraph (11)(c), the regional planning
   84  agency, if one has been designated for the area including the
   85  local government, shall prepare and submit to the local
   86  government a report and recommendations on the regional impact
   87  of the proposed development. In preparing its report and
   88  recommendations, the regional planning agency shall identify
   89  regional issues based upon the following review criteria and
   90  make recommendations to the local government on these regional
   91  issues, specifically considering whether, and the extent to
   92  which:
   93         1. The development will have a favorable or unfavorable
   94  impact on state or regional resources or facilities identified
   95  in the applicable state or regional plans. As used in For the
   96  purposes of this subsection, the term “applicable state plan”
   97  means the state comprehensive plan. As used in For the purposes
   98  of this subsection, the term “applicable regional plan” means an
   99  adopted comprehensive regional policy plan until the adoption of
  100  a strategic regional policy plan pursuant to s. 186.508, and
  101  thereafter means an adopted strategic regional policy plan.
  102         2. The development will significantly impact adjacent
  103  jurisdictions. At the request of the appropriate local
  104  government, regional planning agencies may also review and
  105  comment upon issues that affect only the requesting local
  106  government.
  107         3. As one of the issues considered in the review in
  108  subparagraphs 1. and 2., the development will favorably or
  109  adversely affect the ability of people to find adequate housing
  110  reasonably accessible to their places of employment if the
  111  regional planning agency has adopted an affordable housing
  112  policy as part of its strategic regional policy plan. The
  113  determination should take into account information on factors
  114  that are relevant to the availability of reasonably accessible
  115  adequate housing. Adequate housing means housing that is
  116  available for occupancy and that is not substandard.
  117         (b) The regional planning agency report must contain
  118  recommendations that are consistent with the standards required
  119  by the applicable state permitting agencies or the water
  120  management district.
  121         (c)(b) At the request of the regional planning agency,
  122  other appropriate agencies shall review the proposed development
  123  and shall prepare reports and recommendations on issues that are
  124  clearly within the jurisdiction of those agencies. Such agency
  125  reports shall become part of the regional planning agency
  126  report; however, the regional planning agency may attach
  127  dissenting views. When water management district and Department
  128  of Environmental Protection permits have been issued pursuant to
  129  chapter 373 or chapter 403, the regional planning council may
  130  comment on the regional implications of the permits but may not
  131  offer conflicting recommendations.
  132         (d)(c) The regional planning agency shall afford the
  133  developer or any substantially affected party reasonable
  134  opportunity to present evidence to the regional planning agency
  135  head relating to the proposed regional agency report and
  136  recommendations.
  137         (e)(d)If When the location of a proposed development
  138  involves land within the boundaries of multiple regional
  139  planning councils, the state land planning agency shall
  140  designate a lead regional planning council. The lead regional
  141  planning council shall prepare the regional report.
  142         (19) SUBSTANTIAL DEVIATIONS.—
  143         (e)1. Except for a development order rendered pursuant to
  144  subsection (22) or subsection (25), a proposed change to a
  145  development order which that individually or cumulatively with
  146  any previous change is less than any numerical criterion
  147  contained in subparagraphs (b)1.-10. and does not exceed any
  148  other criterion, or which that involves an extension of the
  149  buildout date of a development, or any phase thereof, of less
  150  than 5 years is not subject to the public hearing requirements
  151  of subparagraph (f)3., and is not subject to a determination
  152  pursuant to subparagraph (f)5. Notice of the proposed change
  153  shall be made to the regional planning council and the state
  154  land planning agency. Such notice must shall include a
  155  description of previous individual changes made to the
  156  development, including changes previously approved by the local
  157  government, and must shall include appropriate amendments to the
  158  development order.
  159         2. The following changes, individually or cumulatively with
  160  any previous changes, are not substantial deviations:
  161         a. Changes in the name of the project, developer, owner, or
  162  monitoring official.
  163         b. Changes to a setback which that do not affect noise
  164  buffers, environmental protection or mitigation areas, or
  165  archaeological or historical resources.
  166         c. Changes to minimum lot sizes.
  167         d. Changes in the configuration of internal roads which
  168  that do not affect external access points.
  169         e. Changes to the building design or orientation which that
  170  stay approximately within the approved area designated for such
  171  building and parking lot, and which do not affect historical
  172  buildings designated as significant by the Division of
  173  Historical Resources of the Department of State.
  174         f. Changes to increase the acreage in the development, if
  175  provided that no development is proposed on the acreage to be
  176  added.
  177         g. Changes to eliminate an approved land use, if provided
  178  that there are no additional regional impacts.
  179         h. Changes required to conform to permits approved by any
  180  federal, state, or regional permitting agency, if provided that
  181  these changes do not create additional regional impacts.
  182         i. Any renovation or redevelopment of development within a
  183  previously approved development of regional impact which does
  184  not change land use or increase density or intensity of use.
  185         j. Changes that modify boundaries and configuration of
  186  areas described in subparagraph (b)11. due to science-based
  187  refinement of such areas by survey, by habitat evaluation, by
  188  other recognized assessment methodology, or by an environmental
  189  assessment. In order for changes to qualify under this sub
  190  subparagraph, the survey, habitat evaluation, or assessment must
  191  occur before prior to the time that a conservation easement
  192  protecting such lands is recorded and must not result in any net
  193  decrease in the total acreage of the lands specifically set
  194  aside for permanent preservation in the final development order.
  195         k. Changes that do not increase the number of external peak
  196  hour trips and do not reduce open space and conserved areas
  197  within the project except as otherwise permitted by sub
  198  subparagraph j.
  199         l.k. Any other change that which the state land planning
  200  agency, in consultation with the regional planning council,
  201  agrees in writing is similar in nature, impact, or character to
  202  the changes enumerated in sub-subparagraphs a.-k. a.-j. and that
  203  which does not create the likelihood of any additional regional
  204  impact.
  206  This subsection does not require the filing of a notice of
  207  proposed change but requires shall require an application to the
  208  local government to amend the development order in accordance
  209  with the local government’s procedures for amendment of a
  210  development order. In accordance with the local government’s
  211  procedures, including requirements for notice to the applicant
  212  and the public, the local government shall either deny the
  213  application for amendment or adopt an amendment to the
  214  development order which approves the application with or without
  215  conditions. Following adoption, the local government shall
  216  render to the state land planning agency the amendment to the
  217  development order. The state land planning agency may appeal,
  218  pursuant to s. 380.07(3), the amendment to the development order
  219  if the amendment involves sub-subparagraph g., sub-subparagraph
  220  h., sub-subparagraph j., or sub-subparagraph k., or sub
  221  subparagraph l. and if the agency it believes that the change
  222  creates a reasonable likelihood of new or additional regional
  223  impacts.
  224         3. Except for the change authorized by sub-subparagraph
  225  2.f., any addition of land not previously reviewed or any change
  226  not specified in paragraph (b) or paragraph (c) shall be
  227  presumed to create a substantial deviation. This presumption may
  228  be rebutted by clear and convincing evidence.
  229         4. Any submittal of a proposed change to a previously
  230  approved development must shall include a description of
  231  individual changes previously made to the development, including
  232  changes previously approved by the local government. The local
  233  government shall consider the previous and current proposed
  234  changes in deciding whether such changes cumulatively constitute
  235  a substantial deviation requiring further development-of
  236  regional-impact review.
  237         5. The following changes to an approved development of
  238  regional impact shall be presumed to create a substantial
  239  deviation. Such presumption may be rebutted by clear and
  240  convincing evidence.
  241         a. A change proposed for 15 percent or more of the acreage
  242  to a land use not previously approved in the development order.
  243  Changes of less than 15 percent shall be presumed not to create
  244  a substantial deviation.
  245         b. Notwithstanding any provision of paragraph (b) to the
  246  contrary, a proposed change consisting of simultaneous increases
  247  and decreases of at least two of the uses within an authorized
  248  multiuse development of regional impact which was originally
  249  approved with three or more uses specified in s. 380.0651(3)(c),
  250  (d), and (e) and residential use.
  251         6. If a local government agrees to a proposed change, a
  252  change in the transportation proportionate share calculation and
  253  mitigation plan in an adopted development order as a result of
  254  recalculation of the proportionate share contribution meeting
  255  the requirements of s. 163.3180(5)(h) in effect as of the date
  256  of such change shall be presumed not to create a substantial
  257  deviation. For purposes of this subsection, the proposed change
  258  in the proportionate share calculation or mitigation plan may
  259  shall not be considered an additional regional transportation
  260  impact.
  261         (24) STATUTORY EXEMPTIONS.—
  262         (x) Any proposed development that is located in a local
  263  government jurisdiction that does not qualify for an exemption
  264  based on the population and density criteria in paragraph
  265  (29)(a), that is approved as a comprehensive plan amendment
  266  adopted pursuant to s. 163.3184(4), and that is the subject of
  267  an agreement pursuant to s. 288.106(5) is exempt from this
  268  section. This exemption becomes effective only upon a written
  269  agreement executed by the applicant, the local government, and
  270  the state land planning agency. The state land planning agency
  271  shall be a party to the agreement only upon a determination that
  272  the development is the subject of an agreement pursuant to s.
  273  288.106(5) and that the local government has the capacity to
  274  adequately assess the impacts of the proposed development. The
  275  local government shall be a party to the agreement only upon
  276  approval by its elected governing body and upon providing notice
  277  at least 21 days before such approval to adjacent local
  278  governments, which must include, at a minimum, information
  279  regarding the location, density and intensity of use, and timing
  280  of the proposed development. This exemption does not apply to
  281  areas within the boundary of any area of critical state concern
  282  designated pursuant to s. 380.05, within the boundary of the
  283  Wekiva Study Area as described in s. 369.316, or within 2 miles
  284  of the boundary of the Everglades Protection Area as defined in
  285  s. 373.4592(2).
  287  If a use is exempt from review as a development of regional
  288  impact under paragraphs (a)-(u), but will be part of a larger
  289  project that is subject to review as a development of regional
  290  impact, the impact of the exempt use must be included in the
  291  review of the larger project, unless such exempt use involves a
  292  development of regional impact that includes a landowner,
  293  tenant, or user that has entered into a funding agreement with
  294  the Department of Economic Opportunity under the Innovation
  295  Incentive Program and the agreement contemplates a state award
  296  of at least $50 million.
  297         Section 3. Subsection (1) of section 380.115, Florida
  298  Statutes, is amended to read:
  299         380.115 Vested rights and duties; effect of size reduction,
  300  changes in guidelines and standards.—
  301         (1) A change in a development-of-regional-impact guideline
  302  and standard does not abridge or modify any vested or other
  303  right or any duty or obligation pursuant to any development
  304  order or agreement that is applicable to a development of
  305  regional impact. A development that has received a development
  306  of-regional-impact development order pursuant to s. 380.06, but
  307  is no longer required to undergo development-of-regional-impact
  308  review by operation of a change in the guidelines and standards
  309  or has reduced its size below the thresholds in s. 380.0651, or
  310  a development that is exempt pursuant to s. 380.06(24) or (29)
  311  380.06(29) shall be governed by the following procedures:
  312         (a) The development shall continue to be governed by the
  313  development-of-regional-impact development order and may be
  314  completed in reliance upon and pursuant to the development order
  315  unless the developer or landowner has followed the procedures
  316  for rescission in paragraph (b). Any proposed changes to those
  317  developments which continue to be governed by a development
  318  order shall be approved pursuant to s. 380.06(19) as it existed
  319  before prior to a change in the development-of-regional-impact
  320  guidelines and standards, except that all percentage criteria
  321  shall be doubled and all other criteria shall be increased by 10
  322  percent. The development-of-regional-impact development order
  323  may be enforced by the local government as provided by ss.
  324  380.06(17) and 380.11.
  325         (b) If requested by the developer or landowner, the
  326  development-of-regional-impact development order shall be
  327  rescinded by the local government having jurisdiction upon a
  328  showing that all required mitigation related to the amount of
  329  development that existed on the date of rescission has been
  330  completed or will be completed under an existing permit or
  331  equivalent authorization issued by a governmental agency as
  332  defined in s. 380.031(6), provided such permit or authorization
  333  is subject to enforcement through administrative or judicial
  334  remedies.
  335         Section 4. Section 163.3165, Florida Statutes, is created
  336  to read:
  337         163.3165 Agricultural lands surrounded by a single land
  338  use.—
  339         (1) Notwithstanding any provision of ss. 163.3162 and
  340  163.3164 to the contrary, the owner of a parcel of land located
  341  in an unincorporated area of a county that qualifies under this
  342  section may apply for an amendment to the local government
  343  comprehensive plan pursuant to s. 163.3184. The amendment is
  344  presumed not to be urban sprawl as defined in s.163.3164 if it
  345  proposes land uses and intensities of use which are consistent
  346  with the existing uses and intensities of use of, or consistent
  347  with the uses and intensities of use authorized for, the
  348  industrial, commercial, or residential areas that surround the
  349  parcel. If the parcel of land that is the subject of an
  350  application for an amendment under this section is abutted on
  351  all sides by land having only one land use designation, the same
  352  land use designation shall be presumed by the county to be
  353  appropriate for the parcel. The county shall, after considering
  354  the proposed density and intensity, grant the parcel the same
  355  land use designation as the surrounding parcels that abut the
  356  parcel unless the county finds by clear and convincing evidence
  357  that such grant would be detrimental to the health, safety, and
  358  welfare of its citizens.
  359         (2) In order to qualify as an agricultural enclave under
  360  this section, the parcel of land must be a parcel that:
  361         (a) Is owned by a single person or entity;
  362         (b) Has been in continuous use for bona fide agricultural
  363  purposes, as defined by s. 193.461, for a period of 5 years
  364  before the date of any comprehensive plan amendment application;
  365         (c) Is surrounded on at least 95 percent of its perimeter
  366  by property that the local government has designated as land
  367  that may be developed for industrial, commercial, or residential
  368  purposes; and
  369         (d) Does not exceed 650 acres but is not smaller than 500
  370  acres.
  372  In order to qualify for the redesignation as an enclave, the
  373  owner of a parcel of land meeting the requirements of paragraphs
  374  (a)-(d) must apply for the redesignation by January 1, 2014.
  375         Section 5. (1) Except as provided in subsection (4), and in
  376  recognition of 2012 real estate market conditions, any building
  377  permit, and any permit issued by the Department of Environmental
  378  Protection or by a water management district pursuant to part IV
  379  of chapter 373, Florida Statutes, which has an expiration date
  380  from January 1, 2011, through January 1, 2014, is extended and
  381  renewed for a period of 2 years after its previously scheduled
  382  date of expiration. This extension includes any local
  383  government-issued development order or building permit,
  384  including certificates of levels of service. This section does
  385  not prohibit conversion from the construction phase to the
  386  operation phase upon completion of construction. This extension
  387  is in addition to any existing permit extension. Extensions
  388  granted pursuant to this section; section 14 of chapter 2009-96,
  389  Laws of Florida, as reauthorized by section 47 of chapter 2010
  390  147, Laws of Florida; section 46 of chapter 2010-147, Laws of
  391  Florida; section 74 of chapter 2011-139, Laws of Florida; or
  392  section 79 of chapter 2011-139, Laws of Florida, may not exceed
  393  4 years in total. Further, specific development order extensions
  394  granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
  395  not be further extended by this section.
  396         (2)The commencement and completion dates for any required
  397  mitigation associated with a phased construction project shall
  398  be extended so that mitigation takes place in the same timeframe
  399  relative to the phase as originally permitted.
  400         (3)The holder of a valid permit or other authorization
  401  that is eligible for the 2-year extension must notify the
  402  authorizing agency in writing by December 31, 2012, identifying
  403  the specific authorization for which the holder intends to use
  404  the extension and the anticipated timeframe for acting on the
  405  authorization.
  406         (4)The extension provided for in subsection (1) does not
  407  apply to:
  408         (a)A permit or other authorization under any programmatic
  409  or regional general permit issued by the Army Corps of
  410  Engineers.
  411         (b)A permit or other authorization held by an owner or
  412  operator determined to be in significant noncompliance with the
  413  conditions of the permit or authorization as established through
  414  the issuance of a warning letter or notice of violation, the
  415  initiation of formal enforcement, or other equivalent action by
  416  the authorizing agency.
  417         (c)A permit or other authorization that, if granted an
  418  extension, would delay or prevent compliance with a court order.
  419         (5) Permits extended under this section shall continue to
  420  be governed by the rules in effect at the time the permit was
  421  issued, except if it is demonstrated that the rules in effect at
  422  the time the permit was issued would create an immediate threat
  423  to public safety or health. This provision applies to any
  424  modification of the plans, terms, and conditions of the permit
  425  which lessens the environmental impact, except that any such
  426  modification does not extend the time limit beyond 2 additional
  427  years.
  428         (6) This section does not impair the authority of a county
  429  or municipality to require the owner of a property that has
  430  notified the county or municipality of the owner’s intent to
  431  receive the extension of time granted pursuant to this section
  432  to maintain and secure the property in a safe and sanitary
  433  condition in compliance with applicable laws and ordinances.
  434         Section 6. This act shall take effect July 1, 2012.