HB 979

1
A bill to be entitled
2An act relating to developments of regional impact;
3amending s. 163.3184, F.S.; requiring that plan
4amendments proposing a development that is exempt from
5review as a development of regional impact follow the
6state coordinated review process; amending s. 380.06,
7F.S.; requiring that reviewing agencies make only
8recommendations and comments regarding a proposed
9development which are consistent with statutes, rules,
10or adopted local ordinances that are applicable to all
11developments in the jurisdiction where the proposed
12development is located; providing legislative intent
13regarding the issues that may be considered during the
14development-of-regional-impact review process;
15revising provisions relating to regional reports
16prepared and submitted by a regional planning agency;
17requiring that a regional planning agency make
18recommendations in its regional report which are
19consistent with the standards of state permitting
20agencies and the water management district or the
21adopted local government land development regulations
22if such standards are not applicable; providing that
23changes to a development order which do not increase
24the number of external peak hour trips and do not
25reduce open space and conserved areas within a project
26are not substantial deviations; providing an exemption
27from development-of-regional-impact review for any
28proposed development that a local government elects
29not to apply the review process if a comprehensive
30plan amendment for the development is adopted pursuant
31to the state coordinated review process; providing
32exceptions; amending s. 380.115, F.S.; requiring that
33a local government having jurisdiction rescind a
34development-of-regional-impact development order, upon
35request, and upon a showing that all required
36mitigation related to the amount of development that
37existed on the date of rescission will be completed
38under a permit or other authorization issued by a
39governmental agency; providing an effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Paragraph (c) of subsection (2) of section
44163.3184, Florida Statutes, is amended to read:
45     163.3184  Process for adoption of comprehensive plan or
46plan amendment.-
47     (2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
48     (c)  Plan amendments that are in an area of critical state
49concern designated pursuant to s. 380.05; propose a rural land
50stewardship area pursuant to s. 163.3248; propose a sector plan
51pursuant to s. 163.3245; update a comprehensive plan based on an
52evaluation and appraisal pursuant to s. 163.3191; propose a
53development pursuant to s. 380.06(24)(x); or are new plans for
54newly incorporated municipalities adopted pursuant to s.
55163.3167 shall follow the state coordinated review process in
56subsection (4).
57     Section 2.  Paragraphs (a) and (b) of subsection (7),
58subsection (12), and paragraph (e) of subsection (19) of section
59380.06, Florida Statutes, are amended, and paragraph (x) is
60added to subsection (24) of that section, to read:
61     380.06  Developments of regional impact.-
62     (7)  PREAPPLICATION PROCEDURES.-
63     (a)  Before filing an application for development approval,
64the developer shall contact the regional planning agency having
65with jurisdiction over the proposed development to arrange a
66preapplication conference. Upon the request of the developer or
67the regional planning agency, other affected state and regional
68agencies shall participate in this conference and shall identify
69the types of permits issued by the agencies, the level of
70information required, and the permit issuance procedures as
71applied to the proposed development. The levels of service
72required in the transportation methodology shall be the same
73levels of service used to evaluate concurrency in accordance
74with s. 163.3180. The regional planning agency shall provide the
75developer information about the development-of-regional-impact
76process and the use of preapplication conferences to identify
77issues, coordinate appropriate state and local agency
78requirements, and otherwise promote a proper and efficient
79review of the proposed development. If an agreement is reached
80regarding assumptions and methodology to be used in the
81application for development approval, the reviewing agencies may
82not subsequently object to those assumptions and methodologies
83unless subsequent changes to the project or information obtained
84during the review make those assumptions and methodologies
85inappropriate. The reviewing agencies may make only
86recommendations or comments regarding a proposed development
87which are consistent with the statutes, rules, or adopted local
88government ordinances that are applicable to all developments in
89the jurisdiction where the proposed development is located.
90     (b)  The regional planning agency shall establish by rule a
91procedure by which a developer may enter into binding written
92agreements with the regional planning agency to eliminate
93questions from the application for development approval when
94those questions are found to be unnecessary for development-of-
95regional-impact review. It is the legislative intent of this
96subsection to encourage the reduction of paperwork, to
97discourage the unnecessary gathering of data, and to encourage
98the coordination of the development-of-regional-impact review
99process with federal, state, and local environmental reviews
100when such reviews are required by law. It is also the
101legislative intent of this subsection to limit development-of-
102regional-impact review to issues directly related to land use,
103environmental protection, and public facilities, including
104transportation. However, issues regarding hurricane preparedness
105and affordable housing may be considered if the local government
106has adopted an ordinance that generally applies to all other
107developments. Any other issue may not be considered during the
108development-of-regional-impact review.
109     (12)  REGIONAL REPORTS.-
110     (a)  Within 50 days after receipt of the notice of public
111hearing required in paragraph (11)(c), the regional planning
112agency, if one has been designated for the area including the
113local government, shall prepare and submit to the local
114government a report and recommendations on the regional impact
115of the proposed development. In preparing its report and
116recommendations, the regional planning agency shall identify
117regional issues based upon the following review criteria and
118make recommendations to the local government on these regional
119issues, specifically considering whether, and the extent to
120which:
121     1.  The development will have a favorable or unfavorable
122impact on state or regional resources or facilities identified
123in the applicable state or regional plans. As used in For the
124purposes of this subsection, the term "applicable state plan"
125means the state comprehensive plan. As used in For the purposes
126of this subsection, the term "applicable regional plan" means an
127adopted comprehensive regional policy plan until the adoption of
128a strategic regional policy plan pursuant to s. 186.508, and
129thereafter means an adopted strategic regional policy plan.
130     2.  The development will significantly impact adjacent
131jurisdictions. At the request of the appropriate local
132government, regional planning agencies may also review and
133comment upon issues that affect only the requesting local
134government.
135     3.  As one of the issues considered in the review in
136subparagraphs 1. and 2., the development will favorably or
137adversely affect the ability of people to find adequate housing
138reasonably accessible to their places of employment if the local
139government has adopted an affordable housing ordinance that
140generally applies to all other developments. The determination
141should take into account information on factors that are
142relevant to the availability of reasonably accessible adequate
143housing. Adequate housing means housing that is available for
144occupancy and that is not substandard.
145     4.  As one of the issues considered in the review in
146subparagraphs 1. and 2., the development will favorably or
147adversely affect hurricane preparedness if the local government
148has adopted a hurricane preparedness ordinance that generally
149applies to all other developments.
150     (b)  The regional planning agency report must contain
151recommendations that are consistent with the standards required
152by the applicable state permitting agencies or the water
153management district or that are consistent with the land
154development regulations adopted by the local government if a
155state permitting agency or water management district standard is
156not applicable. The regional planning agency may not recommend a
157standard unless the local government has adopted the same
158standard in its land development regulations or in an ordinance
159that generally applies to all other developments or unless the
160standard is required by state permitting agencies or the water
161management district.
162     (c)(b)  At the request of the regional planning agency,
163other appropriate agencies shall review the proposed development
164and shall prepare reports and recommendations on issues that are
165clearly within the jurisdiction of those agencies. Such agency
166reports shall become part of the regional planning agency
167report; however, the regional planning agency may attach
168dissenting views. When water management district and Department
169of Environmental Protection permits have been issued pursuant to
170chapter 373 or chapter 403, the regional planning council may
171comment on the regional implications of the permits but may not
172offer conflicting recommendations.
173     (d)(c)  The regional planning agency shall afford the
174developer or any substantially affected party reasonable
175opportunity to present evidence to the regional planning agency
176head relating to the proposed regional agency report and
177recommendations.
178     (e)(d)  If When the location of a proposed development
179involves land within the boundaries of multiple regional
180planning councils, the state land planning agency shall
181designate a lead regional planning council. The lead regional
182planning council shall prepare the regional report.
183     (19)  SUBSTANTIAL DEVIATIONS.-
184     (e)1.  Except for a development order rendered pursuant to
185subsection (22) or subsection (25), a proposed change to a
186development order which that individually or cumulatively with
187any previous change is less than any numerical criterion
188contained in subparagraphs (b)1.-10. and does not exceed any
189other criterion, or which that involves an extension of the
190buildout date of a development, or any phase thereof, of less
191than 5 years is not subject to the public hearing requirements
192of subparagraph (f)3., and is not subject to a determination
193pursuant to subparagraph (f)5. Notice of the proposed change
194shall be made to the regional planning council and the state
195land planning agency. Such notice must shall include a
196description of previous individual changes made to the
197development, including changes previously approved by the local
198government, and must shall include appropriate amendments to the
199development order.
200     2.  The following changes, individually or cumulatively
201with any previous changes, are not substantial deviations:
202     a.  Changes in the name of the project, developer, owner,
203or monitoring official.
204     b.  Changes to a setback which that do not affect noise
205buffers, environmental protection or mitigation areas, or
206archaeological or historical resources.
207     c.  Changes to minimum lot sizes.
208     d.  Changes in the configuration of internal roads which
209that do not affect external access points.
210     e.  Changes to the building design or orientation which
211that stay approximately within the approved area designated for
212such building and parking lot, and which do not affect
213historical buildings designated as significant by the Division
214of Historical Resources of the Department of State.
215     f.  Changes to increase the acreage in the development, if
216provided that no development is proposed on the acreage to be
217added.
218     g.  Changes to eliminate an approved land use, if provided
219that there are no additional regional impacts.
220     h.  Changes required to conform to permits approved by any
221federal, state, or regional permitting agency, if provided that
222these changes do not create additional regional impacts.
223     i.  Any renovation or redevelopment of development within a
224previously approved development of regional impact which does
225not change land use or increase density or intensity of use.
226     j.  Changes that modify boundaries and configuration of
227areas described in subparagraph (b)11. due to science-based
228refinement of such areas by survey, by habitat evaluation, by
229other recognized assessment methodology, or by an environmental
230assessment. In order for changes to qualify under this sub-
231subparagraph, the survey, habitat evaluation, or assessment must
232occur before prior to the time that a conservation easement
233protecting such lands is recorded and must not result in any net
234decrease in the total acreage of the lands specifically set
235aside for permanent preservation in the final development order.
236     k.  Changes that do not increase the number of external
237peak hour trips and do not reduce open space and conserved areas
238within the project except as otherwise permitted by sub-
239subparagraph j.
240     l.k.  Any other change that which the state land planning
241agency, in consultation with the regional planning council,
242agrees in writing is similar in nature, impact, or character to
243the changes enumerated in sub-subparagraphs a.-k. a.-j. and that
244which does not create the likelihood of any additional regional
245impact.
246
247This subsection does not require the filing of a notice of
248proposed change but requires shall require an application to the
249local government to amend the development order in accordance
250with the local government's procedures for amendment of a
251development order. In accordance with the local government's
252procedures, including requirements for notice to the applicant
253and the public, the local government shall either deny the
254application for amendment or adopt an amendment to the
255development order which approves the application with or without
256conditions. Following adoption, the local government shall
257render to the state land planning agency the amendment to the
258development order. The state land planning agency may appeal,
259pursuant to s. 380.07(3), the amendment to the development order
260if the amendment involves sub-subparagraph g., sub-subparagraph
261h., sub-subparagraph j., or sub-subparagraph k., or sub-
262subparagraph l. and if the agency it believes that the change
263creates a reasonable likelihood of new or additional regional
264impacts.
265     3.  Except for the change authorized by sub-subparagraph
2662.f., any addition of land not previously reviewed or any change
267not specified in paragraph (b) or paragraph (c) shall be
268presumed to create a substantial deviation. This presumption may
269be rebutted by clear and convincing evidence.
270     4.  Any submittal of a proposed change to a previously
271approved development must shall include a description of
272individual changes previously made to the development, including
273changes previously approved by the local government. The local
274government shall consider the previous and current proposed
275changes in deciding whether such changes cumulatively constitute
276a substantial deviation requiring further development-of-
277regional-impact review.
278     5.  The following changes to an approved development of
279regional impact shall be presumed to create a substantial
280deviation. Such presumption may be rebutted by clear and
281convincing evidence.
282     a.  A change proposed for 15 percent or more of the acreage
283to a land use not previously approved in the development order.
284Changes of less than 15 percent shall be presumed not to create
285a substantial deviation.
286     b.  Notwithstanding any provision of paragraph (b) to the
287contrary, a proposed change consisting of simultaneous increases
288and decreases of at least two of the uses within an authorized
289multiuse development of regional impact which was originally
290approved with three or more uses specified in s. 380.0651(3)(c),
291(d), and (e) and residential use.
292     6.  If a local government agrees to a proposed change, a
293change in the transportation proportionate share calculation and
294mitigation plan in an adopted development order as a result of
295recalculation of the proportionate share contribution meeting
296the requirements of s. 163.3180(5)(h) in effect as of the date
297of such change shall be presumed not to create a substantial
298deviation. For purposes of this subsection, the proposed change
299in the proportionate share calculation or mitigation plan may
300shall not be considered an additional regional transportation
301impact.
302     (24)  STATUTORY EXEMPTIONS.-
303     (x)  Any proposed development for which a local government
304elects not to apply the development-of-regional-impact review
305process, if a comprehensive plan amendment for the development
306is adopted pursuant to the state coordinated review process in
307s. 163.3184(4), is exempt from this section. This exemption does
308not apply to areas within the boundary of any area of critical
309state concern designated pursuant to s. 380.05, within the
310boundary of the Wekiva Study Area as described in s. 369.316, or
311within 2 miles of the boundary of the Everglades Protection Area
312as defined in s. 373.4592(2).
313
314If a use is exempt from review as a development of regional
315impact under paragraphs (a)-(u), but will be part of a larger
316project that is subject to review as a development of regional
317impact, the impact of the exempt use must be included in the
318review of the larger project, unless such exempt use involves a
319development of regional impact that includes a landowner,
320tenant, or user that has entered into a funding agreement with
321the Department of Economic Opportunity under the Innovation
322Incentive Program and the agreement contemplates a state award
323of at least $50 million.
324     Section 3.  Subsection (1) of section 380.115, Florida
325Statutes, is amended to read:
326     380.115  Vested rights and duties; effect of size
327reduction, changes in guidelines and standards.-
328     (1)  A change in a development-of-regional-impact guideline
329and standard does not abridge or modify any vested or other
330right or any duty or obligation pursuant to any development
331order or agreement that is applicable to a development of
332regional impact. A development that has received a development-
333of-regional-impact development order pursuant to s. 380.06, but
334is no longer required to undergo development-of-regional-impact
335review by operation of a change in the guidelines and standards
336or has reduced its size below the thresholds in s. 380.0651, or
337a development that is exempt pursuant to s. 380.06(24) or (29)
338380.06(29) shall be governed by the following procedures:
339     (a)  The development shall continue to be governed by the
340development-of-regional-impact development order and may be
341completed in reliance upon and pursuant to the development order
342unless the developer or landowner has followed the procedures
343for rescission in paragraph (b). Any proposed changes to those
344developments which continue to be governed by a development
345order shall be approved pursuant to s. 380.06(19) as it existed
346before prior to a change in the development-of-regional-impact
347guidelines and standards, except that all percentage criteria
348shall be doubled and all other criteria shall be increased by 10
349percent. The development-of-regional-impact development order
350may be enforced by the local government as provided by ss.
351380.06(17) and 380.11.
352     (b)  If requested by the developer or landowner, the
353development-of-regional-impact development order shall be
354rescinded by the local government having jurisdiction upon a
355showing that all required mitigation related to the amount of
356development that existed on the date of rescission has been
357completed or will be completed under a permit or other
358authorization issued by a governmental agency as defined in s.
359380.031(6).
360     Section 4.  This act shall take effect July 1, 2012.


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