Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1244
       
       
       
       
       
                               Ì113064~Î113064                          
       
       576-03010A-18                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         165.0615, F.S.; adding a minimum population standard
    4         as a criteria that must be met before qualified
    5         electors of an independent special district commence a
    6         certain municipal conversion proceeding; amending s.
    7         380.06, F.S.; revising the statewide guidelines and
    8         standards for developments of regional impact;
    9         deleting criteria that the Administration Commission
   10         is required to consider in adopting its guidelines and
   11         standards; revising provisions relating to the
   12         application of guidelines and standards; revising
   13         provisions relating to variations and thresholds for
   14         such guidelines and standards; deleting provisions
   15         relating to the issuance of binding letters;
   16         specifying that previously issued letters remain valid
   17         unless previously expired; specifying the procedure
   18         for amending a binding letter of interpretation;
   19         specifying that previously issued clearance letters
   20         remain valid unless previously expired; deleting
   21         provisions relating to authorizations to develop,
   22         applications for approval of development, concurrent
   23         plan amendments, preapplication procedures,
   24         preliminary development agreements, conceptual agency
   25         review, application sufficiency, local notice,
   26         regional reports, and criteria for the approval of
   27         developments inside and outside areas of critical
   28         state concern; revising provisions relating to local
   29         government development orders; specifying that
   30         amendments to a development order for an approved
   31         development may not amend to an earlier date the date
   32         before when a development would be subject to
   33         downzoning, unit density reduction, or intensity
   34         reduction, except under certain conditions; removing a
   35         requirement that certain conditions of a development
   36         order meet specified criteria; specifying that
   37         construction of certain mitigation-of-impact
   38         facilities is not subject to competitive bidding or
   39         competitive negotiation for selection of a contractor
   40         or design professional; removing requirements relating
   41         to local government approval of developments of
   42         regional impact that do not meet certain requirements;
   43         removing a requirement that the Department of Economic
   44         Opportunity and other agencies cooperate in preparing
   45         certain ordinances; authorizing developers to record
   46         notice of certain rescinded development orders;
   47         specifying that certain agreements regarding
   48         developments that are essentially built out remain
   49         valid unless previously expired; deleting requirements
   50         for a local government to issue a permit for a
   51         development subsequent to the buildout date contained
   52         in the development order; specifying that amendments
   53         to development orders do not diminish or otherwise
   54         alter certain credits for a development order exaction
   55         or fee against impact fees, mobility fees, or
   56         exactions; deleting a provision relating to the
   57         determination of certain credits for impact fees or
   58         extractions; deleting a provision exempting a
   59         nongovernmental developer from being required to
   60         competitively bid or negotiate construction or design
   61         of certain facilities except under certain
   62         circumstances; specifying that certain capital
   63         contribution front-ending agreements remain valid
   64         unless previously expired; deleting a provision
   65         relating to local monitoring; revising requirements
   66         for developers regarding reporting to local
   67         governments and specifying that such reports are not
   68         required unless required by a local government with
   69         jurisdiction over a development; revising the
   70         requirements and procedure for proposed changes to a
   71         previously approved development of regional impact and
   72         deleting rulemaking requirements relating to such
   73         procedure; revising provisions relating to the
   74         approval of such changes; specifying that certain
   75         extensions previously granted by statute are still
   76         valid and not subject to review or modification;
   77         deleting provisions relating to determinations as to
   78         whether a proposed change is a substantial deviation;
   79         deleting provisions relating to comprehensive
   80         development-of-regional-impact applications and master
   81         plan development orders; specifying that certain
   82         agreements that include two or more developments of
   83         regional impact which were the subject of a
   84         comprehensive development-of-regional-impact
   85         application remain valid unless previously expired;
   86         deleting provisions relating to downtown development
   87         authorities; deleting provisions relating to adoption
   88         of rules by the state land planning agency; deleting
   89         statutory exemptions from development-of-regional
   90         impact review; specifying that an approval of an
   91         authorized developer for an areawide development of
   92         regional impact remains valid unless previously
   93         expired; deleting provisions relating to areawide
   94         developments of regional impact; deleting an
   95         authorization for the state land planning agency to
   96         adopt rules relating to abandonment of developments of
   97         regional impact; requiring local governments to file a
   98         notice of abandonment under certain conditions;
   99         deleting an authorization for the state land planning
  100         agency to adopt a procedure for filing such notice;
  101         requiring a development-of-regional-impact development
  102         order to be abandoned by a local government under
  103         certain conditions; deleting a provision relating to
  104         abandonment of developments of regional impact in
  105         certain high-hazard coastal areas; authorizing local
  106         governments to approve abandonment of development
  107         orders for an approved development under certain
  108         conditions; deleting a provision relating to rights,
  109         responsibilities, and obligations under a development
  110         order; deleting partial exemptions from development-of
  111         regional-impact review; deleting exemptions for dense
  112         urban land areas; specifying that proposed
  113         developments that exceed the statewide guidelines and
  114         standards and that are not otherwise exempt be
  115         approved by local governments instead of through
  116         specified development-of-regional-impact proceedings;
  117         amending s. 380.061, F.S.; specifying that the Florida
  118         Quality Developments program only applies to
  119         previously approved developments in the program before
  120         the effective date of the act; specifying a process
  121         for local governments to adopt a local development
  122         order to replace and supersede the development order
  123         adopted by the state land planning agency for the
  124         Florida Quality Developments; deleting program intent,
  125         eligibility requirements, rulemaking authorizations,
  126         and application and approval requirements and
  127         processes; deleting an appeals process and the Quality
  128         Developments Review Board; amending s. 380.0651, F.S.;
  129         deleting provisions relating to the superseding of
  130         guidelines and standards adopted by the Administration
  131         Commission and the publishing of guidelines and
  132         standards by the Administration Commission; conforming
  133         a provision to changes made by the act; specifying
  134         exemptions and partial exemptions from development-of
  135         regional-impact review; deleting provisions relating
  136         to determining whether there is a unified plan of
  137         development; deleting provisions relating to the
  138         circumstances where developments should be aggregated;
  139         deleting a provision relating to prospective
  140         application of certain provisions; deleting a
  141         provision authorizing state land planning agencies to
  142         enter into agreements for the joint planning, sharing,
  143         or use of specified public infrastructure, facilities,
  144         or services by developers; deleting an authorization
  145         for the state land planning agency to adopt rules;
  146         amending s. 380.07, F.S.; deleting an authorization
  147         for the Florida Land and Water Adjudicatory Commission
  148         to adopt rules regarding the requirements for
  149         developments of regional impact; revising when a local
  150         government must transmit a development order to the
  151         state land planning agency, the regional planning
  152         agency, and the owner or developer of the property
  153         affected by such order; deleting a process for
  154         regional planning agencies to undertake appeals of
  155         development-of-regional-impact development orders;
  156         revising a process for appealing development orders
  157         for consistency with a local comprehensive plan to be
  158         available only for developments in areas of critical
  159         state concern; deleting a procedure regarding certain
  160         challenges to development orders relating to
  161         developments of regional impact; amending s. 380.115,
  162         F.S.; deleting a provision relating to changes in
  163         development-of-regional-impact guidelines and
  164         standards and the impact of such changes on vested
  165         rights, duties, and obligations pursuant to any
  166         development order or agreement; requiring local
  167         governments to monitor and enforce development orders
  168         and prohibiting local governments from issuing
  169         permits, approvals, or extensions of services if a
  170         developer does not act in substantial compliance with
  171         an order; deleting provisions relating to changes in
  172         development of regional impact guidelines and
  173         standards and their impact on the development approval
  174         process; amending s. 125.68, F.S.; conforming a cross
  175         reference; amending s. 163.3245, F.S.; conforming
  176         cross-references; conforming provisions to changes
  177         made by the act; revising the circumstances in which
  178         applicants who apply for master development approval
  179         for an entire planning area must remain subject to a
  180         master development order; specifying an exception;
  181         deleting a provision relating to the level of review
  182         for applications for master development approval;
  183         amending s. 163.3246, F.S.; conforming provisions to
  184         changes made by the act; conforming cross-references;
  185         amending s. 189.08, F.S.; conforming a cross
  186         reference; conforming a provision to changes made by
  187         the act; amending s. 190.005, F.S.; conforming cross
  188         references; amending ss. 190.012 and 252.363, F.S.;
  189         conforming cross-references; amending s. 369.303,
  190         F.S.; conforming a provision to changes made by the
  191         act; amending ss. 369.307, 373.236, and 373.414, F.S.;
  192         conforming cross-references; amending s. 378.601,
  193         F.S.; conforming a provision to changes made by the
  194         act; repealing s. 380.065, F.S., relating to a process
  195         to allow local governments to request certification to
  196         review developments of regional impact that are
  197         located within their jurisdictions in lieu of the
  198         regional review requirements; amending ss. 380.11 and
  199         403.524, F.S.; conforming cross-references; repealing
  200         specified rules regarding uniform review of
  201         developments of regional impact by the state land
  202         planning agency and regional planning agencies;
  203         repealing the rules adopted by the Administration
  204         Commission regarding whether two or more developments,
  205         represented by their owners or developers to be
  206         separate developments, shall be aggregated; providing
  207         a directive to the Division of Law Revision and
  208         Information; providing an effective date.
  209          
  210  Be It Enacted by the Legislature of the State of Florida:
  211  
  212         Section 1. Subsection (1) of section 165.0615, Florida
  213  Statutes, is amended to read:
  214         165.0615 Municipal conversion of independent special
  215  districts upon elector-initiated and approved referendum.—
  216         (1) The qualified electors of an independent special
  217  district may commence a municipal conversion proceeding by
  218  filing a petition with the governing body of the independent
  219  special district proposed to be converted if the district meets
  220  all of the following criteria:
  221         (a) It was created by special act of the Legislature.
  222         (b) It is designated as an improvement district and created
  223  pursuant to chapter 298 or is designated as a stewardship
  224  district and created pursuant to s. 189.031.
  225         (c) Its governing board is elected.
  226         (d) Its governing board agrees to the conversion.
  227         (e) It provides at least four of the following municipal
  228  services: water, sewer, solid waste, drainage, roads,
  229  transportation, public works, fire and rescue, street lighting,
  230  parks and recreation, or library or cultural facilities.
  231         (f) No portion of the district is located within the
  232  jurisdictional limits of a municipality.
  233         (g) It meets the minimum population standards specified in
  234  s. 165.061(1)(b).
  235         Section 2. Section 380.06, Florida Statutes, is amended to
  236  read:
  237         380.06 Developments of regional impact.—
  238         (1) DEFINITION.—The term “development of regional impact,”
  239  as used in this section, means any development that which,
  240  because of its character, magnitude, or location, would have a
  241  substantial effect upon the health, safety, or welfare of
  242  citizens of more than one county.
  243         (2) STATEWIDE GUIDELINES AND STANDARDS.—
  244         (a) The statewide guidelines and standards and the
  245  exemptions specified in s. 380.0651 and the statewide guidelines
  246  and standards adopted by the Administration Commission and
  247  codified in chapter 28-24, Florida Administrative Code, must be
  248  state land planning agency shall recommend to the Administration
  249  Commission specific statewide guidelines and standards for
  250  adoption pursuant to this subsection. The Administration
  251  Commission shall by rule adopt statewide guidelines and
  252  standards to be used in determining whether particular
  253  developments are subject to the requirements of subsection (12)
  254  shall undergo development-of-regional-impact review. The
  255  statewide guidelines and standards previously adopted by the
  256  Administration Commission and approved by the Legislature shall
  257  remain in effect unless revised pursuant to this section or
  258  superseded or repealed by statute by other provisions of law.
  259         (b) In adopting its guidelines and standards, the
  260  Administration Commission shall consider and shall be guided by:
  261         1. The extent to which the development would create or
  262  alleviate environmental problems such as air or water pollution
  263  or noise.
  264         2. The amount of pedestrian or vehicular traffic likely to
  265  be generated.
  266         3. The number of persons likely to be residents, employees,
  267  or otherwise present.
  268         4. The size of the site to be occupied.
  269         5. The likelihood that additional or subsidiary development
  270  will be generated.
  271         6. The extent to which the development would create an
  272  additional demand for, or additional use of, energy, including
  273  the energy requirements of subsidiary developments.
  274         7. The unique qualities of particular areas of the state.
  275         (c) With regard to the changes in the guidelines and
  276  standards authorized pursuant to this act, in determining
  277  whether a proposed development must comply with the review
  278  requirements of this section, the state land planning agency
  279  shall apply the guidelines and standards which were in effect
  280  when the developer received authorization to commence
  281  development from the local government. If a developer has not
  282  received authorization to commence development from the local
  283  government prior to the effective date of new or amended
  284  guidelines and standards, the new or amended guidelines and
  285  standards shall apply.
  286         (d) The statewide guidelines and standards shall be applied
  287  as follows:
  288         (a)1. Fixed thresholds.—
  289         a. A development that is below 100 percent of all numerical
  290  thresholds in the statewide guidelines and standards is not
  291  subject to subsection (12) is not required to undergo
  292  development-of-regional-impact review.
  293         (b)b. A development that is at or above 100 120 percent of
  294  any numerical threshold in the statewide guidelines and
  295  standards is subject to subsection (12) shall be required to
  296  undergo development-of-regional-impact review.
  297         c. Projects certified under s. 403.973 which create at
  298  least 100 jobs and meet the criteria of the Department of
  299  Economic Opportunity as to their impact on an area’s economy,
  300  employment, and prevailing wage and skill levels that are at or
  301  below 100 percent of the numerical thresholds for industrial
  302  plants, industrial parks, distribution, warehousing or
  303  wholesaling facilities, office development or multiuse projects
  304  other than residential, as described in s. 380.0651(3)(c) and
  305  (f) are not required to undergo development-of-regional-impact
  306  review.
  307         2. Rebuttable presumption.—It shall be presumed that a
  308  development that is at 100 percent or between 100 and 120
  309  percent of a numerical threshold shall be required to undergo
  310  development-of-regional-impact review.
  311         (e) With respect to residential, hotel, motel, office, and
  312  retail developments, the applicable guidelines and standards
  313  shall be increased by 50 percent in urban central business
  314  districts and regional activity centers of jurisdictions whose
  315  local comprehensive plans are in compliance with part II of
  316  chapter 163. With respect to multiuse developments, the
  317  applicable individual use guidelines and standards for
  318  residential, hotel, motel, office, and retail developments and
  319  multiuse guidelines and standards shall be increased by 100
  320  percent in urban central business districts and regional
  321  activity centers of jurisdictions whose local comprehensive
  322  plans are in compliance with part II of chapter 163, if one land
  323  use of the multiuse development is residential and amounts to
  324  not less than 35 percent of the jurisdiction’s applicable
  325  residential threshold. With respect to resort or convention
  326  hotel developments, the applicable guidelines and standards
  327  shall be increased by 150 percent in urban central business
  328  districts and regional activity centers of jurisdictions whose
  329  local comprehensive plans are in compliance with part II of
  330  chapter 163 and where the increase is specifically for a
  331  proposed resort or convention hotel located in a county with a
  332  population greater than 500,000 and the local government
  333  specifically designates that the proposed resort or convention
  334  hotel development will serve an existing convention center of
  335  more than 250,000 gross square feet built before July 1, 1992.
  336  The applicable guidelines and standards shall be increased by
  337  150 percent for development in any area designated by the
  338  Governor as a rural area of opportunity pursuant to s. 288.0656
  339  during the effectiveness of the designation.
  340         (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
  341  STANDARDS.—The state land planning agency, a regional planning
  342  agency, or a local government may petition the Administration
  343  Commission to increase or decrease the numerical thresholds of
  344  any statewide guideline and standard. The state land planning
  345  agency or the regional planning agency may petition for an
  346  increase or decrease for a particular local government’s
  347  jurisdiction or a part of a particular jurisdiction. A local
  348  government may petition for an increase or decrease within its
  349  jurisdiction or a part of its jurisdiction. A number of requests
  350  may be combined in a single petition.
  351         (a) When a petition is filed, the state land planning
  352  agency shall have no more than 180 days to prepare and submit to
  353  the Administration Commission a report and recommendations on
  354  the proposed variation. The report shall evaluate, and the
  355  Administration Commission shall consider, the following
  356  criteria:
  357         1. Whether the local government has adopted and effectively
  358  implemented a comprehensive plan that reflects and implements
  359  the goals and objectives of an adopted state comprehensive plan.
  360         2. Any applicable policies in an adopted strategic regional
  361  policy plan.
  362         3. Whether the local government has adopted and effectively
  363  implemented both a comprehensive set of land development
  364  regulations, which regulations shall include a planned unit
  365  development ordinance, and a capital improvements plan that are
  366  consistent with the local government comprehensive plan.
  367         4. Whether the local government has adopted and effectively
  368  implemented the authority and the fiscal mechanisms for
  369  requiring developers to meet development order conditions.
  370         5. Whether the local government has adopted and effectively
  371  implemented and enforced satisfactory development review
  372  procedures.
  373         (b) The affected regional planning agency, adjoining local
  374  governments, and the local government shall be given a
  375  reasonable opportunity to submit recommendations to the
  376  Administration Commission regarding any such proposed
  377  variations.
  378         (c) The Administration Commission shall have authority to
  379  increase or decrease a threshold in the statewide guidelines and
  380  standards up to 50 percent above or below the statewide
  381  presumptive threshold. The commission may from time to time
  382  reconsider changed thresholds and make additional variations as
  383  it deems necessary.
  384         (d) The Administration Commission shall adopt rules setting
  385  forth the procedures for submission and review of petitions
  386  filed pursuant to this subsection.
  387         (e) Variations to guidelines and standards adopted by the
  388  Administration Commission under this subsection shall be
  389  transmitted on or before March 1 to the President of the Senate
  390  and the Speaker of the House of Representatives for presentation
  391  at the next regular session of the Legislature. Unless approved
  392  as submitted by general law, the revisions shall not become
  393  effective.
  394         (3)(4) BINDING LETTER.—
  395         (a) Any binding letter previously issued to a developer by
  396  the state land planning agency as to If any developer is in
  397  doubt whether his or her proposed development must undergo
  398  development-of-regional-impact review under the guidelines and
  399  standards, whether his or her rights have vested pursuant to
  400  subsection (8) (20), or whether a proposed substantial change to
  401  a development of regional impact concerning which rights had
  402  previously vested pursuant to subsection (8) (20) would divest
  403  such rights, remains valid unless it expired on or before the
  404  effective date of this act the developer may request a
  405  determination from the state land planning agency. The developer
  406  or the appropriate local government having jurisdiction may
  407  request that the state land planning agency determine whether
  408  the amount of development that remains to be built in an
  409  approved development of regional impact meets the criteria of
  410  subparagraph (15)(g)3.
  411         (b) Upon a request by the developer, a binding letter of
  412  interpretation regarding which rights had previously vested in a
  413  development of regional impact may be amended by the local
  414  government of jurisdiction, based on standards and procedures in
  415  the adopted local comprehensive plan or the adopted local land
  416  development code, to reflect a change to the plan of development
  417  and modification of vested rights, provided that any such
  418  amendment to a binding letter of vested rights must be
  419  consistent with s. 163.3167(5). Review of a request for an
  420  amendment to a binding letter of vested rights may not include a
  421  review of the impacts created by previously vested portions of
  422  the development Unless a developer waives the requirements of
  423  this paragraph by agreeing to undergo development-of-regional
  424  impact review pursuant to this section, the state land planning
  425  agency or local government with jurisdiction over the land on
  426  which a development is proposed may require a developer to
  427  obtain a binding letter if the development is at a presumptive
  428  numerical threshold or up to 20 percent above a numerical
  429  threshold in the guidelines and standards.
  430         (c) Any local government may petition the state land
  431  planning agency to require a developer of a development located
  432  in an adjacent jurisdiction to obtain a binding letter of
  433  interpretation. The petition shall contain facts to support a
  434  finding that the development as proposed is a development of
  435  regional impact. This paragraph shall not be construed to grant
  436  standing to the petitioning local government to initiate an
  437  administrative or judicial proceeding pursuant to this chapter.
  438         (d) A request for a binding letter of interpretation shall
  439  be in writing and in such form and content as prescribed by the
  440  state land planning agency. Within 15 days of receiving an
  441  application for a binding letter of interpretation or a
  442  supplement to a pending application, the state land planning
  443  agency shall determine and notify the applicant whether the
  444  information in the application is sufficient to enable the
  445  agency to issue a binding letter or shall request any additional
  446  information needed. The applicant shall either provide the
  447  additional information requested or shall notify the state land
  448  planning agency in writing that the information will not be
  449  supplied and the reasons therefor. If the applicant does not
  450  respond to the request for additional information within 120
  451  days, the application for a binding letter of interpretation
  452  shall be deemed to be withdrawn. Within 35 days after
  453  acknowledging receipt of a sufficient application, or of
  454  receiving notification that the information will not be
  455  supplied, the state land planning agency shall issue a binding
  456  letter of interpretation with respect to the proposed
  457  development. A binding letter of interpretation issued by the
  458  state land planning agency shall bind all state, regional, and
  459  local agencies, as well as the developer.
  460         (e) In determining whether a proposed substantial change to
  461  a development of regional impact concerning which rights had
  462  previously vested pursuant to subsection (20) would divest such
  463  rights, the state land planning agency shall review the proposed
  464  change within the context of:
  465         1. Criteria specified in paragraph (19)(b);
  466         2. Its conformance with any adopted state comprehensive
  467  plan and any rules of the state land planning agency;
  468         3. All rights and obligations arising out of the vested
  469  status of such development;
  470         4. Permit conditions or requirements imposed by the
  471  Department of Environmental Protection or any water management
  472  district created by s. 373.069 or any of their successor
  473  agencies or by any appropriate federal regulatory agency; and
  474         5. Any regional impacts arising from the proposed change.
  475         (f) If a proposed substantial change to a development of
  476  regional impact concerning which rights had previously vested
  477  pursuant to subsection (20) would result in reduced regional
  478  impacts, the change shall not divest rights to complete the
  479  development pursuant to subsection (20). Furthermore, where all
  480  or a portion of the development of regional impact for which
  481  rights had previously vested pursuant to subsection (20) is
  482  demolished and reconstructed within the same approximate
  483  footprint of buildings and parking lots, so that any change in
  484  the size of the development does not exceed the criteria of
  485  paragraph (19)(b), such demolition and reconstruction shall not
  486  divest the rights which had vested.
  487         (c)(g) Every binding letter determining that a proposed
  488  development is not a development of regional impact, but not
  489  including binding letters of vested rights or of modification of
  490  vested rights, shall expire and become void unless the plan of
  491  development has been substantially commenced within:
  492         1. Three years from October 1, 1985, for binding letters
  493  issued prior to the effective date of this act; or
  494         2. Three years from the date of issuance of binding letters
  495  issued on or after October 1, 1985.
  496         (d)(h) The expiration date of a binding letter begins,
  497  established pursuant to paragraph (g), shall begin to run after
  498  final disposition of all administrative and judicial appeals of
  499  the binding letter and may be extended by mutual agreement of
  500  the state land planning agency, the local government of
  501  jurisdiction, and the developer.
  502         (e)(i)In response to an inquiry from a developer or the
  503  appropriate local government having jurisdiction, the state land
  504  planning agency may issue An informal determination by the state
  505  land planning agency, in the form of a clearance letter as to
  506  whether a development is required to undergo development-of
  507  regional-impact review or whether the amount of development that
  508  remains to be built in an approved development of regional
  509  impact, remains valid unless it expired on or before the
  510  effective date of this act meets the criteria of subparagraph
  511  (15)(g)3. A clearance letter may be based solely on the
  512  information provided by the developer, and the state land
  513  planning agency is not required to conduct an investigation of
  514  that information. If any material information provided by the
  515  developer is incomplete or inaccurate, the clearance letter is
  516  not binding upon the state land planning agency. A clearance
  517  letter does not constitute final agency action.
  518         (5) AUTHORIZATION TO DEVELOP.—
  519         (a)1. A developer who is required to undergo development
  520  of-regional-impact review may undertake a development of
  521  regional impact if the development has been approved under the
  522  requirements of this section.
  523         2. If the land on which the development is proposed is
  524  within an area of critical state concern, the development must
  525  also be approved under the requirements of s. 380.05.
  526         (b) State or regional agencies may inquire whether a
  527  proposed project is undergoing or will be required to undergo
  528  development-of-regional-impact review. If a project is
  529  undergoing or will be required to undergo development-of
  530  regional-impact review, any state or regional permit necessary
  531  for the construction or operation of the project that is valid
  532  for 5 years or less shall take effect, and the period of time
  533  for which the permit is valid shall begin to run, upon
  534  expiration of the time allowed for an administrative appeal of
  535  the development or upon final action following an administrative
  536  appeal or judicial review, whichever is later. However, if the
  537  application for development approval is not filed within 18
  538  months after the issuance of the permit, the time of validity of
  539  the permit shall be considered to be from the date of issuance
  540  of the permit. If a project is required to obtain a binding
  541  letter under subsection (4), any state or regional agency permit
  542  necessary for the construction or operation of the project that
  543  is valid for 5 years or less shall take effect, and the period
  544  of time for which the permit is valid shall begin to run, only
  545  after the developer obtains a binding letter stating that the
  546  project is not required to undergo development-of-regional
  547  impact review or after the developer obtains a development order
  548  pursuant to this section.
  549         (c) Prior to the issuance of a final development order, the
  550  developer may elect to be bound by the rules adopted pursuant to
  551  chapters 373 and 403 in effect when such development order is
  552  issued. The rules adopted pursuant to chapters 373 and 403 in
  553  effect at the time such development order is issued shall be
  554  applicable to all applications for permits pursuant to those
  555  chapters and which are necessary for and consistent with the
  556  development authorized in such development order, except that a
  557  later adopted rule shall be applicable to an application if:
  558         1. The later adopted rule is determined by the rule
  559  adopting agency to be essential to the public health, safety, or
  560  welfare;
  561         2. The later adopted rule is adopted pursuant to s.
  562  403.061(27);
  563         3. The later adopted rule is being adopted pursuant to a
  564  subsequently enacted statutorily mandated program;
  565         4. The later adopted rule is mandated in order for the
  566  state to maintain delegation of a federal program; or
  567         5. The later adopted rule is required by state or federal
  568  law.
  569         (d) The provision of day care service facilities in
  570  developments approved pursuant to this section is permissible
  571  but is not required.
  572  
  573  Further, in order for any developer to apply for permits
  574  pursuant to this provision, the application must be filed within
  575  5 years from the issuance of the final development order and the
  576  permit shall not be effective for more than 8 years from the
  577  issuance of the final development order. Nothing in this
  578  paragraph shall be construed to alter or change any permitting
  579  agency’s authority to approve permits or to determine applicable
  580  criteria for longer periods of time.
  581         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
  582  PLAN AMENDMENTS.—
  583         (a) Prior to undertaking any development, a developer that
  584  is required to undergo development-of-regional-impact review
  585  shall file an application for development approval with the
  586  appropriate local government having jurisdiction. The
  587  application shall contain, in addition to such other matters as
  588  may be required, a statement that the developer proposes to
  589  undertake a development of regional impact as required under
  590  this section.
  591         (b) Any local government comprehensive plan amendments
  592  related to a proposed development of regional impact, including
  593  any changes proposed under subsection (19), may be initiated by
  594  a local planning agency or the developer and must be considered
  595  by the local governing body at the same time as the application
  596  for development approval using the procedures provided for local
  597  plan amendment in s. 163.3184 and applicable local ordinances,
  598  without regard to local limits on the frequency of consideration
  599  of amendments to the local comprehensive plan. This paragraph
  600  does not require favorable consideration of a plan amendment
  601  solely because it is related to a development of regional
  602  impact. The procedure for processing such comprehensive plan
  603  amendments is as follows:
  604         1. If a developer seeks a comprehensive plan amendment
  605  related to a development of regional impact, the developer must
  606  so notify in writing the regional planning agency, the
  607  applicable local government, and the state land planning agency
  608  no later than the date of preapplication conference or the
  609  submission of the proposed change under subsection (19).
  610         2. When filing the application for development approval or
  611  the proposed change, the developer must include a written
  612  request for comprehensive plan amendments that would be
  613  necessitated by the development-of-regional-impact approvals
  614  sought. That request must include data and analysis upon which
  615  the applicable local government can determine whether to
  616  transmit the comprehensive plan amendment pursuant to s.
  617  163.3184.
  618         3. The local government must advertise a public hearing on
  619  the transmittal within 30 days after filing the application for
  620  development approval or the proposed change and must make a
  621  determination on the transmittal within 60 days after the
  622  initial filing unless that time is extended by the developer.
  623         4. If the local government approves the transmittal,
  624  procedures set forth in s. 163.3184 must be followed.
  625         5. Notwithstanding subsection (11) or subsection (19), the
  626  local government may not hold a public hearing on the
  627  application for development approval or the proposed change or
  628  on the comprehensive plan amendments sooner than 30 days after
  629  reviewing agency comments are due to the local government
  630  pursuant to s. 163.3184.
  631         6. The local government must hear both the application for
  632  development approval or the proposed change and the
  633  comprehensive plan amendments at the same hearing. However, the
  634  local government must take action separately on the application
  635  for development approval or the proposed change and on the
  636  comprehensive plan amendments.
  637         7. Thereafter, the appeal process for the local government
  638  development order must follow the provisions of s. 380.07, and
  639  the compliance process for the comprehensive plan amendments
  640  must follow the provisions of s. 163.3184.
  641         (7) PREAPPLICATION PROCEDURES.—
  642         (a) Before filing an application for development approval,
  643  the developer shall contact the regional planning agency having
  644  jurisdiction over the proposed development to arrange a
  645  preapplication conference. Upon the request of the developer or
  646  the regional planning agency, other affected state and regional
  647  agencies shall participate in this conference and shall identify
  648  the types of permits issued by the agencies, the level of
  649  information required, and the permit issuance procedures as
  650  applied to the proposed development. The levels of service
  651  required in the transportation methodology shall be the same
  652  levels of service used to evaluate concurrency in accordance
  653  with s. 163.3180. The regional planning agency shall provide the
  654  developer information about the development-of-regional-impact
  655  process and the use of preapplication conferences to identify
  656  issues, coordinate appropriate state and local agency
  657  requirements, and otherwise promote a proper and efficient
  658  review of the proposed development. If an agreement is reached
  659  regarding assumptions and methodology to be used in the
  660  application for development approval, the reviewing agencies may
  661  not subsequently object to those assumptions and methodologies
  662  unless subsequent changes to the project or information obtained
  663  during the review make those assumptions and methodologies
  664  inappropriate. The reviewing agencies may make only
  665  recommendations or comments regarding a proposed development
  666  which are consistent with the statutes, rules, or adopted local
  667  government ordinances that are applicable to developments in the
  668  jurisdiction where the proposed development is located.
  669         (b) The regional planning agency shall establish by rule a
  670  procedure by which a developer may enter into binding written
  671  agreements with the regional planning agency to eliminate
  672  questions from the application for development approval when
  673  those questions are found to be unnecessary for development-of
  674  regional-impact review. It is the legislative intent of this
  675  subsection to encourage reduction of paperwork, to discourage
  676  unnecessary gathering of data, and to encourage the coordination
  677  of the development-of-regional-impact review process with
  678  federal, state, and local environmental reviews when such
  679  reviews are required by law.
  680         (c) If the application for development approval is not
  681  submitted within 1 year after the date of the preapplication
  682  conference, the regional planning agency, the local government
  683  having jurisdiction, or the applicant may request that another
  684  preapplication conference be held.
  685         (8) PRELIMINARY DEVELOPMENT AGREEMENTS.—
  686         (a) A developer may enter into a written preliminary
  687  development agreement with the state land planning agency to
  688  allow a developer to proceed with a limited amount of the total
  689  proposed development, subject to all other governmental
  690  approvals and solely at the developer’s own risk, prior to
  691  issuance of a final development order. All owners of the land in
  692  the total proposed development shall join the developer as
  693  parties to the agreement. Each agreement shall include and be
  694  subject to the following conditions:
  695         1. The developer shall comply with the preapplication
  696  conference requirements pursuant to subsection (7) within 45
  697  days after the execution of the agreement.
  698         2. The developer shall file an application for development
  699  approval for the total proposed development within 3 months
  700  after execution of the agreement, unless the state land planning
  701  agency agrees to a different time for good cause shown. Failure
  702  to timely file an application and to otherwise diligently
  703  proceed in good faith to obtain a final development order shall
  704  constitute a breach of the preliminary development agreement.
  705         3. The agreement shall include maps and legal descriptions
  706  of both the preliminary development area and the total proposed
  707  development area and shall specifically describe the preliminary
  708  development in terms of magnitude and location. The area
  709  approved for preliminary development must be included in the
  710  application for development approval and shall be subject to the
  711  terms and conditions of the final development order.
  712         4. The preliminary development shall be limited to lands
  713  that the state land planning agency agrees are suitable for
  714  development and shall only be allowed in areas where adequate
  715  public infrastructure exists to accommodate the preliminary
  716  development, when such development will utilize public
  717  infrastructure. The developer must also demonstrate that the
  718  preliminary development will not result in material adverse
  719  impacts to existing resources or existing or planned facilities.
  720         5. The preliminary development agreement may allow
  721  development which is:
  722         a. Less than 100 percent of any applicable threshold if the
  723  developer demonstrates that such development is consistent with
  724  subparagraph 4.; or
  725         b. Less than 120 percent of any applicable threshold if the
  726  developer demonstrates that such development is part of a
  727  proposed downtown development of regional impact specified in
  728  subsection (22) or part of any areawide development of regional
  729  impact specified in subsection (25) and that the development is
  730  consistent with subparagraph 4.
  731         6. The developer and owners of the land may not claim
  732  vested rights, or assert equitable estoppel, arising from the
  733  agreement or any expenditures or actions taken in reliance on
  734  the agreement to continue with the total proposed development
  735  beyond the preliminary development. The agreement shall not
  736  entitle the developer to a final development order approving the
  737  total proposed development or to particular conditions in a
  738  final development order.
  739         7. The agreement shall not prohibit the regional planning
  740  agency from reviewing or commenting on any regional issue that
  741  the regional agency determines should be included in the
  742  regional agency’s report on the application for development
  743  approval.
  744         8. The agreement shall include a disclosure by the
  745  developer and all the owners of the land in the total proposed
  746  development of all land or development within 5 miles of the
  747  total proposed development in which they have an interest and
  748  shall describe such interest.
  749         9. In the event of a breach of the agreement or failure to
  750  comply with any condition of the agreement, or if the agreement
  751  was based on materially inaccurate information, the state land
  752  planning agency may terminate the agreement or file suit to
  753  enforce the agreement as provided in this section and s. 380.11,
  754  including a suit to enjoin all development.
  755         10. A notice of the preliminary development agreement shall
  756  be recorded by the developer in accordance with s. 28.222 with
  757  the clerk of the circuit court for each county in which land
  758  covered by the terms of the agreement is located. The notice
  759  shall include a legal description of the land covered by the
  760  agreement and shall state the parties to the agreement, the date
  761  of adoption of the agreement and any subsequent amendments, the
  762  location where the agreement may be examined, and that the
  763  agreement constitutes a land development regulation applicable
  764  to portions of the land covered by the agreement. The provisions
  765  of the agreement shall inure to the benefit of and be binding
  766  upon successors and assigns of the parties in the agreement.
  767         11. Except for those agreements which authorize preliminary
  768  development for substantial deviations pursuant to subsection
  769  (19), a developer who no longer wishes to pursue a development
  770  of regional impact may propose to abandon any preliminary
  771  development agreement executed after January 1, 1985, including
  772  those pursuant to s. 380.032(3), provided at the time of
  773  abandonment:
  774         a. A final development order under this section has been
  775  rendered that approves all of the development actually
  776  constructed; or
  777         b. The amount of development is less than 100 percent of
  778  all numerical thresholds of the guidelines and standards, and
  779  the state land planning agency determines in writing that the
  780  development to date is in compliance with all applicable local
  781  regulations and the terms and conditions of the preliminary
  782  development agreement and otherwise adequately mitigates for the
  783  impacts of the development to date.
  784  
  785  In either event, when a developer proposes to abandon said
  786  agreement, the developer shall give written notice and state
  787  that he or she is no longer proposing a development of regional
  788  impact and provide adequate documentation that he or she has met
  789  the criteria for abandonment of the agreement to the state land
  790  planning agency. Within 30 days of receipt of adequate
  791  documentation of such notice, the state land planning agency
  792  shall make its determination as to whether or not the developer
  793  meets the criteria for abandonment. Once the state land planning
  794  agency determines that the developer meets the criteria for
  795  abandonment, the state land planning agency shall issue a notice
  796  of abandonment which shall be recorded by the developer in
  797  accordance with s. 28.222 with the clerk of the circuit court
  798  for each county in which land covered by the terms of the
  799  agreement is located.
  800         (b) The state land planning agency may enter into other
  801  types of agreements to effectuate the provisions of this act as
  802  provided in s. 380.032.
  803         (c) The provisions of this subsection shall also be
  804  available to a developer who chooses to seek development
  805  approval of a Florida Quality Development pursuant to s.
  806  380.061.
  807         (9) CONCEPTUAL AGENCY REVIEW.—
  808         (a)1. In order to facilitate the planning and preparation
  809  of permit applications for projects that undergo development-of
  810  regional-impact review, and in order to coordinate the
  811  information required to issue such permits, a developer may
  812  elect to request conceptual agency review under this subsection
  813  either concurrently with development-of-regional-impact review
  814  and comprehensive plan amendments, if applicable, or subsequent
  815  to a preapplication conference held pursuant to subsection (7).
  816         2. “Conceptual agency review” means general review of the
  817  proposed location, densities, intensity of use, character, and
  818  major design features of a proposed development required to
  819  undergo review under this section for the purpose of considering
  820  whether these aspects of the proposed development comply with
  821  the issuing agency’s statutes and rules.
  822         3. Conceptual agency review is a licensing action subject
  823  to chapter 120, and approval or denial constitutes final agency
  824  action, except that the 90-day time period specified in s.
  825  120.60(1) shall be tolled for the agency when the affected
  826  regional planning agency requests information from the developer
  827  pursuant to paragraph (10)(b). If proposed agency action on the
  828  conceptual approval is the subject of a proceeding under ss.
  829  120.569 and 120.57, final agency action shall be conclusive as
  830  to any issues actually raised and adjudicated in the proceeding,
  831  and such issues may not be raised in any subsequent proceeding
  832  under ss. 120.569 and 120.57 on the proposed development by any
  833  parties to the prior proceeding.
  834         4. A conceptual agency review approval shall be valid for
  835  up to 10 years, unless otherwise provided in a state or regional
  836  agency rule, and may be reviewed and reissued for additional
  837  periods of time under procedures established by the agency.
  838         (b) The Department of Environmental Protection, each water
  839  management district, and each other state or regional agency
  840  that requires construction or operation permits shall establish
  841  by rule a set of procedures necessary for conceptual agency
  842  review for the following permitting activities within their
  843  respective regulatory jurisdictions:
  844         1. The construction and operation of potential sources of
  845  water pollution, including industrial wastewater, domestic
  846  wastewater, and stormwater.
  847         2. Dredging and filling activities.
  848         3. The management and storage of surface waters.
  849         4. The construction and operation of works of the district,
  850  only if a conceptual agency review approval is requested under
  851  subparagraph 3.
  852  
  853  Any state or regional agency may establish rules for conceptual
  854  agency review for any other permitting activities within its
  855  respective regulatory jurisdiction.
  856         (c)1. Each agency participating in conceptual agency
  857  reviews shall determine and establish by rule its information
  858  and application requirements and furnish these requirements to
  859  the state land planning agency and to any developer seeking
  860  conceptual agency review under this subsection.
  861         2. Each agency shall cooperate with the state land planning
  862  agency to standardize, to the extent possible, review
  863  procedures, data requirements, and data collection methodologies
  864  among all participating agencies, consistent with the
  865  requirements of the statutes that establish the permitting
  866  programs for each agency.
  867         (d) At the conclusion of the conceptual agency review, the
  868  agency shall give notice of its proposed agency action as
  869  required by s. 120.60(3) and shall forward a copy of the notice
  870  to the appropriate regional planning council with a report
  871  setting out the agency’s conclusions on potential development
  872  impacts and stating whether the agency intends to grant
  873  conceptual approval, with or without conditions, or to deny
  874  conceptual approval. If the agency intends to deny conceptual
  875  approval, the report shall state the reasons therefor. The
  876  agency may require the developer to publish notice of proposed
  877  agency action in accordance with s. 403.815.
  878         (e) An agency’s decision to grant conceptual approval shall
  879  not relieve the developer of the requirement to obtain a permit
  880  and to meet the standards for issuance of a construction or
  881  operation permit or to meet the agency’s information
  882  requirements for such a permit. Nevertheless, there shall be a
  883  rebuttable presumption that the developer is entitled to receive
  884  a construction or operation permit for an activity for which the
  885  agency granted conceptual review approval, to the extent that
  886  the project for which the applicant seeks a permit is in
  887  accordance with the conceptual approval and with the agency’s
  888  standards and criteria for issuing a construction or operation
  889  permit. The agency may revoke or appropriately modify a valid
  890  conceptual approval if the agency shows:
  891         1. That an applicant or his or her agent has submitted
  892  materially false or inaccurate information in the application
  893  for conceptual approval;
  894         2. That the developer has violated a condition of the
  895  conceptual approval; or
  896         3. That the development will cause a violation of the
  897  agency’s applicable laws or rules.
  898         (f) Nothing contained in this subsection shall modify or
  899  abridge the law of vested rights or estoppel.
  900         (g) Nothing contained in this subsection shall be construed
  901  to preclude an agency from adopting rules for conceptual review
  902  for developments which are not developments of regional impact.
  903         (10) APPLICATION; SUFFICIENCY.—
  904         (a) When an application for development approval is filed
  905  with a local government, the developer shall also send copies of
  906  the application to the appropriate regional planning agency and
  907  the state land planning agency.
  908         (b) If a regional planning agency determines that the
  909  application for development approval is insufficient for the
  910  agency to discharge its responsibilities under subsection (12),
  911  it shall provide in writing to the appropriate local government
  912  and the applicant a statement of any additional information
  913  desired within 30 days of the receipt of the application by the
  914  regional planning agency. The applicant may supply the
  915  information requested by the regional planning agency and shall
  916  communicate its intention to do so in writing to the appropriate
  917  local government and the regional planning agency within 5
  918  working days of the receipt of the statement requesting such
  919  information, or the applicant shall notify the appropriate local
  920  government and the regional planning agency in writing that the
  921  requested information will not be supplied. Within 30 days after
  922  receipt of such additional information, the regional planning
  923  agency shall review it and may request only that information
  924  needed to clarify the additional information or to answer new
  925  questions raised by, or directly related to, the additional
  926  information. The regional planning agency may request additional
  927  information no more than twice, unless the developer waives this
  928  limitation. If an applicant does not provide the information
  929  requested by a regional planning agency within 120 days of its
  930  request, or within a time agreed upon by the applicant and the
  931  regional planning agency, the application shall be considered
  932  withdrawn.
  933         (c) The regional planning agency shall notify the local
  934  government that a public hearing date may be set when the
  935  regional planning agency determines that the application is
  936  sufficient or when it receives notification from the developer
  937  that the additional requested information will not be supplied,
  938  as provided for in paragraph (b).
  939         (11) LOCAL NOTICE.—Upon receipt of the sufficiency
  940  notification from the regional planning agency required by
  941  paragraph (10)(c), the appropriate local government shall give
  942  notice and hold a public hearing on the application in the same
  943  manner as for a rezoning as provided under the appropriate
  944  special or local law or ordinance, except that such hearing
  945  proceedings shall be recorded by tape or a certified court
  946  reporter and made available for transcription at the expense of
  947  any interested party. When a development of regional impact is
  948  proposed within the jurisdiction of more than one local
  949  government, the local governments, at the request of the
  950  developer, may hold a joint public hearing. The local government
  951  shall comply with the following additional requirements:
  952         (a) The notice of public hearing shall state that the
  953  proposed development is undergoing a development-of-regional
  954  impact review.
  955         (b) The notice shall be published at least 60 days in
  956  advance of the hearing and shall specify where the information
  957  and reports on the development-of-regional-impact application
  958  may be reviewed.
  959         (c) The notice shall be given to the state land planning
  960  agency, to the applicable regional planning agency, to any state
  961  or regional permitting agency participating in a conceptual
  962  agency review process under subsection (9), and to such other
  963  persons as may have been designated by the state land planning
  964  agency as entitled to receive such notices.
  965         (d) A public hearing date shall be set by the appropriate
  966  local government at the next scheduled meeting. The public
  967  hearing shall be held no later than 90 days after issuance of
  968  notice by the regional planning agency that a public hearing may
  969  be set, unless an extension is requested by the applicant.
  970         (12) REGIONAL REPORTS.—
  971         (a) Within 50 days after receipt of the notice of public
  972  hearing required in paragraph (11)(c), the regional planning
  973  agency, if one has been designated for the area including the
  974  local government, shall prepare and submit to the local
  975  government a report and recommendations on the regional impact
  976  of the proposed development. In preparing its report and
  977  recommendations, the regional planning agency shall identify
  978  regional issues based upon the following review criteria and
  979  make recommendations to the local government on these regional
  980  issues, specifically considering whether, and the extent to
  981  which:
  982         1. The development will have a favorable or unfavorable
  983  impact on state or regional resources or facilities identified
  984  in the applicable state or regional plans. As used in this
  985  subsection, the term “applicable state plan” means the state
  986  comprehensive plan. As used in this subsection, the term
  987  “applicable regional plan” means an adopted strategic regional
  988  policy plan.
  989         2. The development will significantly impact adjacent
  990  jurisdictions. At the request of the appropriate local
  991  government, regional planning agencies may also review and
  992  comment upon issues that affect only the requesting local
  993  government.
  994         3. As one of the issues considered in the review in
  995  subparagraphs 1. and 2., the development will favorably or
  996  adversely affect the ability of people to find adequate housing
  997  reasonably accessible to their places of employment if the
  998  regional planning agency has adopted an affordable housing
  999  policy as part of its strategic regional policy plan. The
 1000  determination should take into account information on factors
 1001  that are relevant to the availability of reasonably accessible
 1002  adequate housing. Adequate housing means housing that is
 1003  available for occupancy and that is not substandard.
 1004         (b) The regional planning agency report must contain
 1005  recommendations that are consistent with the standards required
 1006  by the applicable state permitting agencies or the water
 1007  management district.
 1008         (c) At the request of the regional planning agency, other
 1009  appropriate agencies shall review the proposed development and
 1010  shall prepare reports and recommendations on issues that are
 1011  clearly within the jurisdiction of those agencies. Such agency
 1012  reports shall become part of the regional planning agency
 1013  report; however, the regional planning agency may attach
 1014  dissenting views. When water management district and Department
 1015  of Environmental Protection permits have been issued pursuant to
 1016  chapter 373 or chapter 403, the regional planning council may
 1017  comment on the regional implications of the permits but may not
 1018  offer conflicting recommendations.
 1019         (d) The regional planning agency shall afford the developer
 1020  or any substantially affected party reasonable opportunity to
 1021  present evidence to the regional planning agency head relating
 1022  to the proposed regional agency report and recommendations.
 1023         (e) If the location of a proposed development involves land
 1024  within the boundaries of multiple regional planning councils,
 1025  the state land planning agency shall designate a lead regional
 1026  planning council. The lead regional planning council shall
 1027  prepare the regional report.
 1028         (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the
 1029  development is in an area of critical state concern, the local
 1030  government shall approve it only if it complies with the land
 1031  development regulations therefor under s. 380.05 and the
 1032  provisions of this section. The provisions of this section shall
 1033  not apply to developments in areas of critical state concern
 1034  which had pending applications and had been noticed or agendaed
 1035  by local government after September 1, 1985, and before October
 1036  1, 1985, for development order approval. In all such cases, the
 1037  state land planning agency may consider and address applicable
 1038  regional issues contained in subsection (12) as part of its
 1039  area-of-critical-state-concern review pursuant to ss. 380.05,
 1040  380.07, and 380.11.
 1041         (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
 1042  the development is not located in an area of critical state
 1043  concern, in considering whether the development is approved,
 1044  denied, or approved subject to conditions, restrictions, or
 1045  limitations, the local government shall consider whether, and
 1046  the extent to which:
 1047         (a) The development is consistent with the local
 1048  comprehensive plan and local land development regulations.
 1049         (b) The development is consistent with the report and
 1050  recommendations of the regional planning agency submitted
 1051  pursuant to subsection (12).
 1052         (c) The development is consistent with the State
 1053  Comprehensive Plan. In consistency determinations, the plan
 1054  shall be construed and applied in accordance with s. 187.101(3).
 1055  
 1056  However, a local government may approve a change to a
 1057  development authorized as a development of regional impact if
 1058  the change has the effect of reducing the originally approved
 1059  height, density, or intensity of the development and if the
 1060  revised development would have been consistent with the
 1061  comprehensive plan in effect when the development was originally
 1062  approved. If the revised development is approved, the developer
 1063  may proceed as provided in s. 163.3167(5).
 1064         (4)(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
 1065         (a) Notwithstanding any provision of any adopted local
 1066  comprehensive plan or adopted local government land development
 1067  regulation to the contrary, an amendment to a development order
 1068  for an approved development of regional impact adopted pursuant
 1069  to subsection (7) may not amend to an earlier date the
 1070  appropriate local government shall render a decision on the
 1071  application within 30 days after the hearing unless an extension
 1072  is requested by the developer.
 1073         (b) When possible, local governments shall issue
 1074  development orders concurrently with any other local permits or
 1075  development approvals that may be applicable to the proposed
 1076  development.
 1077         (c) The development order shall include findings of fact
 1078  and conclusions of law consistent with subsections (13) and
 1079  (14). The development order:
 1080         1. Shall specify the monitoring procedures and the local
 1081  official responsible for assuring compliance by the developer
 1082  with the development order.
 1083         2. Shall establish compliance dates for the development
 1084  order, including a deadline for commencing physical development
 1085  and for compliance with conditions of approval or phasing
 1086  requirements, and shall include a buildout date that reasonably
 1087  reflects the time anticipated to complete the development.
 1088         3. Shall establish a date until when which the local
 1089  government agrees that the approved development of regional
 1090  impact will shall not be subject to downzoning, unit density
 1091  reduction, or intensity reduction, unless the local government
 1092  can demonstrate that substantial changes in the conditions
 1093  underlying the approval of the development order have occurred
 1094  or the development order was based on substantially inaccurate
 1095  information provided by the developer or that the change is
 1096  clearly established by local government to be essential to the
 1097  public health, safety, or welfare. The date established pursuant
 1098  to this paragraph may not be subparagraph shall be no sooner
 1099  than the buildout date of the project.
 1100         4. Shall specify the requirements for the biennial report
 1101  designated under subsection (18), including the date of
 1102  submission, parties to whom the report is submitted, and
 1103  contents of the report, based upon the rules adopted by the
 1104  state land planning agency. Such rules shall specify the scope
 1105  of any additional local requirements that may be necessary for
 1106  the report.
 1107         5. May specify the types of changes to the development
 1108  which shall require submission for a substantial deviation
 1109  determination or a notice of proposed change under subsection
 1110  (19).
 1111         6. Shall include a legal description of the property.
 1112         (d) Conditions of a development order that require a
 1113  developer to contribute land for a public facility or construct,
 1114  expand, or pay for land acquisition or construction or expansion
 1115  of a public facility, or portion thereof, shall meet the
 1116  following criteria:
 1117         1. The need to construct new facilities or add to the
 1118  present system of public facilities must be reasonably
 1119  attributable to the proposed development.
 1120         2. Any contribution of funds, land, or public facilities
 1121  required from the developer shall be comparable to the amount of
 1122  funds, land, or public facilities that the state or the local
 1123  government would reasonably expect to expend or provide, based
 1124  on projected costs of comparable projects, to mitigate the
 1125  impacts reasonably attributable to the proposed development.
 1126         3. Any funds or lands contributed must be expressly
 1127  designated and used to mitigate impacts reasonably attributable
 1128  to the proposed development.
 1129         4. Construction or expansion of a public facility by a
 1130  nongovernmental developer as a condition of a development order
 1131  to mitigate the impacts reasonably attributable to the proposed
 1132  development is not subject to competitive bidding or competitive
 1133  negotiation for selection of a contractor or design professional
 1134  for any part of the construction or design.
 1135         (b)(e)1. A local government may shall not include, as a
 1136  development order condition for a development of regional
 1137  impact, any requirement that a developer contribute or pay for
 1138  land acquisition or construction or expansion of public
 1139  facilities or portions thereof unless the local government has
 1140  enacted a local ordinance which requires other development not
 1141  subject to this section to contribute its proportionate share of
 1142  the funds, land, or public facilities necessary to accommodate
 1143  any impacts having a rational nexus to the proposed development,
 1144  and the need to construct new facilities or add to the present
 1145  system of public facilities must be reasonably attributable to
 1146  the proposed development.
 1147         2. Selection of a contractor or design professional for any
 1148  aspect of construction or design related to the construction or
 1149  expansion of a public facility by a nongovernmental developer
 1150  which is undertaken as a condition of a development order to
 1151  mitigate the impacts reasonably attributable to the proposed
 1152  development is not subject to competitive bidding or competitive
 1153  negotiation A local government shall not approve a development
 1154  of regional impact that does not make adequate provision for the
 1155  public facilities needed to accommodate the impacts of the
 1156  proposed development unless the local government includes in the
 1157  development order a commitment by the local government to
 1158  provide these facilities consistently with the development
 1159  schedule approved in the development order; however, a local
 1160  government’s failure to meet the requirements of subparagraph 1.
 1161  and this subparagraph shall not preclude the issuance of a
 1162  development order where adequate provision is made by the
 1163  developer for the public facilities needed to accommodate the
 1164  impacts of the proposed development. Any funds or lands
 1165  contributed by a developer must be expressly designated and used
 1166  to accommodate impacts reasonably attributable to the proposed
 1167  development.
 1168         3. The Department of Economic Opportunity and other state
 1169  and regional agencies involved in the administration and
 1170  implementation of this act shall cooperate and work with units
 1171  of local government in preparing and adopting local impact fee
 1172  and other contribution ordinances.
 1173         (c)(f) Notice of the adoption of an amendment a development
 1174  order or the subsequent amendments to an adopted development
 1175  order shall be recorded by the developer, in accordance with s.
 1176  28.222, with the clerk of the circuit court for each county in
 1177  which the development is located. The notice shall include a
 1178  legal description of the property covered by the order and shall
 1179  state which unit of local government adopted the development
 1180  order, the date of adoption, the date of adoption of any
 1181  amendments to the development order, the location where the
 1182  adopted order with any amendments may be examined, and that the
 1183  development order constitutes a land development regulation
 1184  applicable to the property. The recording of this notice does
 1185  shall not constitute a lien, cloud, or encumbrance on real
 1186  property, or actual or constructive notice of any such lien,
 1187  cloud, or encumbrance. This paragraph applies only to
 1188  developments initially approved under this section after July 1,
 1189  1980. If the local government of jurisdiction rescinds a
 1190  development order for an approved development of regional impact
 1191  pursuant to s. 380.115, the developer may record notice of the
 1192  rescission.
 1193         (d)(g)Any agreement entered into by the state land
 1194  planning agency, the developer, and the A local government with
 1195  respect to an approved development of regional impact previously
 1196  classified as essentially built out, or any other official
 1197  determination that an approved development of regional impact is
 1198  essentially built out, remains valid unless it expired on or
 1199  before the effective date of this act. may not issue a permit
 1200  for a development subsequent to the buildout date contained in
 1201  the development order unless:
 1202         1. The proposed development has been evaluated cumulatively
 1203  with existing development under the substantial deviation
 1204  provisions of subsection (19) after the termination or
 1205  expiration date;
 1206         2. The proposed development is consistent with an
 1207  abandonment of development order that has been issued in
 1208  accordance with subsection (26);
 1209         3. The development of regional impact is essentially built
 1210  out, in that all the mitigation requirements in the development
 1211  order have been satisfied, all developers are in compliance with
 1212  all applicable terms and conditions of the development order
 1213  except the buildout date, and the amount of proposed development
 1214  that remains to be built is less than 40 percent of any
 1215  applicable development-of-regional-impact threshold; or
 1216         4. The project has been determined to be an essentially
 1217  built-out development of regional impact through an agreement
 1218  executed by the developer, the state land planning agency, and
 1219  the local government, in accordance with s. 380.032, which will
 1220  establish the terms and conditions under which the development
 1221  may be continued. If the project is determined to be essentially
 1222  built out, development may proceed pursuant to the s. 380.032
 1223  agreement after the termination or expiration date contained in
 1224  the development order without further development-of-regional
 1225  impact review subject to the local government comprehensive plan
 1226  and land development regulations. The parties may amend the
 1227  agreement without submission, review, or approval of a
 1228  notification of proposed change pursuant to subsection (19). For
 1229  the purposes of this paragraph, a development of regional impact
 1230  is considered essentially built out, if:
 1231         a. The developers are in compliance with all applicable
 1232  terms and conditions of the development order except the
 1233  buildout date or reporting requirements; and
 1234         b.(I) The amount of development that remains to be built is
 1235  less than the substantial deviation threshold specified in
 1236  paragraph (19)(b) for each individual land use category, or, for
 1237  a multiuse development, the sum total of all unbuilt land uses
 1238  as a percentage of the applicable substantial deviation
 1239  threshold is equal to or less than 100 percent; or
 1240         (II) The state land planning agency and the local
 1241  government have agreed in writing that the amount of development
 1242  to be built does not create the likelihood of any additional
 1243  regional impact not previously reviewed.
 1244  
 1245  The single-family residential portions of a development may be
 1246  considered essentially built out if all of the workforce housing
 1247  obligations and all of the infrastructure and horizontal
 1248  development have been completed, at least 50 percent of the
 1249  dwelling units have been completed, and more than 80 percent of
 1250  the lots have been conveyed to third-party individual lot owners
 1251  or to individual builders who own no more than 40 lots at the
 1252  time of the determination. The mobile home park portions of a
 1253  development may be considered essentially built out if all the
 1254  infrastructure and horizontal development has been completed,
 1255  and at least 50 percent of the lots are leased to individual
 1256  mobile home owners. In order to accommodate changing market
 1257  demands and achieve maximum land use efficiency in an
 1258  essentially built out project, when a developer is building out
 1259  a project, a local government, without the concurrence of the
 1260  state land planning agency, may adopt a resolution authorizing
 1261  the developer to exchange one approved land use for another
 1262  approved land use as specified in the agreement. Before the
 1263  issuance of a building permit pursuant to an exchange, the
 1264  developer must demonstrate to the local government that the
 1265  exchange ratio will not result in a net increase in impacts to
 1266  public facilities and will meet all applicable requirements of
 1267  the comprehensive plan and land development code. For
 1268  developments previously determined to impact strategic
 1269  intermodal facilities as defined in s. 339.63, the local
 1270  government shall consult with the Department of Transportation
 1271  before approving the exchange.
 1272         (h) If the property is annexed by another local
 1273  jurisdiction, the annexing jurisdiction shall adopt a new
 1274  development order that incorporates all previous rights and
 1275  obligations specified in the prior development order.
 1276         (5)(16) CREDITS AGAINST LOCAL IMPACT FEES.—
 1277         (a) Notwithstanding any provision of an adopted local
 1278  comprehensive plan or adopted local government land development
 1279  regulations to the contrary, the adoption of an amendment to a
 1280  development order for an approved development of regional impact
 1281  pursuant to subsection (7) does not diminish or otherwise alter
 1282  any credits for a development order exaction or fee as against
 1283  impact fees, mobility fees, or exactions when such credits are
 1284  based upon the developer’s contribution of land or a public
 1285  facility or the construction, expansion, or payment for land
 1286  acquisition or construction or expansion of a public facility,
 1287  or a portion thereof If the development order requires the
 1288  developer to contribute land or a public facility or construct,
 1289  expand, or pay for land acquisition or construction or expansion
 1290  of a public facility, or portion thereof, and the developer is
 1291  also subject by local ordinance to impact fees or exactions to
 1292  meet the same needs, the local government shall establish and
 1293  implement a procedure that credits a development order exaction
 1294  or fee toward an impact fee or exaction imposed by local
 1295  ordinance for the same need; however, if the Florida Land and
 1296  Water Adjudicatory Commission imposes any additional
 1297  requirement, the local government shall not be required to grant
 1298  a credit toward the local exaction or impact fee unless the
 1299  local government determines that such required contribution,
 1300  payment, or construction meets the same need that the local
 1301  exaction or impact fee would address. The nongovernmental
 1302  developer need not be required, by virtue of this credit, to
 1303  competitively bid or negotiate any part of the construction or
 1304  design of the facility, unless otherwise requested by the local
 1305  government.
 1306         (b) If the local government imposes or increases an impact
 1307  fee, mobility fee, or exaction by local ordinance after a
 1308  development order has been issued, the developer may petition
 1309  the local government, and the local government shall modify the
 1310  affected provisions of the development order to give the
 1311  developer credit for any contribution of land for a public
 1312  facility, or construction, expansion, or contribution of funds
 1313  for land acquisition or construction or expansion of a public
 1314  facility, or a portion thereof, required by the development
 1315  order toward an impact fee or exaction for the same need.
 1316         (c) Any The local government and the developer may enter
 1317  into capital contribution front-ending agreement entered into by
 1318  a local government and a developer which is still in effect as
 1319  of the effective date of this act agreements as part of a
 1320  development-of-regional-impact development order to reimburse
 1321  the developer, or the developer’s successor, for voluntary
 1322  contributions paid in excess of his or her fair share remains
 1323  valid.
 1324         (d) This subsection does not apply to internal, onsite
 1325  facilities required by local regulations or to any offsite
 1326  facilities to the extent that such facilities are necessary to
 1327  provide safe and adequate services to the development.
 1328         (17) LOCAL MONITORING.—The local government issuing the
 1329  development order is primarily responsible for monitoring the
 1330  development and enforcing the provisions of the development
 1331  order. Local governments shall not issue any permits or
 1332  approvals or provide any extensions of services if the developer
 1333  fails to act in substantial compliance with the development
 1334  order.
 1335         (6)(18)BIENNIAL REPORTS.—Notwithstanding any condition in
 1336  a development order for an approved development of regional
 1337  impact, the developer is not required to shall submit an annual
 1338  or a biennial report on the development of regional impact to
 1339  the local government, the regional planning agency, the state
 1340  land planning agency, and all affected permit agencies in
 1341  alternate years on the date specified in the development order,
 1342  unless required to do so by the local government that has
 1343  jurisdiction over the development. The penalty for failure to
 1344  file such a required report is as prescribed by the local
 1345  government development order by its terms requires more frequent
 1346  monitoring. If the report is not received, the state land
 1347  planning agency shall notify the local government. If the local
 1348  government does not receive the report or receives notification
 1349  that the state land planning agency has not received the report,
 1350  the local government shall request in writing that the developer
 1351  submit the report within 30 days. The failure to submit the
 1352  report after 30 days shall result in the temporary suspension of
 1353  the development order by the local government. If no additional
 1354  development pursuant to the development order has occurred since
 1355  the submission of the previous report, then a letter from the
 1356  developer stating that no development has occurred shall satisfy
 1357  the requirement for a report. Development orders that require
 1358  annual reports may be amended to require biennial reports at the
 1359  option of the local government.
 1360         (7)(19)CHANGES SUBSTANTIAL DEVIATIONS.—
 1361         (a) Notwithstanding any provision to the contrary in any
 1362  development order, agreement, local comprehensive plan, or local
 1363  land development regulation, any proposed change to a previously
 1364  approved development of regional impact must be reviewed by the
 1365  local government based on the standards and procedures in its
 1366  adopted local comprehensive plan and adopted local land
 1367  development regulations, including, but not limited to,
 1368  procedures for notice to the applicant and the public regarding
 1369  the issuance of development orders. However, a change to a
 1370  development of regional impact that has the effect of reducing
 1371  the originally approved height, density, or intensity of the
 1372  development must be reviewed by the local government based on
 1373  the standards in the local comprehensive plan at the time the
 1374  development was originally approved, and if the development
 1375  would have been consistent with the comprehensive plan in effect
 1376  when the development was originally approved, the local
 1377  government may approve the change. If the revised development is
 1378  approved, the developer may proceed as provided in s.
 1379  163.3167(5). For any proposed change to a previously approved
 1380  development of regional impact, at least one public hearing must
 1381  be held on the application for change, and any change must be
 1382  approved by the local governing body before it becomes
 1383  effective. The review must abide by any prior agreements or
 1384  other actions vesting the laws and policies governing the
 1385  development. Development within the previously approved
 1386  development of regional impact may continue, as approved, during
 1387  the review in portions of the development which are not directly
 1388  affected by the proposed change which creates a reasonable
 1389  likelihood of additional regional impact, or any type of
 1390  regional impact created by the change not previously reviewed by
 1391  the regional planning agency, shall constitute a substantial
 1392  deviation and shall cause the proposed change to be subject to
 1393  further development-of-regional-impact review. There are a
 1394  variety of reasons why a developer may wish to propose changes
 1395  to an approved development of regional impact, including changed
 1396  market conditions. The procedures set forth in this subsection
 1397  are for that purpose.
 1398         (b) The local government shall either adopt an amendment to
 1399  the development order that approves the application, with or
 1400  without conditions, or deny the application for the proposed
 1401  change. Any new conditions in the amendment to the development
 1402  order issued by the local government may address only those
 1403  impacts directly created by the proposed change, and must be
 1404  consistent with s. 163.3180(5), the adopted comprehensive plan,
 1405  and adopted land development regulations. Changes to a phase
 1406  date, buildout date, expiration date, or termination date may
 1407  also extend any required mitigation associated with a phased
 1408  construction project so that mitigation takes place in the same
 1409  timeframe relative to the impacts as approved Any proposed
 1410  change to a previously approved development of regional impact
 1411  or development order condition which, either individually or
 1412  cumulatively with other changes, exceeds any of the criteria in
 1413  subparagraphs 1.-11. constitutes a substantial deviation and
 1414  shall cause the development to be subject to further
 1415  development-of-regional-impact review through the notice of
 1416  proposed change process under this section.
 1417         1. An increase in the number of parking spaces at an
 1418  attraction or recreational facility by 15 percent or 500 spaces,
 1419  whichever is greater, or an increase in the number of spectators
 1420  that may be accommodated at such a facility by 15 percent or
 1421  1,500 spectators, whichever is greater.
 1422         2. A new runway, a new terminal facility, a 25 percent
 1423  lengthening of an existing runway, or a 25 percent increase in
 1424  the number of gates of an existing terminal, but only if the
 1425  increase adds at least three additional gates.
 1426         3. An increase in land area for office development by 15
 1427  percent or an increase of gross floor area of office development
 1428  by 15 percent or 100,000 gross square feet, whichever is
 1429  greater.
 1430         4. An increase in the number of dwelling units by 10
 1431  percent or 55 dwelling units, whichever is greater.
 1432         5. An increase in the number of dwelling units by 50
 1433  percent or 200 units, whichever is greater, provided that 15
 1434  percent of the proposed additional dwelling units are dedicated
 1435  to affordable workforce housing, subject to a recorded land use
 1436  restriction that shall be for a period of not less than 20 years
 1437  and that includes resale provisions to ensure long-term
 1438  affordability for income-eligible homeowners and renters and
 1439  provisions for the workforce housing to be commenced before the
 1440  completion of 50 percent of the market rate dwelling. For
 1441  purposes of this subparagraph, the term “affordable workforce
 1442  housing” means housing that is affordable to a person who earns
 1443  less than 120 percent of the area median income, or less than
 1444  140 percent of the area median income if located in a county in
 1445  which the median purchase price for a single-family existing
 1446  home exceeds the statewide median purchase price of a single
 1447  family existing home. For purposes of this subparagraph, the
 1448  term “statewide median purchase price of a single-family
 1449  existing home” means the statewide purchase price as determined
 1450  in the Florida Sales Report, Single-Family Existing Homes,
 1451  released each January by the Florida Association of Realtors and
 1452  the University of Florida Real Estate Research Center.
 1453         6. An increase in commercial development by 60,000 square
 1454  feet of gross floor area or of parking spaces provided for
 1455  customers for 425 cars or a 10 percent increase, whichever is
 1456  greater.
 1457         7. An increase in a recreational vehicle park area by 10
 1458  percent or 110 vehicle spaces, whichever is less.
 1459         8. A decrease in the area set aside for open space of 5
 1460  percent or 20 acres, whichever is less.
 1461         9. A proposed increase to an approved multiuse development
 1462  of regional impact where the sum of the increases of each land
 1463  use as a percentage of the applicable substantial deviation
 1464  criteria is equal to or exceeds 110 percent. The percentage of
 1465  any decrease in the amount of open space shall be treated as an
 1466  increase for purposes of determining when 110 percent has been
 1467  reached or exceeded.
 1468         10. A 15 percent increase in the number of external vehicle
 1469  trips generated by the development above that which was
 1470  projected during the original development-of-regional-impact
 1471  review.
 1472         11. Any change that would result in development of any area
 1473  which was specifically set aside in the application for
 1474  development approval or in the development order for
 1475  preservation or special protection of endangered or threatened
 1476  plants or animals designated as endangered, threatened, or
 1477  species of special concern and their habitat, any species
 1478  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
 1479  archaeological and historical sites designated as significant by
 1480  the Division of Historical Resources of the Department of State.
 1481  The refinement of the boundaries and configuration of such areas
 1482  shall be considered under sub-subparagraph (e)2.j.
 1483  
 1484  The substantial deviation numerical standards in subparagraphs
 1485  3., 6., and 9., excluding residential uses, and in subparagraph
 1486  10., are increased by 100 percent for a project certified under
 1487  s. 403.973 which creates jobs and meets criteria established by
 1488  the Department of Economic Opportunity as to its impact on an
 1489  area’s economy, employment, and prevailing wage and skill
 1490  levels. The substantial deviation numerical standards in
 1491  subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
 1492  percent for a project located wholly within an urban infill and
 1493  redevelopment area designated on the applicable adopted local
 1494  comprehensive plan future land use map and not located within
 1495  the coastal high hazard area.
 1496         (c) This section is not intended to alter or otherwise
 1497  limit the extension, previously granted by statute, of a
 1498  commencement, buildout, phase, termination, or expiration date
 1499  in any development order for an approved development of regional
 1500  impact and any corresponding modification of a related permit or
 1501  agreement. Any such extension is not subject to review or
 1502  modification in any future amendment to a development order
 1503  pursuant to the adopted local comprehensive plan and adopted
 1504  local land development regulations An extension of the date of
 1505  buildout of a development, or any phase thereof, by more than 7
 1506  years is presumed to create a substantial deviation subject to
 1507  further development-of-regional-impact review.
 1508         1. An extension of the date of buildout, or any phase
 1509  thereof, of more than 5 years but not more than 7 years is
 1510  presumed not to create a substantial deviation. The extension of
 1511  the date of buildout of an areawide development of regional
 1512  impact by more than 5 years but less than 10 years is presumed
 1513  not to create a substantial deviation. These presumptions may be
 1514  rebutted by clear and convincing evidence at the public hearing
 1515  held by the local government. An extension of 5 years or less is
 1516  not a substantial deviation.
 1517         2. In recognition of the 2011 real estate market
 1518  conditions, at the option of the developer, all commencement,
 1519  phase, buildout, and expiration dates for projects that are
 1520  currently valid developments of regional impact are extended for
 1521  4 years regardless of any previous extension. Associated
 1522  mitigation requirements are extended for the same period unless,
 1523  before December 1, 2011, a governmental entity notifies a
 1524  developer that has commenced any construction within the phase
 1525  for which the mitigation is required that the local government
 1526  has entered into a contract for construction of a facility with
 1527  funds to be provided from the development’s mitigation funds for
 1528  that phase as specified in the development order or written
 1529  agreement with the developer. The 4-year extension is not a
 1530  substantial deviation, is not subject to further development-of
 1531  regional-impact review, and may not be considered when
 1532  determining whether a subsequent extension is a substantial
 1533  deviation under this subsection. The developer must notify the
 1534  local government in writing by December 31, 2011, in order to
 1535  receive the 4-year extension.
 1536  
 1537  For the purpose of calculating when a buildout or phase date has
 1538  been exceeded, the time shall be tolled during the pendency of
 1539  administrative or judicial proceedings relating to development
 1540  permits. Any extension of the buildout date of a project or a
 1541  phase thereof shall automatically extend the commencement date
 1542  of the project, the termination date of the development order,
 1543  the expiration date of the development of regional impact, and
 1544  the phases thereof if applicable by a like period of time.
 1545         (d) A change in the plan of development of an approved
 1546  development of regional impact resulting from requirements
 1547  imposed by the Department of Environmental Protection or any
 1548  water management district created by s. 373.069 or any of their
 1549  successor agencies or by any appropriate federal regulatory
 1550  agency shall be submitted to the local government pursuant to
 1551  this subsection. The change shall be presumed not to create a
 1552  substantial deviation subject to further development-of
 1553  regional-impact review. The presumption may be rebutted by clear
 1554  and convincing evidence at the public hearing held by the local
 1555  government.
 1556         (e)1. Except for a development order rendered pursuant to
 1557  subsection (22) or subsection (25), a proposed change to a
 1558  development order which individually or cumulatively with any
 1559  previous change is less than any numerical criterion contained
 1560  in subparagraphs (b)1.-10. and does not exceed any other
 1561  criterion, or which involves an extension of the buildout date
 1562  of a development, or any phase thereof, of less than 5 years is
 1563  not subject to the public hearing requirements of subparagraph
 1564  (f)3., and is not subject to a determination pursuant to
 1565  subparagraph (f)5. Notice of the proposed change shall be made
 1566  to the regional planning council and the state land planning
 1567  agency. Such notice must include a description of previous
 1568  individual changes made to the development, including changes
 1569  previously approved by the local government, and must include
 1570  appropriate amendments to the development order.
 1571         2. The following changes, individually or cumulatively with
 1572  any previous changes, are not substantial deviations:
 1573         a. Changes in the name of the project, developer, owner, or
 1574  monitoring official.
 1575         b. Changes to a setback which do not affect noise buffers,
 1576  environmental protection or mitigation areas, or archaeological
 1577  or historical resources.
 1578         c. Changes to minimum lot sizes.
 1579         d. Changes in the configuration of internal roads which do
 1580  not affect external access points.
 1581         e. Changes to the building design or orientation which stay
 1582  approximately within the approved area designated for such
 1583  building and parking lot, and which do not affect historical
 1584  buildings designated as significant by the Division of
 1585  Historical Resources of the Department of State.
 1586         f. Changes to increase the acreage in the development, if
 1587  no development is proposed on the acreage to be added.
 1588         g. Changes to eliminate an approved land use, if there are
 1589  no additional regional impacts.
 1590         h. Changes required to conform to permits approved by any
 1591  federal, state, or regional permitting agency, if these changes
 1592  do not create additional regional impacts.
 1593         i. Any renovation or redevelopment of development within a
 1594  previously approved development of regional impact which does
 1595  not change land use or increase density or intensity of use.
 1596         j. Changes that modify boundaries and configuration of
 1597  areas described in subparagraph (b)11. due to science-based
 1598  refinement of such areas by survey, by habitat evaluation, by
 1599  other recognized assessment methodology, or by an environmental
 1600  assessment. In order for changes to qualify under this sub
 1601  subparagraph, the survey, habitat evaluation, or assessment must
 1602  occur before the time that a conservation easement protecting
 1603  such lands is recorded and must not result in any net decrease
 1604  in the total acreage of the lands specifically set aside for
 1605  permanent preservation in the final development order.
 1606         k. Changes that do not increase the number of external peak
 1607  hour trips and do not reduce open space and conserved areas
 1608  within the project except as otherwise permitted by sub
 1609  subparagraph j.
 1610         l. A phase date extension, if the state land planning
 1611  agency, in consultation with the regional planning council and
 1612  subject to the written concurrence of the Department of
 1613  Transportation, agrees that the traffic impact is not
 1614  significant and adverse under applicable state agency rules.
 1615         m. Any other change that the state land planning agency, in
 1616  consultation with the regional planning council, agrees in
 1617  writing is similar in nature, impact, or character to the
 1618  changes enumerated in sub-subparagraphs a.-l. and that does not
 1619  create the likelihood of any additional regional impact.
 1620  
 1621  This subsection does not require the filing of a notice of
 1622  proposed change but requires an application to the local
 1623  government to amend the development order in accordance with the
 1624  local government’s procedures for amendment of a development
 1625  order. In accordance with the local government’s procedures,
 1626  including requirements for notice to the applicant and the
 1627  public, the local government shall either deny the application
 1628  for amendment or adopt an amendment to the development order
 1629  which approves the application with or without conditions.
 1630  Following adoption, the local government shall render to the
 1631  state land planning agency the amendment to the development
 1632  order. The state land planning agency may appeal, pursuant to s.
 1633  380.07(3), the amendment to the development order if the
 1634  amendment involves sub-subparagraph g., sub-subparagraph h.,
 1635  sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
 1636  and if the agency believes that the change creates a reasonable
 1637  likelihood of new or additional regional impacts.
 1638         3. Except for the change authorized by sub-subparagraph
 1639  2.f., any addition of land not previously reviewed or any change
 1640  not specified in paragraph (b) or paragraph (c) shall be
 1641  presumed to create a substantial deviation. This presumption may
 1642  be rebutted by clear and convincing evidence.
 1643         4. Any submittal of a proposed change to a previously
 1644  approved development must include a description of individual
 1645  changes previously made to the development, including changes
 1646  previously approved by the local government. The local
 1647  government shall consider the previous and current proposed
 1648  changes in deciding whether such changes cumulatively constitute
 1649  a substantial deviation requiring further development-of
 1650  regional-impact review.
 1651         5. The following changes to an approved development of
 1652  regional impact shall be presumed to create a substantial
 1653  deviation. Such presumption may be rebutted by clear and
 1654  convincing evidence:
 1655         a. A change proposed for 15 percent or more of the acreage
 1656  to a land use not previously approved in the development order.
 1657  Changes of less than 15 percent shall be presumed not to create
 1658  a substantial deviation.
 1659         b. Notwithstanding any provision of paragraph (b) to the
 1660  contrary, a proposed change consisting of simultaneous increases
 1661  and decreases of at least two of the uses within an authorized
 1662  multiuse development of regional impact which was originally
 1663  approved with three or more uses specified in s. 380.0651(3)(c)
 1664  and (d) and residential use.
 1665         6. If a local government agrees to a proposed change, a
 1666  change in the transportation proportionate share calculation and
 1667  mitigation plan in an adopted development order as a result of
 1668  recalculation of the proportionate share contribution meeting
 1669  the requirements of s. 163.3180(5)(h) in effect as of the date
 1670  of such change shall be presumed not to create a substantial
 1671  deviation. For purposes of this subsection, the proposed change
 1672  in the proportionate share calculation or mitigation plan may
 1673  not be considered an additional regional transportation impact.
 1674         (f)1. The state land planning agency shall establish by
 1675  rule standard forms for submittal of proposed changes to a
 1676  previously approved development of regional impact which may
 1677  require further development-of-regional-impact review. At a
 1678  minimum, the standard form shall require the developer to
 1679  provide the precise language that the developer proposes to
 1680  delete or add as an amendment to the development order.
 1681         2. The developer shall submit, simultaneously, to the local
 1682  government, the regional planning agency, and the state land
 1683  planning agency the request for approval of a proposed change.
 1684         3. No sooner than 30 days but no later than 45 days after
 1685  submittal by the developer to the local government, the state
 1686  land planning agency, and the appropriate regional planning
 1687  agency, the local government shall give 15 days’ notice and
 1688  schedule a public hearing to consider the change that the
 1689  developer asserts does not create a substantial deviation. This
 1690  public hearing shall be held within 60 days after submittal of
 1691  the proposed changes, unless that time is extended by the
 1692  developer.
 1693         4. The appropriate regional planning agency or the state
 1694  land planning agency shall review the proposed change and, no
 1695  later than 45 days after submittal by the developer of the
 1696  proposed change, unless that time is extended by the developer,
 1697  and prior to the public hearing at which the proposed change is
 1698  to be considered, shall advise the local government in writing
 1699  whether it objects to the proposed change, shall specify the
 1700  reasons for its objection, if any, and shall provide a copy to
 1701  the developer.
 1702         5. At the public hearing, the local government shall
 1703  determine whether the proposed change requires further
 1704  development-of-regional-impact review. The provisions of
 1705  paragraphs (a) and (e), the thresholds set forth in paragraph
 1706  (b), and the presumptions set forth in paragraphs (c) and (d)
 1707  and subparagraph (e)3. shall be applicable in determining
 1708  whether further development-of-regional-impact review is
 1709  required. The local government may also deny the proposed change
 1710  based on matters relating to local issues, such as if the land
 1711  on which the change is sought is plat restricted in a way that
 1712  would be incompatible with the proposed change, and the local
 1713  government does not wish to change the plat restriction as part
 1714  of the proposed change.
 1715         6. If the local government determines that the proposed
 1716  change does not require further development-of-regional-impact
 1717  review and is otherwise approved, or if the proposed change is
 1718  not subject to a hearing and determination pursuant to
 1719  subparagraphs 3. and 5. and is otherwise approved, the local
 1720  government shall issue an amendment to the development order
 1721  incorporating the approved change and conditions of approval
 1722  relating to the change. The requirement that a change be
 1723  otherwise approved shall not be construed to require additional
 1724  local review or approval if the change is allowed by applicable
 1725  local ordinances without further local review or approval. The
 1726  decision of the local government to approve, with or without
 1727  conditions, or to deny the proposed change that the developer
 1728  asserts does not require further review shall be subject to the
 1729  appeal provisions of s. 380.07. However, the state land planning
 1730  agency may not appeal the local government decision if it did
 1731  not comply with subparagraph 4. The state land planning agency
 1732  may not appeal a change to a development order made pursuant to
 1733  subparagraph (e)1. or subparagraph (e)2. for developments of
 1734  regional impact approved after January 1, 1980, unless the
 1735  change would result in a significant impact to a regionally
 1736  significant archaeological, historical, or natural resource not
 1737  previously identified in the original development-of-regional
 1738  impact review.
 1739         (g) If a proposed change requires further development-of
 1740  regional-impact review pursuant to this section, the review
 1741  shall be conducted subject to the following additional
 1742  conditions:
 1743         1. The development-of-regional-impact review conducted by
 1744  the appropriate regional planning agency shall address only
 1745  those issues raised by the proposed change except as provided in
 1746  subparagraph 2.
 1747         2. The regional planning agency shall consider, and the
 1748  local government shall determine whether to approve, approve
 1749  with conditions, or deny the proposed change as it relates to
 1750  the entire development. If the local government determines that
 1751  the proposed change, as it relates to the entire development, is
 1752  unacceptable, the local government shall deny the change.
 1753         3. If the local government determines that the proposed
 1754  change should be approved, any new conditions in the amendment
 1755  to the development order issued by the local government shall
 1756  address only those issues raised by the proposed change and
 1757  require mitigation only for the individual and cumulative
 1758  impacts of the proposed change.
 1759         4. Development within the previously approved development
 1760  of regional impact may continue, as approved, during the
 1761  development-of-regional-impact review in those portions of the
 1762  development which are not directly affected by the proposed
 1763  change.
 1764         (h) When further development-of-regional-impact review is
 1765  required because a substantial deviation has been determined or
 1766  admitted by the developer, the amendment to the development
 1767  order issued by the local government shall be consistent with
 1768  the requirements of subsection (15) and shall be subject to the
 1769  hearing and appeal provisions of s. 380.07. The state land
 1770  planning agency or the appropriate regional planning agency need
 1771  not participate at the local hearing in order to appeal a local
 1772  government development order issued pursuant to this paragraph.
 1773         (i) An increase in the number of residential dwelling units
 1774  shall not constitute a substantial deviation and shall not be
 1775  subject to development-of-regional-impact review for additional
 1776  impacts, provided that all the residential dwelling units are
 1777  dedicated to affordable workforce housing and the total number
 1778  of new residential units does not exceed 200 percent of the
 1779  substantial deviation threshold. The affordable workforce
 1780  housing shall be subject to a recorded land use restriction that
 1781  shall be for a period of not less than 20 years and that
 1782  includes resale provisions to ensure long-term affordability for
 1783  income-eligible homeowners and renters. For purposes of this
 1784  paragraph, the term “affordable workforce housing” means housing
 1785  that is affordable to a person who earns less than 120 percent
 1786  of the area median income, or less than 140 percent of the area
 1787  median income if located in a county in which the median
 1788  purchase price for a single-family existing home exceeds the
 1789  statewide median purchase price of a single-family existing
 1790  home. For purposes of this paragraph, the term “statewide median
 1791  purchase price of a single-family existing home” means the
 1792  statewide purchase price as determined in the Florida Sales
 1793  Report, Single-Family Existing Homes, released each January by
 1794  the Florida Association of Realtors and the University of
 1795  Florida Real Estate Research Center.
 1796         (8)(20) VESTED RIGHTS.—Nothing in this section shall limit
 1797  or modify the rights of any person to complete any development
 1798  that was authorized by registration of a subdivision pursuant to
 1799  former chapter 498, by recordation pursuant to local subdivision
 1800  plat law, or by a building permit or other authorization to
 1801  commence development on which there has been reliance and a
 1802  change of position and which registration or recordation was
 1803  accomplished, or which permit or authorization was issued, prior
 1804  to July 1, 1973. If a developer has, by his or her actions in
 1805  reliance on prior regulations, obtained vested or other legal
 1806  rights that in law would have prevented a local government from
 1807  changing those regulations in a way adverse to the developer’s
 1808  interests, nothing in this chapter authorizes any governmental
 1809  agency to abridge those rights.
 1810         (a) For the purpose of determining the vesting of rights
 1811  under this subsection, approval pursuant to local subdivision
 1812  plat law, ordinances, or regulations of a subdivision plat by
 1813  formal vote of a county or municipal governmental body having
 1814  jurisdiction after August 1, 1967, and prior to July 1, 1973, is
 1815  sufficient to vest all property rights for the purposes of this
 1816  subsection; and no action in reliance on, or change of position
 1817  concerning, such local governmental approval is required for
 1818  vesting to take place. Anyone claiming vested rights under this
 1819  paragraph must notify the department in writing by January 1,
 1820  1986. Such notification shall include information adequate to
 1821  document the rights established by this subsection. When such
 1822  notification requirements are met, in order for the vested
 1823  rights authorized pursuant to this paragraph to remain valid
 1824  after June 30, 1990, development of the vested plan must be
 1825  commenced prior to that date upon the property that the state
 1826  land planning agency has determined to have acquired vested
 1827  rights following the notification or in a binding letter of
 1828  interpretation. When the notification requirements have not been
 1829  met, the vested rights authorized by this paragraph shall expire
 1830  June 30, 1986, unless development commenced prior to that date.
 1831         (b) For the purpose of this act, the conveyance of, or the
 1832  agreement to convey, property to the county, state, or local
 1833  government as a prerequisite to zoning change approval shall be
 1834  construed as an act of reliance to vest rights as determined
 1835  under this subsection, provided such zoning change is actually
 1836  granted by such government.
 1837         (9)(21)VALIDITY OF COMPREHENSIVE APPLICATION; MASTER PLAN
 1838  DEVELOPMENT ORDER.—
 1839         (a)Any agreement previously entered into by a developer, a
 1840  regional planning agency, and a local government regarding If a
 1841  development project that includes two or more developments of
 1842  regional impact and was the subject of, a developer may file a
 1843  comprehensive development-of-regional-impact application remains
 1844  valid unless it expired on or before the effective date of this
 1845  act.
 1846         (b) If a proposed development is planned for development
 1847  over an extended period of time, the developer may file an
 1848  application for master development approval of the project and
 1849  agree to present subsequent increments of the development for
 1850  preconstruction review. This agreement shall be entered into by
 1851  the developer, the regional planning agency, and the appropriate
 1852  local government having jurisdiction. The provisions of
 1853  subsection (9) do not apply to this subsection, except that a
 1854  developer may elect to utilize the review process established in
 1855  subsection (9) for review of the increments of a master plan.
 1856         1. Prior to adoption of the master plan development order,
 1857  the developer, the landowner, the appropriate regional planning
 1858  agency, and the local government having jurisdiction shall
 1859  review the draft of the development order to ensure that
 1860  anticipated regional impacts have been adequately addressed and
 1861  that information requirements for subsequent incremental
 1862  application review are clearly defined. The development order
 1863  for a master application shall specify the information which
 1864  must be submitted with an incremental application and shall
 1865  identify those issues which can result in the denial of an
 1866  incremental application.
 1867         2. The review of subsequent incremental applications shall
 1868  be limited to that information specifically required and those
 1869  issues specifically raised by the master development order,
 1870  unless substantial changes in the conditions underlying the
 1871  approval of the master plan development order are demonstrated
 1872  or the master development order is shown to have been based on
 1873  substantially inaccurate information.
 1874         (c) The state land planning agency, by rule, shall
 1875  establish uniform procedures to implement this subsection.
 1876         (22) DOWNTOWN DEVELOPMENT AUTHORITIES.—
 1877         (a) A downtown development authority may submit a
 1878  development-of-regional-impact application for development
 1879  approval pursuant to this section. The area described in the
 1880  application may consist of any or all of the land over which a
 1881  downtown development authority has the power described in s.
 1882  380.031(5). For the purposes of this subsection, a downtown
 1883  development authority shall be considered the developer whether
 1884  or not the development will be undertaken by the downtown
 1885  development authority.
 1886         (b) In addition to information required by the development
 1887  of-regional-impact application, the application for development
 1888  approval submitted by a downtown development authority shall
 1889  specify the total amount of development planned for each land
 1890  use category. In addition to the requirements of subsection
 1891  (15), the development order shall specify the amount of
 1892  development approved within each land use category. Development
 1893  undertaken in conformance with a development order issued under
 1894  this section does not require further review.
 1895         (c) If a development is proposed within the area of a
 1896  downtown development plan approved pursuant to this section
 1897  which would result in development in excess of the amount
 1898  specified in the development order for that type of activity,
 1899  changes shall be subject to the provisions of subsection (19),
 1900  except that the percentages and numerical criteria shall be
 1901  double those listed in paragraph (19)(b).
 1902         (d) The provisions of subsection (9) do not apply to this
 1903  subsection.
 1904         (23)ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
 1905         (a) The state land planning agency shall adopt rules to
 1906  ensure uniform review of developments of regional impact by the
 1907  state land planning agency and regional planning agencies under
 1908  this section. These rules shall be adopted pursuant to chapter
 1909  120 and shall include all forms, application content, and review
 1910  guidelines necessary to implement development-of-regional-impact
 1911  reviews. The state land planning agency, in consultation with
 1912  the regional planning agencies, may also designate types of
 1913  development or areas suitable for development in which reduced
 1914  information requirements for development-of-regional-impact
 1915  review shall apply.
 1916         (b) Regional planning agencies shall be subject to rules
 1917  adopted by the state land planning agency. At the request of a
 1918  regional planning council, the state land planning agency may
 1919  adopt by rule different standards for a specific comprehensive
 1920  planning district upon a finding that the statewide standard is
 1921  inadequate to protect or promote the regional interest at issue.
 1922  If such a regional standard is adopted by the state land
 1923  planning agency, the regional standard shall be applied to all
 1924  pertinent development-of-regional-impact reviews conducted in
 1925  that region until rescinded.
 1926         (c) Within 6 months of the effective date of this section,
 1927  the state land planning agency shall adopt rules which:
 1928         1. Establish uniform statewide standards for development
 1929  of-regional-impact review.
 1930         2. Establish a short application for development approval
 1931  form which eliminates issues and questions for any project in a
 1932  jurisdiction with an adopted local comprehensive plan that is in
 1933  compliance.
 1934         (d) Regional planning agencies that perform development-of
 1935  regional-impact and Florida Quality Development review are
 1936  authorized to assess and collect fees to fund the costs, direct
 1937  and indirect, of conducting the review process. The state land
 1938  planning agency shall adopt rules to provide uniform criteria
 1939  for the assessment and collection of such fees. The rules
 1940  providing uniform criteria shall not be subject to rule
 1941  challenge under s. 120.56(2) or to drawout proceedings under s.
 1942  120.54(3)(c)2., but, once adopted, shall be subject to an
 1943  invalidity challenge under s. 120.56(3) by substantially
 1944  affected persons. Until the state land planning agency adopts a
 1945  rule implementing this paragraph, rules of the regional planning
 1946  councils currently in effect regarding fees shall remain in
 1947  effect. Fees may vary in relation to the type and size of a
 1948  proposed project, but shall not exceed $75,000, unless the state
 1949  land planning agency, after reviewing any disputed expenses
 1950  charged by the regional planning agency, determines that said
 1951  expenses were reasonable and necessary for an adequate regional
 1952  review of the impacts of a project.
 1953         (24) STATUTORY EXEMPTIONS.—
 1954         (a) Any proposed hospital is exempt from this section.
 1955         (b) Any proposed electrical transmission line or electrical
 1956  power plant is exempt from this section.
 1957         (c) Any proposed addition to an existing sports facility
 1958  complex is exempt from this section if the addition meets the
 1959  following characteristics:
 1960         1. It would not operate concurrently with the scheduled
 1961  hours of operation of the existing facility.
 1962         2. Its seating capacity would be no more than 75 percent of
 1963  the capacity of the existing facility.
 1964         3. The sports facility complex property is owned by a
 1965  public body before July 1, 1983.
 1966  
 1967  This exemption does not apply to any pari-mutuel facility.
 1968         (d) Any proposed addition or cumulative additions
 1969  subsequent to July 1, 1988, to an existing sports facility
 1970  complex owned by a state university is exempt if the increased
 1971  seating capacity of the complex is no more than 30 percent of
 1972  the capacity of the existing facility.
 1973         (e) Any addition of permanent seats or parking spaces for
 1974  an existing sports facility located on property owned by a
 1975  public body before July 1, 1973, is exempt from this section if
 1976  future additions do not expand existing permanent seating or
 1977  parking capacity more than 15 percent annually in excess of the
 1978  prior year’s capacity.
 1979         (f) Any increase in the seating capacity of an existing
 1980  sports facility having a permanent seating capacity of at least
 1981  50,000 spectators is exempt from this section, provided that
 1982  such an increase does not increase permanent seating capacity by
 1983  more than 5 percent per year and not to exceed a total of 10
 1984  percent in any 5-year period, and provided that the sports
 1985  facility notifies the appropriate local government within which
 1986  the facility is located of the increase at least 6 months before
 1987  the initial use of the increased seating, in order to permit the
 1988  appropriate local government to develop a traffic management
 1989  plan for the traffic generated by the increase. Any traffic
 1990  management plan shall be consistent with the local comprehensive
 1991  plan, the regional policy plan, and the state comprehensive
 1992  plan.
 1993         (g) Any expansion in the permanent seating capacity or
 1994  additional improved parking facilities of an existing sports
 1995  facility is exempt from this section, if the following
 1996  conditions exist:
 1997         1.a. The sports facility had a permanent seating capacity
 1998  on January 1, 1991, of at least 41,000 spectator seats;
 1999         b. The sum of such expansions in permanent seating capacity
 2000  does not exceed a total of 10 percent in any 5-year period and
 2001  does not exceed a cumulative total of 20 percent for any such
 2002  expansions; or
 2003         c. The increase in additional improved parking facilities
 2004  is a one-time addition and does not exceed 3,500 parking spaces
 2005  serving the sports facility; and
 2006         2. The local government having jurisdiction of the sports
 2007  facility includes in the development order or development permit
 2008  approving such expansion under this paragraph a finding of fact
 2009  that the proposed expansion is consistent with the
 2010  transportation, water, sewer and stormwater drainage provisions
 2011  of the approved local comprehensive plan and local land
 2012  development regulations relating to those provisions.
 2013  
 2014  Any owner or developer who intends to rely on this statutory
 2015  exemption shall provide to the department a copy of the local
 2016  government application for a development permit. Within 45 days
 2017  after receipt of the application, the department shall render to
 2018  the local government an advisory and nonbinding opinion, in
 2019  writing, stating whether, in the department’s opinion, the
 2020  prescribed conditions exist for an exemption under this
 2021  paragraph. The local government shall render the development
 2022  order approving each such expansion to the department. The
 2023  owner, developer, or department may appeal the local government
 2024  development order pursuant to s. 380.07, within 45 days after
 2025  the order is rendered. The scope of review shall be limited to
 2026  the determination of whether the conditions prescribed in this
 2027  paragraph exist. If any sports facility expansion undergoes
 2028  development-of-regional-impact review, all previous expansions
 2029  which were exempt under this paragraph shall be included in the
 2030  development-of-regional-impact review.
 2031         (h) Expansion to port harbors, spoil disposal sites,
 2032  navigation channels, turning basins, harbor berths, and other
 2033  related inwater harbor facilities of ports listed in s.
 2034  403.021(9)(b), port transportation facilities and projects
 2035  listed in s. 311.07(3)(b), and intermodal transportation
 2036  facilities identified pursuant to s. 311.09(3) are exempt from
 2037  this section when such expansions, projects, or facilities are
 2038  consistent with comprehensive master plans that are in
 2039  compliance with s. 163.3178.
 2040         (i) Any proposed facility for the storage of any petroleum
 2041  product or any expansion of an existing facility is exempt from
 2042  this section.
 2043         (j) Any renovation or redevelopment within the same land
 2044  parcel which does not change land use or increase density or
 2045  intensity of use.
 2046         (k) Waterport and marina development, including dry storage
 2047  facilities, are exempt from this section.
 2048         (l) Any proposed development within an urban service
 2049  boundary established under s. 163.3177(14), Florida Statutes
 2050  (2010), which is not otherwise exempt pursuant to subsection
 2051  (29), is exempt from this section if the local government having
 2052  jurisdiction over the area where the development is proposed has
 2053  adopted the urban service boundary and has entered into a
 2054  binding agreement with jurisdictions that would be impacted and
 2055  with the Department of Transportation regarding the mitigation
 2056  of impacts on state and regional transportation facilities.
 2057         (m) Any proposed development within a rural land
 2058  stewardship area created under s. 163.3248.
 2059         (n) The establishment, relocation, or expansion of any
 2060  military installation as defined in s. 163.3175, is exempt from
 2061  this section.
 2062         (o) Any self-storage warehousing that does not allow retail
 2063  or other services is exempt from this section.
 2064         (p) Any proposed nursing home or assisted living facility
 2065  is exempt from this section.
 2066         (q) Any development identified in an airport master plan
 2067  and adopted into the comprehensive plan pursuant to s.
 2068  163.3177(6)(b)4. is exempt from this section.
 2069         (r) Any development identified in a campus master plan and
 2070  adopted pursuant to s. 1013.30 is exempt from this section.
 2071         (s) Any development in a detailed specific area plan which
 2072  is prepared and adopted pursuant to s. 163.3245 is exempt from
 2073  this section.
 2074         (t) Any proposed solid mineral mine and any proposed
 2075  addition to, expansion of, or change to an existing solid
 2076  mineral mine is exempt from this section. A mine owner will
 2077  enter into a binding agreement with the Department of
 2078  Transportation to mitigate impacts to strategic intermodal
 2079  system facilities pursuant to the transportation thresholds in
 2080  subsection (19) or rule 9J-2.045(6), Florida Administrative
 2081  Code. Proposed changes to any previously approved solid mineral
 2082  mine development-of-regional-impact development orders having
 2083  vested rights are is not subject to further review or approval
 2084  as a development-of-regional-impact or notice-of-proposed-change
 2085  review or approval pursuant to subsection (19), except for those
 2086  applications pending as of July 1, 2011, which shall be governed
 2087  by s. 380.115(2). Notwithstanding the foregoing, however,
 2088  pursuant to s. 380.115(1), previously approved solid mineral
 2089  mine development-of-regional-impact development orders shall
 2090  continue to enjoy vested rights and continue to be effective
 2091  unless rescinded by the developer. All local government
 2092  regulations of proposed solid mineral mines shall be applicable
 2093  to any new solid mineral mine or to any proposed addition to,
 2094  expansion of, or change to an existing solid mineral mine.
 2095         (u) Notwithstanding any provisions in an agreement with or
 2096  among a local government, regional agency, or the state land
 2097  planning agency or in a local government’s comprehensive plan to
 2098  the contrary, a project no longer subject to development-of
 2099  regional-impact review under revised thresholds is not required
 2100  to undergo such review.
 2101         (v) Any development within a county with a research and
 2102  education authority created by special act and that is also
 2103  within a research and development park that is operated or
 2104  managed by a research and development authority pursuant to part
 2105  V of chapter 159 is exempt from this section.
 2106         (w) Any development in an energy economic zone designated
 2107  pursuant to s. 377.809 is exempt from this section upon approval
 2108  by its local governing body.
 2109         (x) Any proposed development that is located in a local
 2110  government jurisdiction that does not qualify for an exemption
 2111  based on the population and density criteria in paragraph
 2112  (29)(a), that is approved as a comprehensive plan amendment
 2113  adopted pursuant to s. 163.3184(4), and that is the subject of
 2114  an agreement pursuant to s. 288.106(5) is exempt from this
 2115  section. This exemption shall only be effective upon a written
 2116  agreement executed by the applicant, the local government, and
 2117  the state land planning agency. The state land planning agency
 2118  shall only be a party to the agreement upon a determination that
 2119  the development is the subject of an agreement pursuant to s.
 2120  288.106(5) and that the local government has the capacity to
 2121  adequately assess the impacts of the proposed development. The
 2122  local government shall only be a party to the agreement upon
 2123  approval by the governing body of the local government and upon
 2124  providing at least 21 days’ notice to adjacent local governments
 2125  that includes, at a minimum, information regarding the location,
 2126  density and intensity of use, and timing of the proposed
 2127  development. This exemption does not apply to areas within the
 2128  boundary of any area of critical state concern designated
 2129  pursuant to s. 380.05, within the boundary of the Wekiva Study
 2130  Area as described in s. 369.316, or within 2 miles of the
 2131  boundary of the Everglades Protection Area as defined in s.
 2132  373.4592(2).
 2133  
 2134  If a use is exempt from review as a development of regional
 2135  impact under paragraphs (a)-(u), but will be part of a larger
 2136  project that is subject to review as a development of regional
 2137  impact, the impact of the exempt use must be included in the
 2138  review of the larger project, unless such exempt use involves a
 2139  development of regional impact that includes a landowner,
 2140  tenant, or user that has entered into a funding agreement with
 2141  the Department of Economic Opportunity under the Innovation
 2142  Incentive Program and the agreement contemplates a state award
 2143  of at least $50 million.
 2144         (10)(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
 2145         (a)Any approval of an authorized developer for may submit
 2146  an areawide development of regional impact remains valid unless
 2147  it expired on or before the effective date of this act. to be
 2148  reviewed pursuant to the procedures and standards set forth in
 2149  this section. The areawide development-of-regional-impact review
 2150  shall include an areawide development plan in addition to any
 2151  other information required under this section. After review and
 2152  approval of an areawide development of regional impact under
 2153  this section, all development within the defined planning area
 2154  shall conform to the approved areawide development plan and
 2155  development order. Individual developments that conform to the
 2156  approved areawide development plan shall not be required to
 2157  undergo further development-of-regional-impact review, unless
 2158  otherwise provided in the development order. As used in this
 2159  subsection, the term:
 2160         1. “Areawide development plan” means a plan of development
 2161  that, at a minimum:
 2162         a. Encompasses a defined planning area approved pursuant to
 2163  this subsection that will include at least two or more
 2164  developments;
 2165         b. Maps and defines the land uses proposed, including the
 2166  amount of development by use and development phasing;
 2167         c. Integrates a capital improvements program for
 2168  transportation and other public facilities to ensure development
 2169  staging contingent on availability of facilities and services;
 2170         d. Incorporates land development regulation, covenants, and
 2171  other restrictions adequate to protect resources and facilities
 2172  of regional and state significance; and
 2173         e. Specifies responsibilities and identifies the mechanisms
 2174  for carrying out all commitments in the areawide development
 2175  plan and for compliance with all conditions of any areawide
 2176  development order.
 2177         2. “Developer” means any person or association of persons,
 2178  including a governmental agency as defined in s. 380.031(6),
 2179  that petitions for authorization to file an application for
 2180  development approval for an areawide development plan.
 2181         (b) A developer may petition for authorization to submit a
 2182  proposed areawide development of regional impact for a defined
 2183  planning area in accordance with the following requirements:
 2184         1. A petition shall be submitted to the local government,
 2185  the regional planning agency, and the state land planning
 2186  agency.
 2187         2. A public hearing or joint public hearing shall be held
 2188  if required by paragraph (e), with appropriate notice, before
 2189  the affected local government.
 2190         3. The state land planning agency shall apply the following
 2191  criteria for evaluating a petition:
 2192         a. Whether the developer is financially capable of
 2193  processing the application for development approval through
 2194  final approval pursuant to this section.
 2195         b. Whether the defined planning area and anticipated
 2196  development therein appear to be of a character, magnitude, and
 2197  location that a proposed areawide development plan would be in
 2198  the public interest. Any public interest determination under
 2199  this criterion is preliminary and not binding on the state land
 2200  planning agency, regional planning agency, or local government.
 2201         4. The state land planning agency shall develop and make
 2202  available standard forms for petitions and applications for
 2203  development approval for use under this subsection.
 2204         (c) Any person may submit a petition to a local government
 2205  having jurisdiction over an area to be developed, requesting
 2206  that government to approve that person as a developer, whether
 2207  or not any or all development will be undertaken by that person,
 2208  and to approve the area as appropriate for an areawide
 2209  development of regional impact.
 2210         (d) A general purpose local government with jurisdiction
 2211  over an area to be considered in an areawide development of
 2212  regional impact shall not have to petition itself for
 2213  authorization to prepare and consider an application for
 2214  development approval for an areawide development plan. However,
 2215  such a local government shall initiate the preparation of an
 2216  application only:
 2217         1. After scheduling and conducting a public hearing as
 2218  specified in paragraph (e); and
 2219         2. After conducting such hearing, finding that the planning
 2220  area meets the standards and criteria pursuant to subparagraph
 2221  (b)3. for determining that an areawide development plan will be
 2222  in the public interest.
 2223         (e) The local government shall schedule a public hearing
 2224  within 60 days after receipt of the petition. The public hearing
 2225  shall be advertised at least 30 days prior to the hearing. In
 2226  addition to the public hearing notice by the local government,
 2227  the petitioner, except when the petitioner is a local
 2228  government, shall provide actual notice to each person owning
 2229  land within the proposed areawide development plan at least 30
 2230  days prior to the hearing. If the petitioner is a local
 2231  government, or local governments pursuant to an interlocal
 2232  agreement, notice of the public hearing shall be provided by the
 2233  publication of an advertisement in a newspaper of general
 2234  circulation that meets the requirements of this paragraph. The
 2235  advertisement must be no less than one-quarter page in a
 2236  standard size or tabloid size newspaper, and the headline in the
 2237  advertisement must be in type no smaller than 18 point. The
 2238  advertisement shall not be published in that portion of the
 2239  newspaper where legal notices and classified advertisements
 2240  appear. The advertisement must be published in a newspaper of
 2241  general paid circulation in the county and of general interest
 2242  and readership in the community, not one of limited subject
 2243  matter, pursuant to chapter 50. Whenever possible, the
 2244  advertisement must appear in a newspaper that is published at
 2245  least 5 days a week, unless the only newspaper in the community
 2246  is published less than 5 days a week. The advertisement must be
 2247  in substantially the form used to advertise amendments to
 2248  comprehensive plans pursuant to s. 163.3184. The local
 2249  government shall specifically notify in writing the regional
 2250  planning agency and the state land planning agency at least 30
 2251  days prior to the public hearing. At the public hearing, all
 2252  interested parties may testify and submit evidence regarding the
 2253  petitioner’s qualifications, the need for and benefits of an
 2254  areawide development of regional impact, and such other issues
 2255  relevant to a full consideration of the petition. If more than
 2256  one local government has jurisdiction over the defined planning
 2257  area in an areawide development plan, the local governments
 2258  shall hold a joint public hearing. Such hearing shall address,
 2259  at a minimum, the need to resolve conflicting ordinances or
 2260  comprehensive plans, if any. The local government holding the
 2261  joint hearing shall comply with the following additional
 2262  requirements:
 2263         1. The notice of the hearing shall be published at least 60
 2264  days in advance of the hearing and shall specify where the
 2265  petition may be reviewed.
 2266         2. The notice shall be given to the state land planning
 2267  agency, to the applicable regional planning agency, and to such
 2268  other persons as may have been designated by the state land
 2269  planning agency as entitled to receive such notices.
 2270         3. A public hearing date shall be set by the appropriate
 2271  local government at the next scheduled meeting.
 2272         (f) Following the public hearing, the local government
 2273  shall issue a written order, appealable under s. 380.07, which
 2274  approves, approves with conditions, or denies the petition. It
 2275  shall approve the petitioner as the developer if it finds that
 2276  the petitioner and defined planning area meet the standards and
 2277  criteria, consistent with applicable law, pursuant to
 2278  subparagraph (b)3.
 2279         (g) The local government shall submit any order which
 2280  approves the petition, or approves the petition with conditions,
 2281  to the petitioner, to all owners of property within the defined
 2282  planning area, to the regional planning agency, and to the state
 2283  land planning agency within 30 days after the order becomes
 2284  effective.
 2285         (h) The petitioner, an owner of property within the defined
 2286  planning area, the appropriate regional planning agency by vote
 2287  at a regularly scheduled meeting, or the state land planning
 2288  agency may appeal the decision of the local government to the
 2289  Florida Land and Water Adjudicatory Commission by filing a
 2290  notice of appeal with the commission. The procedures established
 2291  in s. 380.07 shall be followed for such an appeal.
 2292         (i) After the time for appeal of the decision has run, an
 2293  approved developer may submit an application for development
 2294  approval for a proposed areawide development of regional impact
 2295  for land within the defined planning area, pursuant to
 2296  subsection (6). Development undertaken in conformance with an
 2297  areawide development order issued under this section shall not
 2298  require further development-of-regional-impact review.
 2299         (j) In reviewing an application for a proposed areawide
 2300  development of regional impact, the regional planning agency
 2301  shall evaluate, and the local government shall consider, the
 2302  following criteria, in addition to any other criteria set forth
 2303  in this section:
 2304         1. Whether the developer has demonstrated its legal,
 2305  financial, and administrative ability to perform any commitments
 2306  it has made in the application for a proposed areawide
 2307  development of regional impact.
 2308         2. Whether the developer has demonstrated that all property
 2309  owners within the defined planning area consent or do not object
 2310  to the proposed areawide development of regional impact.
 2311         3. Whether the area and the anticipated development are
 2312  consistent with the applicable local, regional, and state
 2313  comprehensive plans, except as provided for in paragraph (k).
 2314         (k) In addition to the requirements of subsection (14), a
 2315  development order approving, or approving with conditions, a
 2316  proposed areawide development of regional impact shall specify
 2317  the approved land uses and the amount of development approved
 2318  within each land use category in the defined planning area. The
 2319  development order shall incorporate by reference the approved
 2320  areawide development plan. The local government shall not
 2321  approve an areawide development plan that is inconsistent with
 2322  the local comprehensive plan, except that a local government may
 2323  amend its comprehensive plan pursuant to paragraph (6)(b).
 2324         (l) Any owner of property within the defined planning area
 2325  may withdraw his or her consent to the areawide development plan
 2326  at any time prior to local government approval, with or without
 2327  conditions, of the petition; and the plan, the areawide
 2328  development order, and the exemption from development-of
 2329  regional-impact review of individual projects under this section
 2330  shall not thereafter apply to the owner’s property. After the
 2331  areawide development order is issued, a landowner may withdraw
 2332  his or her consent only with the approval of the local
 2333  government.
 2334         (m) If the developer of an areawide development of regional
 2335  impact is a general purpose local government with jurisdiction
 2336  over the land area included within the areawide development
 2337  proposal and if no interest in the land within the land area is
 2338  owned, leased, or otherwise controlled by a person, corporate or
 2339  natural, for the purpose of mining or beneficiation of minerals,
 2340  then:
 2341         1. Demonstration of property owner consent or lack of
 2342  objection to an areawide development plan shall not be required;
 2343  and
 2344         2. The option to withdraw consent does not apply, and all
 2345  property and development within the areawide development
 2346  planning area shall be subject to the areawide plan and to the
 2347  development order conditions.
 2348         (n) After a development order approving an areawide
 2349  development plan is received, changes shall be subject to the
 2350  provisions of subsection (19), except that the percentages and
 2351  numerical criteria shall be double those listed in paragraph
 2352  (19)(b).
 2353         (11)(26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
 2354         (a) There is hereby established a process to abandon a
 2355  development of regional impact and its associated development
 2356  orders. A development of regional impact and its associated
 2357  development orders may be proposed to be abandoned by the owner
 2358  or developer. The local government in whose jurisdiction in
 2359  which the development of regional impact is located also may
 2360  propose to abandon the development of regional impact, provided
 2361  that the local government gives individual written notice to
 2362  each development-of-regional-impact owner and developer of
 2363  record, and provided that no such owner or developer objects in
 2364  writing to the local government before prior to or at the public
 2365  hearing pertaining to abandonment of the development of regional
 2366  impact. The state land planning agency is authorized to
 2367  promulgate rules that shall include, but not be limited to,
 2368  criteria for determining whether to grant, grant with
 2369  conditions, or deny a proposal to abandon, and provisions to
 2370  ensure that the developer satisfies all applicable conditions of
 2371  the development order and adequately mitigates for the impacts
 2372  of the development. If there is no existing development within
 2373  the development of regional impact at the time of abandonment
 2374  and no development within the development of regional impact is
 2375  proposed by the owner or developer after such abandonment, an
 2376  abandonment order may shall not require the owner or developer
 2377  to contribute any land, funds, or public facilities as a
 2378  condition of such abandonment order. The local government must
 2379  file rules shall also provide a procedure for filing notice of
 2380  the abandonment pursuant to s. 28.222 with the clerk of the
 2381  circuit court for each county in which the development of
 2382  regional impact is located. Abandonment will be deemed to have
 2383  occurred upon the recording of the notice. Any decision by a
 2384  local government concerning the abandonment of a development of
 2385  regional impact is shall be subject to an appeal pursuant to s.
 2386  380.07. The issues in any such appeal must shall be confined to
 2387  whether the provisions of this subsection or any rules
 2388  promulgated thereunder have been satisfied.
 2389         (b) If requested by the owner, developer, or local
 2390  government, the development-of-regional-impact development order
 2391  must be abandoned by the local government having jurisdiction
 2392  upon a showing that all required mitigation related to the
 2393  amount of development which existed on the date of abandonment
 2394  has been completed or will be completed under an existing permit
 2395  or equivalent authorization issued by a governmental agency as
 2396  defined in s. 380.031(6), provided such permit or authorization
 2397  is subject to enforcement through administrative or judicial
 2398  remedies Upon receipt of written confirmation from the state
 2399  land planning agency that any required mitigation applicable to
 2400  completed development has occurred, an industrial development of
 2401  regional impact located within the coastal high-hazard area of a
 2402  rural area of opportunity which was approved before the adoption
 2403  of the local government’s comprehensive plan required under s.
 2404  163.3167 and which plan’s future land use map and zoning
 2405  designates the land use for the development of regional impact
 2406  as commercial may be unilaterally abandoned without the need to
 2407  proceed through the process described in paragraph (a) if the
 2408  developer or owner provides a notice of abandonment to the local
 2409  government and records such notice with the applicable clerk of
 2410  court. Abandonment shall be deemed to have occurred upon the
 2411  recording of the notice. All development following abandonment
 2412  must shall be fully consistent with the current comprehensive
 2413  plan and applicable zoning.
 2414         (c)A development order for abandonment of an approved
 2415  development of regional impact may be amended by a local
 2416  government pursuant to subsection (7), provided that the
 2417  amendment does not reduce any mitigation previously required as
 2418  a condition of abandonment, unless the developer demonstrates
 2419  that changes to the development no longer will result in impacts
 2420  that necessitated the mitigation.
 2421         (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
 2422  DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
 2423  or her rights, responsibilities, and obligations under a
 2424  development order and the development order does not clearly
 2425  define his or her rights, responsibilities, and obligations, the
 2426  developer or owner may request participation in resolving the
 2427  dispute through the dispute resolution process outlined in s.
 2428  186.509. The Department of Economic Opportunity shall be
 2429  notified by certified mail of any meeting held under the process
 2430  provided for by this subsection at least 5 days before the
 2431  meeting.
 2432         (28) PARTIAL STATUTORY EXEMPTIONS.—
 2433         (a) If the binding agreement referenced under paragraph
 2434  (24)(l) for urban service boundaries is not entered into within
 2435  12 months after establishment of the urban service boundary, the
 2436  development-of-regional-impact review for projects within the
 2437  urban service boundary must address transportation impacts only.
 2438         (b) If the binding agreement referenced under paragraph
 2439  (24)(m) for rural land stewardship areas is not entered into
 2440  within 12 months after the designation of a rural land
 2441  stewardship area, the development-of-regional-impact review for
 2442  projects within the rural land stewardship area must address
 2443  transportation impacts only.
 2444         (c) If the binding agreement for designated urban infill
 2445  and redevelopment areas is not entered into within 12 months
 2446  after the designation of the area or July 1, 2007, whichever
 2447  occurs later, the development-of-regional-impact review for
 2448  projects within the urban infill and redevelopment area must
 2449  address transportation impacts only.
 2450         (d) A local government that does not wish to enter into a
 2451  binding agreement or that is unable to agree on the terms of the
 2452  agreement referenced under paragraph (24)(l) or paragraph
 2453  (24)(m) shall provide written notification to the state land
 2454  planning agency of the decision to not enter into a binding
 2455  agreement or the failure to enter into a binding agreement
 2456  within the 12-month period referenced in paragraphs (a), (b) and
 2457  (c). Following the notification of the state land planning
 2458  agency, development-of-regional-impact review for projects
 2459  within an urban service boundary under paragraph (24)(l), or a
 2460  rural land stewardship area under paragraph (24)(m), must
 2461  address transportation impacts only.
 2462         (e) The vesting provision of s. 163.3167(5) relating to an
 2463  authorized development of regional impact does not apply to
 2464  those projects partially exempt from the development-of
 2465  regional-impact review process under paragraphs (a)-(d).
 2466         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 2467         (a) The following are exempt from this section:
 2468         1. Any proposed development in a municipality that has an
 2469  average of at least 1,000 people per square mile of land area
 2470  and a minimum total population of at least 5,000;
 2471         2. Any proposed development within a county, including the
 2472  municipalities located in the county, that has an average of at
 2473  least 1,000 people per square mile of land area and is located
 2474  within an urban service area as defined in s. 163.3164 which has
 2475  been adopted into the comprehensive plan;
 2476         3. Any proposed development within a county, including the
 2477  municipalities located therein, which has a population of at
 2478  least 900,000, that has an average of at least 1,000 people per
 2479  square mile of land area, but which does not have an urban
 2480  service area designated in the comprehensive plan; or
 2481         4. Any proposed development within a county, including the
 2482  municipalities located therein, which has a population of at
 2483  least 1 million and is located within an urban service area as
 2484  defined in s. 163.3164 which has been adopted into the
 2485  comprehensive plan.
 2486  
 2487  The Office of Economic and Demographic Research within the
 2488  Legislature shall annually calculate the population and density
 2489  criteria needed to determine which jurisdictions meet the
 2490  density criteria in subparagraphs 1.-4. by using the most recent
 2491  land area data from the decennial census conducted by the Bureau
 2492  of the Census of the United States Department of Commerce and
 2493  the latest available population estimates determined pursuant to
 2494  s. 186.901. If any local government has had an annexation,
 2495  contraction, or new incorporation, the Office of Economic and
 2496  Demographic Research shall determine the population density
 2497  using the new jurisdictional boundaries as recorded in
 2498  accordance with s. 171.091. The Office of Economic and
 2499  Demographic Research shall annually submit to the state land
 2500  planning agency by July 1 a list of jurisdictions that meet the
 2501  total population and density criteria. The state land planning
 2502  agency shall publish the list of jurisdictions on its Internet
 2503  website within 7 days after the list is received. The
 2504  designation of jurisdictions that meet the criteria of
 2505  subparagraphs 1.-4. is effective upon publication on the state
 2506  land planning agency’s Internet website. If a municipality that
 2507  has previously met the criteria no longer meets the criteria,
 2508  the state land planning agency shall maintain the municipality
 2509  on the list and indicate the year the jurisdiction last met the
 2510  criteria. However, any proposed development of regional impact
 2511  not within the established boundaries of a municipality at the
 2512  time the municipality last met the criteria must meet the
 2513  requirements of this section until such time as the municipality
 2514  as a whole meets the criteria. Any county that meets the
 2515  criteria shall remain on the list in accordance with the
 2516  provisions of this paragraph. Any jurisdiction that was placed
 2517  on the dense urban land area list before June 2, 2011, shall
 2518  remain on the list in accordance with the provisions of this
 2519  paragraph.
 2520         (b) If a municipality that does not qualify as a dense
 2521  urban land area pursuant to paragraph (a) designates any of the
 2522  following areas in its comprehensive plan, any proposed
 2523  development within the designated area is exempt from the
 2524  development-of-regional-impact process:
 2525         1. Urban infill as defined in s. 163.3164;
 2526         2. Community redevelopment areas as defined in s. 163.340;
 2527         3. Downtown revitalization areas as defined in s. 163.3164;
 2528         4. Urban infill and redevelopment under s. 163.2517; or
 2529         5. Urban service areas as defined in s. 163.3164 or areas
 2530  within a designated urban service boundary under s.
 2531  163.3177(14), Florida Statutes (2010).
 2532         (c) If a county that does not qualify as a dense urban land
 2533  area designates any of the following areas in its comprehensive
 2534  plan, any proposed development within the designated area is
 2535  exempt from the development-of-regional-impact process:
 2536         1. Urban infill as defined in s. 163.3164;
 2537         2. Urban infill and redevelopment under s. 163.2517; or
 2538         3. Urban service areas as defined in s. 163.3164.
 2539         (d) A development that is located partially outside an area
 2540  that is exempt from the development-of-regional-impact program
 2541  must undergo development-of-regional-impact review pursuant to
 2542  this section. However, if the total acreage that is included
 2543  within the area exempt from development-of-regional-impact
 2544  review exceeds 85 percent of the total acreage and square
 2545  footage of the approved development of regional impact, the
 2546  development-of-regional-impact development order may be
 2547  rescinded in both local governments pursuant to s. 380.115(1),
 2548  unless the portion of the development outside the exempt area
 2549  meets the threshold criteria of a development-of-regional
 2550  impact.
 2551         (e) In an area that is exempt under paragraphs (a)-(c), any
 2552  previously approved development-of-regional-impact development
 2553  orders shall continue to be effective, but the developer has the
 2554  option to be governed by s. 380.115(1). A pending application
 2555  for development approval shall be governed by s. 380.115(2).
 2556         (f) Local governments must submit by mail a development
 2557  order to the state land planning agency for projects that would
 2558  be larger than 120 percent of any applicable development-of
 2559  regional-impact threshold and would require development-of
 2560  regional-impact review but for the exemption from the program
 2561  under paragraphs (a)-(c). For such development orders, the state
 2562  land planning agency may appeal the development order pursuant
 2563  to s. 380.07 for inconsistency with the comprehensive plan
 2564  adopted under chapter 163.
 2565         (g) If a local government that qualifies as a dense urban
 2566  land area under this subsection is subsequently found to be
 2567  ineligible for designation as a dense urban land area, any
 2568  development located within that area which has a complete,
 2569  pending application for authorization to commence development
 2570  may maintain the exemption if the developer is continuing the
 2571  application process in good faith or the development is
 2572  approved.
 2573         (h) This subsection does not limit or modify the rights of
 2574  any person to complete any development that has been authorized
 2575  as a development of regional impact pursuant to this chapter.
 2576         (i) This subsection does not apply to areas:
 2577         1. Within the boundary of any area of critical state
 2578  concern designated pursuant to s. 380.05;
 2579         2. Within the boundary of the Wekiva Study Area as
 2580  described in s. 369.316; or
 2581         3. Within 2 miles of the boundary of the Everglades
 2582  Protection Area as described in s. 373.4592(2).
 2583         (12)(30) PROPOSED DEVELOPMENTS.—A proposed development that
 2584  exceeds the statewide guidelines and standards specified in s.
 2585  380.0651 and is not otherwise exempt pursuant to s. 380.0651
 2586  must otherwise subject to the review requirements of this
 2587  section shall be approved by a local government pursuant to s.
 2588  163.3184(4) in lieu of proceeding in accordance with this
 2589  section. However, if the proposed development is consistent with
 2590  the comprehensive plan as provided in s. 163.3194(3)(b), the
 2591  development is not required to undergo review pursuant to s.
 2592  163.3184(4) or this section. This subsection does not apply to
 2593  amendments to a development order governing an existing
 2594  development of regional impact.
 2595         Section 3. Section 380.061, Florida Statutes, is amended to
 2596  read:
 2597         380.061 The Florida Quality Developments program.—
 2598         (1) This section only applies to developments approved as
 2599  Florida Quality Developments before the effective date of this
 2600  act There is hereby created the Florida Quality Developments
 2601  program. The intent of this program is to encourage development
 2602  which has been thoughtfully planned to take into consideration
 2603  protection of Florida’s natural amenities, the cost to local
 2604  government of providing services to a growing community, and the
 2605  high quality of life Floridians desire. It is further intended
 2606  that the developer be provided, through a cooperative and
 2607  coordinated effort, an expeditious and timely review by all
 2608  agencies with jurisdiction over the project of his or her
 2609  proposed development.
 2610         (2) Following written notification to the state land
 2611  planning agency and the appropriate regional planning agency, a
 2612  local government with an approved Florida Quality Development
 2613  within its jurisdiction must set a public hearing pursuant to
 2614  its local procedures and shall adopt a local development order
 2615  to replace and supersede the development order adopted by the
 2616  state land planning agency for the Florida Quality Development.
 2617  Thereafter, the Florida Quality Development shall follow the
 2618  procedures and requirements for developments of regional impact
 2619  as specified in this chapter Developments that may be designated
 2620  as Florida Quality Developments are those developments which are
 2621  above 80 percent of any numerical thresholds in the guidelines
 2622  and standards for development-of-regional-impact review pursuant
 2623  to s. 380.06.
 2624         (3)(a) To be eligible for designation under this program,
 2625  the developer shall comply with each of the following
 2626  requirements if applicable to the site of a qualified
 2627  development:
 2628         1. Donate or enter into a binding commitment to donate the
 2629  fee or a lesser interest sufficient to protect, in perpetuity,
 2630  the natural attributes of the types of land listed below. In
 2631  lieu of this requirement, the developer may enter into a binding
 2632  commitment that runs with the land to set aside such areas on
 2633  the property, in perpetuity, as open space to be retained in a
 2634  natural condition or as otherwise permitted under this
 2635  subparagraph. Under the requirements of this subparagraph, the
 2636  developer may reserve the right to use such areas for passive
 2637  recreation that is consistent with the purposes for which the
 2638  land was preserved.
 2639         a. Those wetlands and water bodies throughout the state
 2640  which would be delineated if the provisions of s. 373.4145(1)(b)
 2641  were applied. The developer may use such areas for the purpose
 2642  of site access, provided other routes of access are unavailable
 2643  or impracticable; may use such areas for the purpose of
 2644  stormwater or domestic sewage management and other necessary
 2645  utilities if such uses are permitted pursuant to chapter 403; or
 2646  may redesign or alter wetlands and water bodies within the
 2647  jurisdiction of the Department of Environmental Protection which
 2648  have been artificially created if the redesign or alteration is
 2649  done so as to produce a more naturally functioning system.
 2650         b. Active beach or primary and, where appropriate,
 2651  secondary dunes, to maintain the integrity of the dune system
 2652  and adequate public accessways to the beach. However, the
 2653  developer may retain the right to construct and maintain
 2654  elevated walkways over the dunes to provide access to the beach.
 2655         c. Known archaeological sites determined to be of
 2656  significance by the Division of Historical Resources of the
 2657  Department of State.
 2658         d. Areas known to be important to animal species designated
 2659  as endangered or threatened by the United States Fish and
 2660  Wildlife Service or by the Fish and Wildlife Conservation
 2661  Commission, for reproduction, feeding, or nesting; for traveling
 2662  between such areas used for reproduction, feeding, or nesting;
 2663  or for escape from predation.
 2664         e. Areas known to contain plant species designated as
 2665  endangered by the Department of Agriculture and Consumer
 2666  Services.
 2667         2. Produce, or dispose of, no substances designated as
 2668  hazardous or toxic substances by the United States Environmental
 2669  Protection Agency, the Department of Environmental Protection,
 2670  or the Department of Agriculture and Consumer Services. This
 2671  subparagraph does not apply to the production of these
 2672  substances in nonsignificant amounts as would occur through
 2673  household use or incidental use by businesses.
 2674         3. Participate in a downtown reuse or redevelopment program
 2675  to improve and rehabilitate a declining downtown area.
 2676         4. Incorporate no dredge and fill activities in, and no
 2677  stormwater discharge into, waters designated as Class II,
 2678  aquatic preserves, or Outstanding Florida Waters, except as
 2679  permitted pursuant to s. 403.813(1), and the developer
 2680  demonstrates that those activities meet the standards under
 2681  Class II waters, Outstanding Florida Waters, or aquatic
 2682  preserves, as applicable.
 2683         5. Include open space, recreation areas, Florida-friendly
 2684  landscaping as defined in s. 373.185, and energy conservation
 2685  and minimize impermeable surfaces as appropriate to the location
 2686  and type of project.
 2687         6. Provide for construction and maintenance of all onsite
 2688  infrastructure necessary to support the project and enter into a
 2689  binding commitment with local government to provide an
 2690  appropriate fair-share contribution toward the offsite impacts
 2691  that the development will impose on publicly funded facilities
 2692  and services, except offsite transportation, and condition or
 2693  phase the commencement of development to ensure that public
 2694  facilities and services, except offsite transportation, are
 2695  available concurrent with the impacts of the development. For
 2696  the purposes of offsite transportation impacts, the developer
 2697  shall comply, at a minimum, with the standards of the state land
 2698  planning agency’s development-of-regional-impact transportation
 2699  rule, the approved strategic regional policy plan, any
 2700  applicable regional planning council transportation rule, and
 2701  the approved local government comprehensive plan and land
 2702  development regulations adopted pursuant to part II of chapter
 2703  163.
 2704         7. Design and construct the development in a manner that is
 2705  consistent with the adopted state plan, the applicable strategic
 2706  regional policy plan, and the applicable adopted local
 2707  government comprehensive plan.
 2708         (b) In addition to the foregoing requirements, the
 2709  developer shall plan and design his or her development in a
 2710  manner which includes the needs of the people in this state as
 2711  identified in the state comprehensive plan and the quality of
 2712  life of the people who will live and work in or near the
 2713  development. The developer is encouraged to plan and design his
 2714  or her development in an innovative manner. These planning and
 2715  design features may include, but are not limited to, such things
 2716  as affordable housing, care for the elderly, urban renewal or
 2717  redevelopment, mass transit, the protection and preservation of
 2718  wetlands outside the jurisdiction of the Department of
 2719  Environmental Protection or of uplands as wildlife habitat,
 2720  provision for the recycling of solid waste, provision for onsite
 2721  child care, enhancement of emergency management capabilities,
 2722  the preservation of areas known to be primary habitat for
 2723  significant populations of species of special concern designated
 2724  by the Fish and Wildlife Conservation Commission, or community
 2725  economic development. These additional amenities will be
 2726  considered in determining whether the development qualifies for
 2727  designation under this program.
 2728         (4) The department shall adopt an application for
 2729  development designation consistent with the intent of this
 2730  section.
 2731         (5)(a) Before filing an application for development
 2732  designation, the developer shall contact the Department of
 2733  Economic Opportunity to arrange one or more preapplication
 2734  conferences with the other reviewing entities. Upon the request
 2735  of the developer or any of the reviewing entities, other
 2736  affected state or regional agencies shall participate in this
 2737  conference. The department, in coordination with the local
 2738  government with jurisdiction and the regional planning council,
 2739  shall provide the developer information about the Florida
 2740  Quality Developments designation process and the use of
 2741  preapplication conferences to identify issues, coordinate
 2742  appropriate state, regional, and local agency requirements,
 2743  fully address any concerns of the local government, the regional
 2744  planning council, and other reviewing agencies and the meeting
 2745  of those concerns, if applicable, through development order
 2746  conditions, and otherwise promote a proper, efficient, and
 2747  timely review of the proposed Florida Quality Development. The
 2748  department shall take the lead in coordinating the review
 2749  process.
 2750         (b) The developer shall submit the application to the state
 2751  land planning agency, the appropriate regional planning agency,
 2752  and the appropriate local government for review. The review
 2753  shall be conducted under the time limits and procedures set
 2754  forth in s. 120.60, except that the 90-day time limit shall
 2755  cease to run when the state land planning agency and the local
 2756  government have notified the applicant of their decision on
 2757  whether the development should be designated under this program.
 2758         (c) At any time prior to the issuance of the Florida
 2759  Quality Development development order, the developer of a
 2760  proposed Florida Quality Development shall have the right to
 2761  withdraw the proposed project from consideration as a Florida
 2762  Quality Development. The developer may elect to convert the
 2763  proposed project to a proposed development of regional impact.
 2764  The conversion shall be in the form of a letter to the reviewing
 2765  entities stating the developer’s intent to seek authorization
 2766  for the development as a development of regional impact under s.
 2767  380.06. If a proposed Florida Quality Development converts to a
 2768  development of regional impact, the developer shall resubmit the
 2769  appropriate application and the development shall be subject to
 2770  all applicable procedures under s. 380.06, except that:
 2771         1. A preapplication conference held under paragraph (a)
 2772  satisfies the preapplication procedures requirement under s.
 2773  380.06(7); and
 2774         2. If requested in the withdrawal letter, a finding of
 2775  completeness of the application under paragraph (a) and s.
 2776  120.60 may be converted to a finding of sufficiency by the
 2777  regional planning council if such a conversion is approved by
 2778  the regional planning council.
 2779  
 2780  The regional planning council shall have 30 days to notify the
 2781  developer if the request for conversion of completeness to
 2782  sufficiency is granted or denied. If granted and the application
 2783  is found sufficient, the regional planning council shall notify
 2784  the local government that a public hearing date may be set to
 2785  consider the development for approval as a development of
 2786  regional impact, and the development shall be subject to all
 2787  applicable rules, standards, and procedures of s. 380.06. If the
 2788  request for conversion of completeness to sufficiency is denied,
 2789  the developer shall resubmit the appropriate application for
 2790  review and the development shall be subject to all applicable
 2791  procedures under s. 380.06, except as otherwise provided in this
 2792  paragraph.
 2793         (d) If the local government and state land planning agency
 2794  agree that the project should be designated under this program,
 2795  the state land planning agency shall issue a development order
 2796  which incorporates the plan of development as set out in the
 2797  application along with any agreed-upon modifications and
 2798  conditions, based on recommendations by the local government and
 2799  regional planning council, and a certification that the
 2800  development is designated as one of Florida’s Quality
 2801  Developments. In the event of conflicting recommendations, the
 2802  state land planning agency, after consultation with the local
 2803  government and the regional planning agency, shall resolve such
 2804  conflicts in the development order. Upon designation, the
 2805  development, as approved, is exempt from development-of
 2806  regional-impact review pursuant to s. 380.06.
 2807         (e) If the local government or state land planning agency,
 2808  or both, recommends against designation, the development shall
 2809  undergo development-of-regional-impact review pursuant to s.
 2810  380.06, except as provided in subsection (6) of this section.
 2811         (6)(a) In the event that the development is not designated
 2812  under subsection (5), the developer may appeal that
 2813  determination to the Quality Developments Review Board. The
 2814  board shall consist of the secretary of the state land planning
 2815  agency, the Secretary of Environmental Protection and a member
 2816  designated by the secretary, the Secretary of Transportation,
 2817  the executive director of the Fish and Wildlife Conservation
 2818  Commission, the executive director of the appropriate water
 2819  management district created pursuant to chapter 373, and the
 2820  chief executive officer of the appropriate local government.
 2821  When there is a significant historical or archaeological site
 2822  within the boundaries of a development which is appealed to the
 2823  board, the director of the Division of Historical Resources of
 2824  the Department of State shall also sit on the board. The staff
 2825  of the state land planning agency shall serve as staff to the
 2826  board.
 2827         (b) The board shall meet once each quarter of the year.
 2828  However, a meeting may be waived if no appeals are pending.
 2829         (c) On appeal, the sole issue shall be whether the
 2830  development meets the statutory criteria for designation under
 2831  this program. An affirmative vote of at least five members of
 2832  the board, including the affirmative vote of the chief executive
 2833  officer of the appropriate local government, shall be necessary
 2834  to designate the development by the board.
 2835         (d) The state land planning agency shall adopt procedural
 2836  rules for consideration of appeals under this subsection.
 2837         (7)(a) The development order issued pursuant to this
 2838  section is enforceable in the same manner as a development order
 2839  issued pursuant to s. 380.06.
 2840         (b) Appeal of a development order issued pursuant to this
 2841  section shall be available only pursuant to s. 380.07.
 2842         (8)(a) Any local government comprehensive plan amendments
 2843  related to a Florida Quality Development may be initiated by a
 2844  local planning agency and considered by the local governing body
 2845  at the same time as the application for development approval.
 2846  Nothing in this subsection shall be construed to require
 2847  favorable consideration of a Florida Quality Development solely
 2848  because it is related to a development of regional impact.
 2849         (b) The department shall adopt, by rule, standards and
 2850  procedures necessary to implement the Florida Quality
 2851  Developments program. The rules must include, but need not be
 2852  limited to, provisions governing annual reports and criteria for
 2853  determining whether a proposed change to an approved Florida
 2854  Quality Development is a substantial change requiring further
 2855  review.
 2856         Section 4. Section 380.0651, Florida Statutes, is amended
 2857  to read:
 2858         380.0651 Statewide guidelines, and standards, and
 2859  exemptions.—
 2860         (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide
 2861  guidelines and standards for developments required to undergo
 2862  development-of-regional-impact review provided in this section
 2863  supersede the statewide guidelines and standards previously
 2864  adopted by the Administration Commission that address the same
 2865  development. Other standards and guidelines previously adopted
 2866  by the Administration Commission, including the residential
 2867  standards and guidelines, shall not be superseded. The
 2868  guidelines and standards shall be applied in the manner
 2869  described in s. 380.06(2)(a).
 2870         (2) The Administration Commission shall publish the
 2871  statewide guidelines and standards established in this section
 2872  in its administrative rule in place of the guidelines and
 2873  standards that are superseded by this act, without the
 2874  proceedings required by s. 120.54 and notwithstanding the
 2875  provisions of s. 120.545(1)(c). The Administration Commission
 2876  shall initiate rulemaking proceedings pursuant to s. 120.54 to
 2877  make all other technical revisions necessary to conform the
 2878  rules to this act. Rule amendments made pursuant to this
 2879  subsection shall not be subject to the requirement for
 2880  legislative approval pursuant to s. 380.06(2).
 2881         (3)Subject to the exemptions and partial exemptions
 2882  specified in this section, the following statewide guidelines
 2883  and standards shall be applied in the manner described in s.
 2884  380.06(2) to determine whether the following developments are
 2885  subject to the requirements of s. 380.06 shall be required to
 2886  undergo development-of-regional-impact review:
 2887         (a) Airports.—
 2888         1. Any of the following airport construction projects is
 2889  shall be a development of regional impact:
 2890         a. A new commercial service or general aviation airport
 2891  with paved runways.
 2892         b. A new commercial service or general aviation paved
 2893  runway.
 2894         c. A new passenger terminal facility.
 2895         2. Lengthening of an existing runway by 25 percent or an
 2896  increase in the number of gates by 25 percent or three gates,
 2897  whichever is greater, on a commercial service airport or a
 2898  general aviation airport with regularly scheduled flights is a
 2899  development of regional impact. However, expansion of existing
 2900  terminal facilities at a nonhub or small hub commercial service
 2901  airport is shall not be a development of regional impact.
 2902         3. Any airport development project which is proposed for
 2903  safety, repair, or maintenance reasons alone and would not have
 2904  the potential to increase or change existing types of aircraft
 2905  activity is not a development of regional impact.
 2906  Notwithstanding subparagraphs 1. and 2., renovation,
 2907  modernization, or replacement of airport airside or terminal
 2908  facilities that may include increases in square footage of such
 2909  facilities but does not increase the number of gates or change
 2910  the existing types of aircraft activity is not a development of
 2911  regional impact.
 2912         (b) Attractions and recreation facilities.—Any sports,
 2913  entertainment, amusement, or recreation facility, including, but
 2914  not limited to, a sports arena, stadium, racetrack, tourist
 2915  attraction, amusement park, or pari-mutuel facility, the
 2916  construction or expansion of which:
 2917         1. For single performance facilities:
 2918         a. Provides parking spaces for more than 2,500 cars; or
 2919         b. Provides more than 10,000 permanent seats for
 2920  spectators.
 2921         2. For serial performance facilities:
 2922         a. Provides parking spaces for more than 1,000 cars; or
 2923         b. Provides more than 4,000 permanent seats for spectators.
 2924  
 2925  For purposes of this subsection, “serial performance facilities”
 2926  means those using their parking areas or permanent seating more
 2927  than one time per day on a regular or continuous basis.
 2928         (c) Office development.—Any proposed office building or
 2929  park operated under common ownership, development plan, or
 2930  management that:
 2931         1. Encompasses 300,000 or more square feet of gross floor
 2932  area; or
 2933         2. Encompasses more than 600,000 square feet of gross floor
 2934  area in a county with a population greater than 500,000 and only
 2935  in a geographic area specifically designated as highly suitable
 2936  for increased threshold intensity in the approved local
 2937  comprehensive plan.
 2938         (d) Retail and service development.—Any proposed retail,
 2939  service, or wholesale business establishment or group of
 2940  establishments which deals primarily with the general public
 2941  onsite, operated under one common property ownership,
 2942  development plan, or management that:
 2943         1. Encompasses more than 400,000 square feet of gross area;
 2944  or
 2945         2. Provides parking spaces for more than 2,500 cars.
 2946         (e) Recreational vehicle development.—Any proposed
 2947  recreational vehicle development planned to create or
 2948  accommodate 500 or more spaces.
 2949         (f) Multiuse development.—Any proposed development with two
 2950  or more land uses where the sum of the percentages of the
 2951  appropriate thresholds identified in chapter 28-24, Florida
 2952  Administrative Code, or this section for each land use in the
 2953  development is equal to or greater than 145 percent. Any
 2954  proposed development with three or more land uses, one of which
 2955  is residential and contains at least 100 dwelling units or 15
 2956  percent of the applicable residential threshold, whichever is
 2957  greater, where the sum of the percentages of the appropriate
 2958  thresholds identified in chapter 28-24, Florida Administrative
 2959  Code, or this section for each land use in the development is
 2960  equal to or greater than 160 percent. This threshold is in
 2961  addition to, and does not preclude, a development from being
 2962  required to undergo development-of-regional-impact review under
 2963  any other threshold.
 2964         (g) Residential development.—A rule may not be adopted
 2965  concerning residential developments which treats a residential
 2966  development in one county as being located in a less populated
 2967  adjacent county unless more than 25 percent of the development
 2968  is located within 2 miles or less of the less populated adjacent
 2969  county. The residential thresholds of adjacent counties with
 2970  less population and a lower threshold may not be controlling on
 2971  any development wholly located within areas designated as rural
 2972  areas of opportunity.
 2973         (h) Workforce housing.—The applicable guidelines for
 2974  residential development and the residential component for
 2975  multiuse development shall be increased by 50 percent where the
 2976  developer demonstrates that at least 15 percent of the total
 2977  residential dwelling units authorized within the development of
 2978  regional impact will be dedicated to affordable workforce
 2979  housing, subject to a recorded land use restriction that shall
 2980  be for a period of not less than 20 years and that includes
 2981  resale provisions to ensure long-term affordability for income
 2982  eligible homeowners and renters and provisions for the workforce
 2983  housing to be commenced prior to the completion of 50 percent of
 2984  the market rate dwelling. For purposes of this paragraph, the
 2985  term “affordable workforce housing” means housing that is
 2986  affordable to a person who earns less than 120 percent of the
 2987  area median income, or less than 140 percent of the area median
 2988  income if located in a county in which the median purchase price
 2989  for a single-family existing home exceeds the statewide median
 2990  purchase price of a single-family existing home. For the
 2991  purposes of this paragraph, the term “statewide median purchase
 2992  price of a single-family existing home” means the statewide
 2993  purchase price as determined in the Florida Sales Report,
 2994  Single-Family Existing Homes, released each January by the
 2995  Florida Association of Realtors and the University of Florida
 2996  Real Estate Research Center.
 2997         (i) Schools.—
 2998         1. The proposed construction of any public, private, or
 2999  proprietary postsecondary educational campus which provides for
 3000  a design population of more than 5,000 full-time equivalent
 3001  students, or the proposed physical expansion of any public,
 3002  private, or proprietary postsecondary educational campus having
 3003  such a design population that would increase the population by
 3004  at least 20 percent of the design population.
 3005         2. As used in this paragraph, “full-time equivalent
 3006  student” means enrollment for 15 or more quarter hours during a
 3007  single academic semester. In career centers or other
 3008  institutions which do not employ semester hours or quarter hours
 3009  in accounting for student participation, enrollment for 18
 3010  contact hours shall be considered equivalent to one quarter
 3011  hour, and enrollment for 27 contact hours shall be considered
 3012  equivalent to one semester hour.
 3013         3. This paragraph does not apply to institutions which are
 3014  the subject of a campus master plan adopted by the university
 3015  board of trustees pursuant to s. 1013.30.
 3016         (2) STATUTORY EXEMPTIONS.—The following developments are
 3017  exempt from s. 380.06:
 3018         (a) Any proposed hospital.
 3019         (b) Any proposed electrical transmission line or electrical
 3020  power plant.
 3021         (c) Any proposed addition to an existing sports facility
 3022  complex if the addition meets the following characteristics:
 3023         1. It would not operate concurrently with the scheduled
 3024  hours of operation of the existing facility;
 3025         2. Its seating capacity would be no more than 75 percent of
 3026  the capacity of the existing facility; and
 3027         3. The sports facility complex property was owned by a
 3028  public body before July 1, 1983.
 3029  
 3030  This exemption does not apply to any pari-mutuel facility as
 3031  defined in s. 550.002.
 3032         (d) Any proposed addition or cumulative additions
 3033  subsequent to July 1, 1988, to an existing sports facility
 3034  complex owned by a state university, if the increased seating
 3035  capacity of the complex is no more than 30 percent of the
 3036  capacity of the existing facility.
 3037         (e) Any addition of permanent seats or parking spaces for
 3038  an existing sports facility located on property owned by a
 3039  public body before July 1, 1973, if future additions do not
 3040  expand existing permanent seating or parking capacity more than
 3041  15 percent annually in excess of the prior year’s capacity.
 3042         (f) Any increase in the seating capacity of an existing
 3043  sports facility having a permanent seating capacity of at least
 3044  50,000 spectators, provided that such an increase does not
 3045  increase permanent seating capacity by more than 5 percent per
 3046  year and does not exceed a total of 10 percent in any 5-year
 3047  period. The sports facility must notify the appropriate local
 3048  government within which the facility is located of the increase
 3049  at least 6 months before the initial use of the increased
 3050  seating in order to permit the appropriate local government to
 3051  develop a traffic management plan for the traffic generated by
 3052  the increase. Any traffic management plan must be consistent
 3053  with the local comprehensive plan, the regional policy plan, and
 3054  the state comprehensive plan.
 3055         (g) Any expansion in the permanent seating capacity or
 3056  additional improved parking facilities of an existing sports
 3057  facility, if the following conditions exist:
 3058         1.a. The sports facility had a permanent seating capacity
 3059  on January 1, 1991, of at least 41,000 spectator seats;
 3060         b. The sum of such expansions in permanent seating capacity
 3061  does not exceed a total of 10 percent in any 5-year period and
 3062  does not exceed a cumulative total of 20 percent for any such
 3063  expansions; or
 3064         c. The increase in additional improved parking facilities
 3065  is a one-time addition and does not exceed 3,500 parking spaces
 3066  serving the sports facility; and
 3067         2. The local government having jurisdiction over the sports
 3068  facility includes in the development order or development permit
 3069  approving such expansion under this paragraph a finding of fact
 3070  that the proposed expansion is consistent with the
 3071  transportation, water, sewer, and stormwater drainage provisions
 3072  of the approved local comprehensive plan and local land
 3073  development regulations relating to those provisions.
 3074  
 3075  Any owner or developer who intends to rely on this statutory
 3076  exemption shall provide to the state land planning agency a copy
 3077  of the local government application for a development permit.
 3078  Within 45 days after receipt of the application, the state land
 3079  planning agency shall render to the local government an advisory
 3080  and nonbinding opinion, in writing, stating whether, in the
 3081  state land planning agency’s opinion, the prescribed conditions
 3082  exist for an exemption under this paragraph. The local
 3083  government shall render the development order approving each
 3084  such expansion to the state land planning agency. The owner,
 3085  developer, or state land planning agency may appeal the local
 3086  government development order pursuant to s. 380.07 within 45
 3087  days after the order is rendered. The scope of review shall be
 3088  limited to the determination of whether the conditions
 3089  prescribed in this paragraph exist. If any sports facility
 3090  expansion undergoes development-of-regional-impact review, all
 3091  previous expansions that were exempt under this paragraph must
 3092  be included in the development-of-regional-impact review.
 3093         (h)Expansion to port harbors, spoil disposal sites,
 3094  navigation channels, turning basins, harbor berths, and other
 3095  related inwater harbor facilities of the ports specified in s.
 3096  403.021(9)(b), port transportation facilities and projects
 3097  listed in s. 311.07(3)(b), and intermodal transportation
 3098  facilities identified pursuant to s. 311.09(3) when such
 3099  expansions, projects, or facilities are consistent with port
 3100  master plans and are in compliance with s. 163.3178.
 3101         (i)Any proposed facility for the storage of any petroleum
 3102  product or any expansion of an existing facility.
 3103         (j)Any renovation or redevelopment within the same parcel
 3104  as the existing development if such renovation or redevelopment
 3105  does not change land use or increase density or intensity of
 3106  use.
 3107         (k)Waterport and marina development, including dry storage
 3108  facilities.
 3109         (l)Any proposed development within an urban service area
 3110  boundary established under s. 163.3177(14), Florida Statutes
 3111  2010, that is not otherwise exempt pursuant to subsection (3),if
 3112  the local government having jurisdiction over the area where the
 3113  development is proposed has adopted the urban service area
 3114  boundary and has entered into a binding agreement with
 3115  jurisdictions that would be impacted and with the Department of
 3116  Transportation regarding the mitigation of impacts on state and
 3117  regional transportation facilities.
 3118         (m)Any proposed development within a rural land
 3119  stewardship area created under s. 163.3248.
 3120         (n)The establishment, relocation, or expansion of any
 3121  military installation as specified in s. 163.3175.
 3122         (o)Any self-storage warehousing that does not allow retail
 3123  or other services.
 3124         (p)Any proposed nursing home or assisted living facility.
 3125         (q)Any development identified in an airport master plan
 3126  and adopted into the comprehensive plan pursuant to s.
 3127  163.3177(6)(b)4.
 3128         (r)Any development identified in a campus master plan and
 3129  adopted pursuant to s. 1013.30.
 3130         (s)Any development in a detailed specific area plan
 3131  prepared and adopted pursuant to s. 163.3245.
 3132         (t)Any proposed solid mineral mine and any proposed
 3133  addition to, expansion of, or change to an existing solid
 3134  mineral mine. A mine owner must, however, enter into a binding
 3135  agreement with the Department of Transportation to mitigate
 3136  impacts to strategic intermodal system facilities. Proposed
 3137  changes to any previously approved solid mineral mine
 3138  development-of-regional-impact development orders having vested
 3139  rights are not subject to further review or approval as a
 3140  development-of-regional-impact or notice-of-proposed-change
 3141  review or approval pursuant to subsection (19), except for those
 3142  applications pending as of July 1, 2011, which are governed by
 3143  s. 380.115(2). Notwithstanding this requirement, pursuant to s.
 3144  380.115(1), a previously approved solid mineral mine
 3145  development-of-regional impact development order continues to
 3146  have vested rights and continues to be effective unless
 3147  rescinded by the developer. All local government regulations of
 3148  proposed solid mineral mines are applicable to any new solid
 3149  mineral mine or to any proposed addition to, expansion of, or
 3150  change to an existing solid mineral mine.
 3151         (u)Notwithstanding any provision in an agreement with or
 3152  among a local government, regional agency, or the state land
 3153  planning agency or in a local government’s comprehensive plan to
 3154  the contrary, a project no longer subject to development-of
 3155  regional-impact review under the revised thresholds specified in
 3156  s. 380.06(2)(b) and this section.
 3157         (v)Any development within a county that has a research and
 3158  education authority created by special act and which is also
 3159  within a research and development park that is operated or
 3160  managed by a research and development authority pursuant to part
 3161  V of chapter 159.
 3162         (w)Any development in an energy economic zone designated
 3163  pursuant to s. 377.809 upon approval by its local governing
 3164  body.
 3165  
 3166  If a use is exempt from review pursuant to paragraphs (a)-(u),
 3167  but will be part of a larger project that is subject to review
 3168  pursuant to s. 380.06(12), the impact of the exempt use must be
 3169  included in the review of the larger project, unless such exempt
 3170  use involves a development that includes a landowner, tenant, or
 3171  user that has entered into a funding agreement with the state
 3172  land planning agency under the Innovation Incentive Program and
 3173  the agreement contemplates a state award of at least $50
 3174  million.
 3175         (3)EXEMPTIONS FOR DENSE URBAN LAND AREAS.
 3176         (a)The following are exempt from the requirements of s.
 3177  380.06:
 3178         1.Any proposed development in a municipality having an
 3179  average of at least 1,000 people per square mile of land area
 3180  and a minimum total population of at least 5,000;
 3181         2.Any proposed development within a county, including the
 3182  municipalities located therein, having an average of at least
 3183  1,000 people per square mile of land area and the development is
 3184  located within an urban service area as defined in s. 163.3164
 3185  which has been adopted into the comprehensive plan as defined in
 3186  s. 163.3164;
 3187         3.Any proposed development within a county, including the
 3188  municipalities located therein, having a population of at least
 3189  900,000 and an average of at least 1,000 people per square mile
 3190  of land area, but which does not have an urban service area
 3191  designated in the comprehensive plan; and
 3192         4.Any proposed development within a county, including the
 3193  municipalities located therein, having a population of at least
 3194  1 million and the development is located within an urban service
 3195  area as defined in s. 163.3164 which has been adopted into the
 3196  comprehensive plan.
 3197  
 3198  The Office of Economic and Demographic Research within the
 3199  Legislature shall annually calculate the population and density
 3200  criteria needed to determine which jurisdictions meet the
 3201  density criteria in subparagraphs 1.-4. by using the most recent
 3202  land area data from the decennial census conducted by the Bureau
 3203  of the Census of the United States Department of Commerce and
 3204  the latest available population estimates determined pursuant to
 3205  s. 186.901. If any local government has had an annexation,
 3206  contraction, or new incorporation, the Office of Economic and
 3207  Demographic Research shall determine the population density
 3208  using the new jurisdictional boundaries as recorded in
 3209  accordance with s. 171.091. The Office of Economic and
 3210  Demographic Research shall annually submit to the state land
 3211  planning agency by July 1 a list of jurisdictions that meet the
 3212  total population and density criteria. The state land planning
 3213  agency shall publish the list of jurisdictions on its website
 3214  within 7 days after the list is received. The designation of
 3215  jurisdictions that meet the criteria of subparagraphs 1.-4. is
 3216  effective upon publication on the state land planning agency’s
 3217  website. If a municipality that has previously met the criteria
 3218  no longer meets the criteria, the state land planning agency
 3219  must maintain the municipality on the list and indicate the year
 3220  the jurisdiction last met the criteria. However, any proposed
 3221  development of regional impact not within the established
 3222  boundaries of a municipality at the time the municipality last
 3223  met the criteria must meet the requirements of this section
 3224  until the municipality as a whole meets the criteria. Any county
 3225  that meets the criteria must remain on the list. Any
 3226  jurisdiction that was placed on the dense urban land area list
 3227  before June 2, 2011, must remain on the list.
 3228         (b)If a municipality that does not qualify as a dense
 3229  urban land area pursuant to paragraph (a) designates any of the
 3230  following areas in its comprehensive plan, any proposed
 3231  development within the designated area is exempt from s. 380.06
 3232  unless otherwise required by part II of chapter 163:
 3233         1.Urban infill as defined in s. 163.3164;
 3234         2.Community redevelopment areas as defined in s. 163.340;
 3235         3.Downtown revitalization areas as defined in s. 163.3164;
 3236         4.Urban infill and redevelopment under s. 163.2517; or
 3237         5.Urban service areas as defined in s. 163.3164 or areas
 3238  within a designated urban service area boundary pursuant to s.
 3239  163.3177(14), Florida Statutes 2010.
 3240         (c)If a county that does not qualify as a dense urban land
 3241  area designates any of the following areas in its comprehensive
 3242  plan, any proposed development within the designated area is
 3243  exempt from the development-of-regional-impact process:
 3244         1.Urban infill as defined in s. 163.3164;
 3245         2.Urban infill and redevelopment pursuant to s. 163.2517;
 3246  or
 3247         3.Urban service areas as defined in s. 163.3164.
 3248         (d)If any portion of a development is located in an area
 3249  that is not exempt from review under s. 380.06, the development
 3250  must undergo review pursuant to that section.
 3251         (e) In an area that is exempt under paragraphs (a), (b),
 3252  and (c), any previously approved development-of-regional-impact
 3253  development orders shall continue to be effective. However, the
 3254  developer has the option to be governed by s. 380.115(1).
 3255         (f)If a local government qualifies as a dense urban land
 3256  area under this subsection and is subsequently found to be
 3257  ineligible for designation as a dense urban land area, any
 3258  development located within that area which has a complete,
 3259  pending application for authorization to commence development
 3260  shall maintain the exemption if the developer is continuing the
 3261  application process in good faith or the development is
 3262  approved.
 3263         (g) This subsection does not limit or modify the rights of
 3264  any person to complete any development that has been authorized
 3265  as a development of regional impact pursuant to this chapter.
 3266         (h) This subsection does not apply to areas:
 3267         1. Within the boundary of any area of critical state
 3268  concern designated pursuant to s. 380.05;
 3269         2. Within the boundary of the Wekiva Study Area as
 3270  described in s. 369.316; or
 3271         3. Within 2 miles of the boundary of the Everglades
 3272  Protection Area as defined in s. 373.4592.
 3273         (4) PARTIAL STATUTORY EXEMPTIONS.—
 3274         (a) If the binding agreement referenced under paragraph
 3275  (2)(l) for urban service boundaries is not entered into within
 3276  12 months after establishment of the urban service area
 3277  boundary, the review pursuant to s. 380.06(12) for projects
 3278  within the urban service area boundary must address
 3279  transportation impacts only.
 3280         (b) If the binding agreement referenced under paragraph
 3281  (2)(m) for rural land stewardship areas is not entered into
 3282  within 12 months after the designation of a rural land
 3283  stewardship area, the review pursuant to s. 380.06(12) for
 3284  projects within the rural land stewardship area must address
 3285  transportation impacts only.
 3286         (c) If the binding agreement for designated urban infill
 3287  and redevelopment areas is not entered into within 12 months
 3288  after the designation of the area or July 1, 2007, whichever
 3289  occurs later, the review pursuant to s. 380.06(12) for projects
 3290  within the urban infill and redevelopment area must address
 3291  transportation impacts only.
 3292         (d) A local government that does not wish to enter into a
 3293  binding agreement or that is unable to agree on the terms of the
 3294  agreement referenced under paragraph (2)(l) or paragraph (2)(m)
 3295  must provide written notification to the state land planning
 3296  agency of the decision to not enter into a binding agreement or
 3297  the failure to enter into a binding agreement within the 12
 3298  month period referenced in paragraphs (a), (b), and (c).
 3299  Following the notification of the state land planning agency, a
 3300  review pursuant to s. 380.06(12) for projects within an urban
 3301  service area boundary under paragraph (2)(l), or a rural land
 3302  stewardship area under paragraph (2)(m), must address
 3303  transportation impacts only.
 3304         (e) The vesting provision of s. 163.3167(5) relating to an
 3305  authorized development of regional impact does not apply to
 3306  those projects partially exempt from s. 380.06 under paragraphs
 3307  (a)-(d) of this subsection.
 3308         (4)Two or more developments, represented by their owners
 3309  or developers to be separate developments, shall be aggregated
 3310  and treated as a single development under this chapter when they
 3311  are determined to be part of a unified plan of development and
 3312  are physically proximate to one other.
 3313         (a) The criteria of three of the following subparagraphs
 3314  must be met in order for the state land planning agency to
 3315  determine that there is a unified plan of development:
 3316         1.a. The same person has retained or shared control of the
 3317  developments;
 3318         b. The same person has ownership or a significant legal or
 3319  equitable interest in the developments; or
 3320         c. There is common management of the developments
 3321  controlling the form of physical development or disposition of
 3322  parcels of the development.
 3323         2. There is a reasonable closeness in time between the
 3324  completion of 80 percent or less of one development and the
 3325  submission to a governmental agency of a master plan or series
 3326  of plans or drawings for the other development which is
 3327  indicative of a common development effort.
 3328         3. A master plan or series of plans or drawings exists
 3329  covering the developments sought to be aggregated which have
 3330  been submitted to a local general-purpose government, water
 3331  management district, the Florida Department of Environmental
 3332  Protection, or the Division of Florida Condominiums, Timeshares,
 3333  and Mobile Homes for authorization to commence development. The
 3334  existence or implementation of a utility’s master utility plan
 3335  required by the Public Service Commission or general-purpose
 3336  local government or a master drainage plan shall not be the sole
 3337  determinant of the existence of a master plan.
 3338         4. There is a common advertising scheme or promotional plan
 3339  in effect for the developments sought to be aggregated.
 3340         (b) The following activities or circumstances shall not be
 3341  considered in determining whether to aggregate two or more
 3342  developments:
 3343         1. Activities undertaken leading to the adoption or
 3344  amendment of any comprehensive plan element described in part II
 3345  of chapter 163.
 3346         2. The sale of unimproved parcels of land, where the seller
 3347  does not retain significant control of the future development of
 3348  the parcels.
 3349         3. The fact that the same lender has a financial interest,
 3350  including one acquired through foreclosure, in two or more
 3351  parcels, so long as the lender is not an active participant in
 3352  the planning, management, or development of the parcels in which
 3353  it has an interest.
 3354         4. Drainage improvements that are not designed to
 3355  accommodate the types of development listed in the guidelines
 3356  and standards contained in or adopted pursuant to this chapter
 3357  or which are not designed specifically to accommodate the
 3358  developments sought to be aggregated.
 3359         (c) Aggregation is not applicable when the following
 3360  circumstances and provisions of this chapter apply:
 3361         1. Developments that are otherwise subject to aggregation
 3362  with a development of regional impact which has received
 3363  approval through the issuance of a final development order may
 3364  not be aggregated with the approved development of regional
 3365  impact. However, this subparagraph does not preclude the state
 3366  land planning agency from evaluating an allegedly separate
 3367  development as a substantial deviation pursuant to s. 380.06(19)
 3368  or as an independent development of regional impact.
 3369         2. Two or more developments, each of which is independently
 3370  a development of regional impact that has or will obtain a
 3371  development order pursuant to s. 380.06.
 3372         3. Completion of any development that has been vested
 3373  pursuant to s. 380.05 or s. 380.06, including vested rights
 3374  arising out of agreements entered into with the state land
 3375  planning agency for purposes of resolving vested rights issues.
 3376  Development-of-regional-impact review of additions to vested
 3377  developments of regional impact shall not include review of the
 3378  impacts resulting from the vested portions of the development.
 3379         4. The developments sought to be aggregated were authorized
 3380  to commence development before September 1, 1988, and could not
 3381  have been required to be aggregated under the law existing
 3382  before that date.
 3383         5. Any development that qualifies for an exemption under s.
 3384  380.06(29).
 3385         6. Newly acquired lands intended for development in
 3386  coordination with a developed and existing development of
 3387  regional impact are not subject to aggregation if the newly
 3388  acquired lands comprise an area that is equal to or less than 10
 3389  percent of the total acreage subject to an existing development
 3390  of-regional-impact development order.
 3391         (d) The provisions of this subsection shall be applied
 3392  prospectively from September 1, 1988. Written decisions,
 3393  agreements, and binding letters of interpretation made or issued
 3394  by the state land planning agency prior to July 1, 1988, shall
 3395  not be affected by this subsection.
 3396         (e) In order to encourage developers to design, finance,
 3397  donate, or build infrastructure, public facilities, or services,
 3398  the state land planning agency may enter into binding agreements
 3399  with two or more developers providing that the joint planning,
 3400  sharing, or use of specified public infrastructure, facilities,
 3401  or services by the developers shall not be considered in any
 3402  subsequent determination of whether a unified plan of
 3403  development exists for their developments. Such binding
 3404  agreements may authorize the developers to pool impact fees or
 3405  impact-fee credits, or to enter into front-end agreements, or
 3406  other financing arrangements by which they collectively agree to
 3407  design, finance, donate, or build such public infrastructure,
 3408  facilities, or services. Such agreements shall be conditioned
 3409  upon a subsequent determination by the appropriate local
 3410  government of consistency with the approved local government
 3411  comprehensive plan and land development regulations.
 3412  Additionally, the developers must demonstrate that the provision
 3413  and sharing of public infrastructure, facilities, or services is
 3414  in the public interest and not merely for the benefit of the
 3415  developments which are the subject of the agreement.
 3416  Developments that are the subject of an agreement pursuant to
 3417  this paragraph shall be aggregated if the state land planning
 3418  agency determines that sufficient aggregation factors are
 3419  present to require aggregation without considering the design
 3420  features, financial arrangements, donations, or construction
 3421  that are specified in and required by the agreement.
 3422         (f) The state land planning agency has authority to adopt
 3423  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 3424  provisions of this subsection.
 3425         Section 5. Section 380.07, Florida Statutes, is amended to
 3426  read:
 3427         380.07 Florida Land and Water Adjudicatory Commission.—
 3428         (1) There is hereby created the Florida Land and Water
 3429  Adjudicatory Commission, which shall consist of the
 3430  Administration Commission. The commission may adopt rules
 3431  necessary to ensure compliance with the area of critical state
 3432  concern program and the requirements for developments of
 3433  regional impact as set forth in this chapter.
 3434         (2) Whenever any local government issues any development
 3435  order in any area of critical state concern, or in regard to the
 3436  abandonment of any approved development of regional impact,
 3437  copies of such orders as prescribed by rule by the state land
 3438  planning agency shall be transmitted to the state land planning
 3439  agency, the regional planning agency, and the owner or developer
 3440  of the property affected by such order. The state land planning
 3441  agency shall adopt rules describing development order rendition
 3442  and effectiveness in designated areas of critical state concern.
 3443  Within 45 days after the order is rendered, the owner, the
 3444  developer, or the state land planning agency may appeal the
 3445  order to the Florida Land and Water Adjudicatory Commission by
 3446  filing a petition alleging that the development order is not
 3447  consistent with the provisions of this part. The appropriate
 3448  regional planning agency by vote at a regularly scheduled
 3449  meeting may recommend that the state land planning agency
 3450  undertake an appeal of a development-of-regional-impact
 3451  development order. Upon the request of an appropriate regional
 3452  planning council, affected local government, or any citizen, the
 3453  state land planning agency shall consider whether to appeal the
 3454  order and shall respond to the request within the 45-day appeal
 3455  period.
 3456         (3) Notwithstanding any other provision of law, an appeal
 3457  of a development order in an area of critical state concern by
 3458  the state land planning agency under this section may include
 3459  consistency of the development order with the local
 3460  comprehensive plan. However, if a development order relating to
 3461  a development of regional impact has been challenged in a
 3462  proceeding under s. 163.3215 and a party to the proceeding
 3463  serves notice to the state land planning agency of the pending
 3464  proceeding under s. 163.3215, the state land planning agency
 3465  shall:
 3466         (a) Raise its consistency issues by intervening as a full
 3467  party in the pending proceeding under s. 163.3215 within 30 days
 3468  after service of the notice; and
 3469         (b) Dismiss the consistency issues from the development
 3470  order appeal.
 3471         (4) The appellant shall furnish a copy of the petition to
 3472  the opposing party, as the case may be, and to the local
 3473  government that issued the order. The filing of the petition
 3474  stays the effectiveness of the order until after the completion
 3475  of the appeal process.
 3476         (5) The 45-day appeal period for a development of regional
 3477  impact within the jurisdiction of more than one local government
 3478  shall not commence until after all the local governments having
 3479  jurisdiction over the proposed development of regional impact
 3480  have rendered their development orders. The appellant shall
 3481  furnish a copy of the notice of appeal to the opposing party, as
 3482  the case may be, and to the local government that which issued
 3483  the order. The filing of the notice of appeal stays shall stay
 3484  the effectiveness of the order until after the completion of the
 3485  appeal process.
 3486         (5)(6)Before Prior to issuing an order, the Florida Land
 3487  and Water Adjudicatory Commission shall hold a hearing pursuant
 3488  to the provisions of chapter 120. The commission shall encourage
 3489  the submission of appeals on the record made pursuant to
 3490  subsection (7) below in cases in which the development order was
 3491  issued after a full and complete hearing before the local
 3492  government or an agency thereof.
 3493         (6)(7) The Florida Land and Water Adjudicatory Commission
 3494  shall issue a decision granting or denying permission to develop
 3495  pursuant to the standards of this chapter and may attach
 3496  conditions and restrictions to its decisions.
 3497         (7)(8) If an appeal is filed with respect to any issues
 3498  within the scope of a permitting program authorized by chapter
 3499  161, chapter 373, or chapter 403 and for which a permit or
 3500  conceptual review approval has been obtained before prior to the
 3501  issuance of a development order, any such issue shall be
 3502  specifically identified in the notice of appeal which is filed
 3503  pursuant to this section, together with other issues that which
 3504  constitute grounds for the appeal. The appeal may proceed with
 3505  respect to issues within the scope of permitting programs for
 3506  which a permit or conceptual review approval has been obtained
 3507  before prior to the issuance of a development order only after
 3508  the commission determines by majority vote at a regularly
 3509  scheduled commission meeting that statewide or regional
 3510  interests may be adversely affected by the development. In
 3511  making this determination, there is shall be a rebuttable
 3512  presumption that statewide and regional interests relating to
 3513  issues within the scope of the permitting programs for which a
 3514  permit or conceptual approval has been obtained are not
 3515  adversely affected.
 3516         Section 6. Section 380.115, Florida Statutes, is amended to
 3517  read:
 3518         380.115 Vested rights and duties; effect of size reduction,
 3519  changes in statewide guidelines and standards.—
 3520         (1) A change in a development-of-regional-impact guideline
 3521  and standard does not abridge or modify any vested or other
 3522  right or any duty or obligation pursuant to any development
 3523  order or agreement that is applicable to a development of
 3524  regional impact. A development that has received a development
 3525  of-regional-impact development order pursuant to s. 380.06 but
 3526  is no longer required to undergo development-of-regional-impact
 3527  review by operation of law may elect a change in the guidelines
 3528  and standards, a development that has reduced its size below the
 3529  thresholds as specified in s. 380.0651, a development that is
 3530  exempt pursuant to s. 380.06(24) or (29), or a development that
 3531  elects to rescind the development order pursuant to are governed
 3532  by the following procedures:
 3533         (1)(a) The development shall continue to be governed by the
 3534  development-of-regional-impact development order and may be
 3535  completed in reliance upon and pursuant to the development order
 3536  unless the developer or landowner has followed the procedures
 3537  for rescission in subsection (2) paragraph (b). Any proposed
 3538  changes to developments which continue to be governed by a
 3539  development-of-regional-impact development order must be
 3540  approved pursuant to s. 380.06(7) s. 380.06(19) as it existed
 3541  before a change in the development-of-regional-impact guidelines
 3542  and standards, except that all percentage criteria are doubled
 3543  and all other criteria are increased by 10 percent. The local
 3544  government issuing the development order must monitor the
 3545  development and enforce the development order. Local governments
 3546  may not issue any permits or approvals or provide any extensions
 3547  of services if the developer fails to act in substantial
 3548  compliance with the development order. The development-of
 3549  regional-impact development order may be enforced by the local
 3550  government as provided in s. 380.11 ss. 380.06(17) and 380.11.
 3551         (2)(b) If requested by the developer or landowner, the
 3552  development-of-regional-impact development order shall be
 3553  rescinded by the local government having jurisdiction upon a
 3554  showing that all required mitigation related to the amount of
 3555  development that existed on the date of rescission has been
 3556  completed or will be completed under an existing permit or
 3557  equivalent authorization issued by a governmental agency as
 3558  defined in s. 380.031(6), if such permit or authorization is
 3559  subject to enforcement through administrative or judicial
 3560  remedies.
 3561         (2) A development with an application for development
 3562  approval pending, pursuant to s. 380.06, on the effective date
 3563  of a change to the guidelines and standards, or a notification
 3564  of proposed change pending on the effective date of a change to
 3565  the guidelines and standards, may elect to continue such review
 3566  pursuant to s. 380.06. At the conclusion of the pending review,
 3567  including any appeals pursuant to s. 380.07, the resulting
 3568  development order shall be governed by the provisions of
 3569  subsection (1).
 3570         (3) A landowner that has filed an application for a
 3571  development-of-regional-impact review prior to the adoption of a
 3572  sector plan pursuant to s. 163.3245 may elect to have the
 3573  application reviewed pursuant to s. 380.06, comprehensive plan
 3574  provisions in force prior to adoption of the sector plan, and
 3575  any requested comprehensive plan amendments that accompany the
 3576  application.
 3577         Section 7. Paragraph (c) of subsection (1) of section
 3578  125.68, Florida Statutes, is amended to read:
 3579         125.68 Codification of ordinances; exceptions; public
 3580  record.—
 3581         (1)
 3582         (c) The following ordinances are exempt from codification
 3583  and annual publication requirements:
 3584         1. Any development agreement, or amendment to such
 3585  agreement, adopted by ordinance pursuant to ss. 163.3220
 3586  163.3243.
 3587         2. Any development order, or amendment to such order,
 3588  adopted by ordinance pursuant to s. 380.06(4) s. 380.06(15).
 3589         Section 8. Paragraph (e) of subsection (3), subsection (6),
 3590  and subsection (12) of section 163.3245, Florida Statutes, are
 3591  amended to read:
 3592         163.3245 Sector plans.—
 3593         (3) Sector planning encompasses two levels: adoption
 3594  pursuant to s. 163.3184 of a long-term master plan for the
 3595  entire planning area as part of the comprehensive plan, and
 3596  adoption by local development order of two or more detailed
 3597  specific area plans that implement the long-term master plan and
 3598  within which s. 380.06 is waived.
 3599         (e) Whenever a local government issues a development order
 3600  approving a detailed specific area plan, a copy of such order
 3601  shall be rendered to the state land planning agency and the
 3602  owner or developer of the property affected by such order, as
 3603  prescribed by rules of the state land planning agency for a
 3604  development order for a development of regional impact. Within
 3605  45 days after the order is rendered, the owner, the developer,
 3606  or the state land planning agency may appeal the order to the
 3607  Florida Land and Water Adjudicatory Commission by filing a
 3608  petition alleging that the detailed specific area plan is not
 3609  consistent with the comprehensive plan or with the long-term
 3610  master plan adopted pursuant to this section. The appellant
 3611  shall furnish a copy of the petition to the opposing party, as
 3612  the case may be, and to the local government that issued the
 3613  order. The filing of the petition stays the effectiveness of the
 3614  order until after completion of the appeal process. However, if
 3615  a development order approving a detailed specific area plan has
 3616  been challenged by an aggrieved or adversely affected party in a
 3617  judicial proceeding pursuant to s. 163.3215, and a party to such
 3618  proceeding serves notice to the state land planning agency, the
 3619  state land planning agency shall dismiss its appeal to the
 3620  commission and shall have the right to intervene in the pending
 3621  judicial proceeding pursuant to s. 163.3215. Proceedings for
 3622  administrative review of an order approving a detailed specific
 3623  area plan shall be conducted consistent with s. 380.07(5) s.
 3624  380.07(6). The commission shall issue a decision granting or
 3625  denying permission to develop pursuant to the long-term master
 3626  plan and the standards of this part and may attach conditions or
 3627  restrictions to its decisions.
 3628         (6) An applicant who applied Concurrent with or subsequent
 3629  to review and adoption of a long-term master plan pursuant to
 3630  paragraph (3)(a), an applicant may apply for master development
 3631  approval pursuant to s. 380.06 s. 380.06(21) for the entire
 3632  planning area shall remain subject to the master development
 3633  order in order to establish a buildout date until which the
 3634  approved uses and densities and intensities of use of the master
 3635  plan are not subject to downzoning, unit density reduction, or
 3636  intensity reduction, unless the developer elects to rescind the
 3637  development order pursuant to s. 380.115, the development order
 3638  is abandoned pursuant to s. 380.06(11), or the local government
 3639  can demonstrate that implementation of the master plan is not
 3640  continuing in good faith based on standards established by plan
 3641  policy, that substantial changes in the conditions underlying
 3642  the approval of the master plan have occurred, that the master
 3643  plan was based on substantially inaccurate information provided
 3644  by the applicant, or that change is clearly established to be
 3645  essential to the public health, safety, or welfare. Review of
 3646  the application for master development approval shall be at a
 3647  level of detail appropriate for the long-term and conceptual
 3648  nature of the long-term master plan and, to the maximum extent
 3649  possible, may only consider information provided in the
 3650  application for a long-term master plan. Notwithstanding s.
 3651  380.06, an increment of development in such an approved master
 3652  development plan must be approved by a detailed specific area
 3653  plan pursuant to paragraph (3)(b) and is exempt from review
 3654  pursuant to s. 380.06.
 3655         (12) Notwithstanding s. 380.06, this part, or any planning
 3656  agreement or plan policy, a landowner or developer who has
 3657  received approval of a master development-of-regional-impact
 3658  development order pursuant to s. 380.06(9) s. 380.06(21) may
 3659  apply to implement this order by filing one or more applications
 3660  to approve a detailed specific area plan pursuant to paragraph
 3661  (3)(b).
 3662         Section 9. Subsections (11), (12), and (14) of section
 3663  163.3246, Florida Statutes, are amended to read:
 3664         163.3246 Local government comprehensive planning
 3665  certification program.—
 3666         (11) If the local government of an area described in
 3667  subsection (10) does not request that the state land planning
 3668  agency review the developments of regional impact that are
 3669  proposed within the certified area, an application for approval
 3670  of a development order within the certified area is shall be
 3671  exempt from review under s. 380.06.
 3672         (12) A local government’s certification shall be reviewed
 3673  by the local government and the state land planning agency as
 3674  part of the evaluation and appraisal process pursuant to s.
 3675  163.3191. Within 1 year after the deadline for the local
 3676  government to update its comprehensive plan based on the
 3677  evaluation and appraisal, the state land planning agency must
 3678  shall renew or revoke the certification. The local government’s
 3679  failure to timely adopt necessary amendments to update its
 3680  comprehensive plan based on an evaluation and appraisal, which
 3681  are found to be in compliance by the state land planning agency,
 3682  is shall be cause for revoking the certification agreement. The
 3683  state land planning agency’s decision to renew or revoke is
 3684  shall be considered agency action subject to challenge under s.
 3685  120.569.
 3686         (14) It is the intent of the Legislature to encourage the
 3687  creation of connected-city corridors that facilitate the growth
 3688  of high-technology industry and innovation through partnerships
 3689  that support research, marketing, workforce, and
 3690  entrepreneurship. It is the further intent of the Legislature to
 3691  provide for a locally controlled, comprehensive plan amendment
 3692  process for such projects that are designed to achieve a
 3693  cleaner, healthier environment; limit urban sprawl by promoting
 3694  diverse but interconnected communities; provide a range of
 3695  intergenerational housing types; protect wildlife and natural
 3696  areas; assure the efficient use of land and other resources;
 3697  create quality communities of a design that promotes alternative
 3698  transportation networks and travel by multiple transportation
 3699  modes; and enhance the prospects for the creation of jobs. The
 3700  Legislature finds and declares that this state’s connected-city
 3701  corridors require a reduced level of state and regional
 3702  oversight because of their high degree of urbanization and the
 3703  planning capabilities and resources of the local government.
 3704         (a) Notwithstanding subsections (2), (4), (5), (6), and
 3705  (7), Pasco County is named a pilot community and shall be
 3706  considered certified for a period of 10 years for connected-city
 3707  corridor plan amendments. The state land planning agency shall
 3708  provide a written notice of certification to Pasco County by
 3709  July 15, 2015, which shall be considered a final agency action
 3710  subject to challenge under s. 120.569. The notice of
 3711  certification must include:
 3712         1. The boundary of the connected-city corridor
 3713  certification area; and
 3714         2. A requirement that Pasco County submit an annual or
 3715  biennial monitoring report to the state land planning agency
 3716  according to the schedule provided in the written notice. The
 3717  monitoring report must, at a minimum, include the number of
 3718  amendments to the comprehensive plan adopted by Pasco County,
 3719  the number of plan amendments challenged by an affected person,
 3720  and the disposition of such challenges.
 3721         (b) A plan amendment adopted under this subsection may be
 3722  based upon a planning period longer than the generally
 3723  applicable planning period of the Pasco County local
 3724  comprehensive plan, must specify the projected population within
 3725  the planning area during the chosen planning period, may include
 3726  a phasing or staging schedule that allocates a portion of Pasco
 3727  County’s future growth to the planning area through the planning
 3728  period, and may designate a priority zone or subarea within the
 3729  connected-city corridor for initial implementation of the plan.
 3730  A plan amendment adopted under this subsection is not required
 3731  to demonstrate need based upon projected population growth or on
 3732  any other basis.
 3733         (c) If Pasco County adopts a long-term transportation
 3734  network plan and financial feasibility plan, and subject to
 3735  compliance with the requirements of such a plan, the projects
 3736  within the connected-city corridor are deemed to have satisfied
 3737  all concurrency and other state agency or local government
 3738  transportation mitigation requirements except for site-specific
 3739  access management requirements.
 3740         (d) If Pasco County does not request that the state land
 3741  planning agency review the developments of regional impact that
 3742  are proposed within the certified area, an application for
 3743  approval of a development order within the certified area is
 3744  exempt from review under s. 380.06.
 3745         (e) The Office of Program Policy Analysis and Government
 3746  Accountability (OPPAGA) shall submit to the Governor, the
 3747  President of the Senate, and the Speaker of the House of
 3748  Representatives by December 1, 2024, a report and
 3749  recommendations for implementing a statewide program that
 3750  addresses the legislative findings in this subsection. In
 3751  consultation with the state land planning agency, OPPAGA shall
 3752  develop the report and recommendations with input from other
 3753  state and regional agencies, local governments, and interest
 3754  groups. OPPAGA shall also solicit citizen input in the
 3755  potentially affected areas and consult with the affected local
 3756  government and stakeholder groups. Additionally, OPPAGA shall
 3757  review local and state actions and correspondence relating to
 3758  the pilot program to identify issues of process and substance in
 3759  recommending changes to the pilot program. At a minimum, the
 3760  report and recommendations must include:
 3761         1. Identification of local governments other than the local
 3762  government participating in the pilot program which should be
 3763  certified. The report may also recommend that a local government
 3764  is no longer appropriate for certification; and
 3765         2. Changes to the certification pilot program.
 3766         Section 10. Subsection (4) of section 189.08, Florida
 3767  Statutes, is amended to read:
 3768         189.08 Special district public facilities report.—
 3769         (4) Those special districts building, improving, or
 3770  expanding public facilities addressed by a development order
 3771  issued to the developer pursuant to s. 380.06 may use the most
 3772  recent local government annual report required by s. 380.06(6)
 3773  s. 380.06(15) and (18) and submitted by the developer, to the
 3774  extent the annual report provides the information required by
 3775  subsection (2).
 3776         Section 11. Subsection (2) of section 190.005, Florida
 3777  Statutes, is amended to read:
 3778         190.005 Establishment of district.—
 3779         (2) The exclusive and uniform method for the establishment
 3780  of a community development district of less than 2,500 acres in
 3781  size or a community development district of up to 7,000 acres in
 3782  size located within a connected-city corridor established
 3783  pursuant to s. 163.3246(13) s. 163.3246(14) shall be pursuant to
 3784  an ordinance adopted by the county commission of the county
 3785  having jurisdiction over the majority of land in the area in
 3786  which the district is to be located granting a petition for the
 3787  establishment of a community development district as follows:
 3788         (a) A petition for the establishment of a community
 3789  development district shall be filed by the petitioner with the
 3790  county commission. The petition shall contain the same
 3791  information as required in paragraph (1)(a).
 3792         (b) A public hearing on the petition shall be conducted by
 3793  the county commission in accordance with the requirements and
 3794  procedures of paragraph (1)(d).
 3795         (c) The county commission shall consider the record of the
 3796  public hearing and the factors set forth in paragraph (1)(e) in
 3797  making its determination to grant or deny a petition for the
 3798  establishment of a community development district.
 3799         (d) The county commission may shall not adopt any ordinance
 3800  which would expand, modify, or delete any provision of the
 3801  uniform community development district charter as set forth in
 3802  ss. 190.006-190.041. An ordinance establishing a community
 3803  development district shall only include the matters provided for
 3804  in paragraph (1)(f) unless the commission consents to any of the
 3805  optional powers under s. 190.012(2) at the request of the
 3806  petitioner.
 3807         (e) If all of the land in the area for the proposed
 3808  district is within the territorial jurisdiction of a municipal
 3809  corporation, then the petition requesting establishment of a
 3810  community development district under this act shall be filed by
 3811  the petitioner with that particular municipal corporation. In
 3812  such event, the duties of the county, hereinabove described, in
 3813  action upon the petition shall be the duties of the municipal
 3814  corporation. If any of the land area of a proposed district is
 3815  within the land area of a municipality, the county commission
 3816  may not create the district without municipal approval. If all
 3817  of the land in the area for the proposed district, even if less
 3818  than 2,500 acres, is within the territorial jurisdiction of two
 3819  or more municipalities or two or more counties, except for
 3820  proposed districts within a connected-city corridor established
 3821  pursuant to s. 163.3246(13) s. 163.3246(14), the petition shall
 3822  be filed with the Florida Land and Water Adjudicatory Commission
 3823  and proceed in accordance with subsection (1).
 3824         (f) Notwithstanding any other provision of this subsection,
 3825  within 90 days after a petition for the establishment of a
 3826  community development district has been filed pursuant to this
 3827  subsection, the governing body of the county or municipal
 3828  corporation may transfer the petition to the Florida Land and
 3829  Water Adjudicatory Commission, which shall make the
 3830  determination to grant or deny the petition as provided in
 3831  subsection (1). A county or municipal corporation shall have no
 3832  right or power to grant or deny a petition that has been
 3833  transferred to the Florida Land and Water Adjudicatory
 3834  Commission.
 3835         Section 12. Paragraph (g) of subsection (1) of section
 3836  190.012, Florida Statutes, is amended to read:
 3837         190.012 Special powers; public improvements and community
 3838  facilities.—The district shall have, and the board may exercise,
 3839  subject to the regulatory jurisdiction and permitting authority
 3840  of all applicable governmental bodies, agencies, and special
 3841  districts having authority with respect to any area included
 3842  therein, any or all of the following special powers relating to
 3843  public improvements and community facilities authorized by this
 3844  act:
 3845         (1) To finance, fund, plan, establish, acquire, construct
 3846  or reconstruct, enlarge or extend, equip, operate, and maintain
 3847  systems, facilities, and basic infrastructures for the
 3848  following:
 3849         (g) Any other project within or without the boundaries of a
 3850  district when a local government issued a development order
 3851  pursuant to s. 380.06 or s. 380.061 approving or expressly
 3852  requiring the construction or funding of the project by the
 3853  district, or when the project is the subject of an agreement
 3854  between the district and a governmental entity and is consistent
 3855  with the local government comprehensive plan of the local
 3856  government within which the project is to be located.
 3857         Section 13. Paragraph (a) of subsection (1) of section
 3858  252.363, Florida Statutes, is amended to read:
 3859         252.363 Tolling and extension of permits and other
 3860  authorizations.—
 3861         (1)(a) The declaration of a state of emergency by the
 3862  Governor tolls the period remaining to exercise the rights under
 3863  a permit or other authorization for the duration of the
 3864  emergency declaration. Further, the emergency declaration
 3865  extends the period remaining to exercise the rights under a
 3866  permit or other authorization for 6 months in addition to the
 3867  tolled period. This paragraph applies to the following:
 3868         1. The expiration of a development order issued by a local
 3869  government.
 3870         2. The expiration of a building permit.
 3871         3. The expiration of a permit issued by the Department of
 3872  Environmental Protection or a water management district pursuant
 3873  to part IV of chapter 373.
 3874         4. The buildout date of a development of regional impact,
 3875  including any extension of a buildout date that was previously
 3876  granted as specified in s. 380.06(7)(c) pursuant to s.
 3877  380.06(19)(c).
 3878         Section 14. Subsection (4) of section 369.303, Florida
 3879  Statutes, is amended to read:
 3880         369.303 Definitions.—As used in this part:
 3881         (4) “Development of regional impact” means a development
 3882  that which is subject to the review procedures established by s.
 3883  380.06 or s. 380.065, and s. 380.07.
 3884         Section 15. Subsection (1) of section 369.307, Florida
 3885  Statutes, is amended to read:
 3886         369.307 Developments of regional impact in the Wekiva River
 3887  Protection Area; land acquisition.—
 3888         (1) Notwithstanding s. 380.06(4) the provisions of s.
 3889  380.06(15), the counties shall consider and issue the
 3890  development permits applicable to a proposed development of
 3891  regional impact which is located partially or wholly within the
 3892  Wekiva River Protection Area at the same time as the development
 3893  order approving, approving with conditions, or denying a
 3894  development of regional impact.
 3895         Section 16. Subsection (8) of section 373.236, Florida
 3896  Statutes, is amended to read:
 3897         373.236 Duration of permits; compliance reports.—
 3898         (8) A water management district may issue a permit to an
 3899  applicant, as set forth in s. 163.3245(13), for the same period
 3900  of time as the applicant’s approved master development order if
 3901  the master development order was issued under s. 380.06(9) s.
 3902  380.06(21) by a county which, at the time the order was issued,
 3903  was designated as a rural area of opportunity under s. 288.0656,
 3904  was not located in an area encompassed by a regional water
 3905  supply plan as set forth in s. 373.709(1), and was not located
 3906  within the basin management action plan of a first magnitude
 3907  spring. In reviewing the permit application and determining the
 3908  permit duration, the water management district shall apply s.
 3909  163.3245(4)(b).
 3910         Section 17. Subsection (13) of section 373.414, Florida
 3911  Statutes, is amended to read:
 3912         373.414 Additional criteria for activities in surface
 3913  waters and wetlands.—
 3914         (13) Any declaratory statement issued by the department
 3915  under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
 3916  as amended, or pursuant to rules adopted thereunder, or by a
 3917  water management district under s. 373.421, in response to a
 3918  petition filed on or before June 1, 1994, shall continue to be
 3919  valid for the duration of such declaratory statement. Any such
 3920  petition pending on June 1, 1994, shall be exempt from the
 3921  methodology ratified in s. 373.4211, but the rules of the
 3922  department or the relevant water management district, as
 3923  applicable, in effect prior to the effective date of s.
 3924  373.4211, shall apply. Until May 1, 1998, activities within the
 3925  boundaries of an area subject to a petition pending on June 1,
 3926  1994, and prior to final agency action on such petition, shall
 3927  be reviewed under the rules adopted pursuant to ss. 403.91
 3928  403.929, 1984 Supplement to the Florida Statutes 1983, as
 3929  amended, and this part, in existence prior to the effective date
 3930  of the rules adopted under subsection (9), unless the applicant
 3931  elects to have such activities reviewed under the rules adopted
 3932  under this part, as amended in accordance with subsection (9).
 3933  In the event that a jurisdictional declaratory statement
 3934  pursuant to the vegetative index in effect prior to the
 3935  effective date of chapter 84-79, Laws of Florida, has been
 3936  obtained and is valid prior to the effective date of the rules
 3937  adopted under subsection (9) or July 1, 1994, whichever is
 3938  later, and the affected lands are part of a project for which a
 3939  master development order has been issued pursuant to s.
 3940  380.06(9) s. 380.06(21), the declaratory statement shall remain
 3941  valid for the duration of the buildout period of the project.
 3942  Any jurisdictional determination validated by the department
 3943  pursuant to rule 17-301.400(8), Florida Administrative Code, as
 3944  it existed in rule 17-4.022, Florida Administrative Code, on
 3945  April 1, 1985, shall remain in effect for a period of 5 years
 3946  following the effective date of this act if proof of such
 3947  validation is submitted to the department prior to January 1,
 3948  1995. In the event that a jurisdictional determination has been
 3949  revalidated by the department pursuant to this subsection and
 3950  the affected lands are part of a project for which a development
 3951  order has been issued pursuant to s. 380.06(4) s. 380.06(15), a
 3952  final development order to which s. 163.3167(5) applies has been
 3953  issued, or a vested rights determination has been issued
 3954  pursuant to s. 380.06(8) s. 380.06(20), the jurisdictional
 3955  determination shall remain valid until the completion of the
 3956  project, provided proof of such validation and documentation
 3957  establishing that the project meets the requirements of this
 3958  sentence are submitted to the department prior to January 1,
 3959  1995. Activities proposed within the boundaries of a valid
 3960  declaratory statement issued pursuant to a petition submitted to
 3961  either the department or the relevant water management district
 3962  on or before June 1, 1994, or a revalidated jurisdictional
 3963  determination, prior to its expiration shall continue thereafter
 3964  to be exempt from the methodology ratified in s. 373.4211 and to
 3965  be reviewed under the rules adopted pursuant to ss. 403.91
 3966  403.929, 1984 Supplement to the Florida Statutes 1983, as
 3967  amended, and this part, in existence prior to the effective date
 3968  of the rules adopted under subsection (9), unless the applicant
 3969  elects to have such activities reviewed under the rules adopted
 3970  under this part, as amended in accordance with subsection (9).
 3971         Section 18. Subsection (5) of section 378.601, Florida
 3972  Statutes, is amended to read:
 3973         378.601 Heavy minerals.—
 3974         (5) Any heavy mineral mining operation which annually mines
 3975  less than 500 acres and whose proposed consumption of water is 3
 3976  million gallons per day or less may shall not be subject
 3977  required to undergo development of regional impact review
 3978  pursuant to s. 380.06, provided permits and plan approvals
 3979  pursuant to either this section and part IV of chapter 373, or
 3980  s. 378.901, are issued.
 3981         Section 19. Section 380.065, Florida Statutes, is repealed.
 3982         Section 20. Paragraph (a) of subsection (2) of section
 3983  380.11, Florida Statutes, is amended to read:
 3984         380.11 Enforcement; procedures; remedies.—
 3985         (2) ADMINISTRATIVE REMEDIES.—
 3986         (a) If the state land planning agency has reason to believe
 3987  a violation of this part or any rule, development order, or
 3988  other order issued hereunder or of any agreement entered into
 3989  under s. 380.032(3) or s. 380.06(8) has occurred or is about to
 3990  occur, it may institute an administrative proceeding pursuant to
 3991  this section to prevent, abate, or control the conditions or
 3992  activity creating the violation.
 3993         Section 21. Paragraph (b) of subsection (2) of section
 3994  403.524, Florida Statutes, is amended to read:
 3995         403.524 Applicability; certification; exemptions.—
 3996         (2) Except as provided in subsection (1), construction of a
 3997  transmission line may not be undertaken without first obtaining
 3998  certification under this act, but this act does not apply to:
 3999         (b) Transmission lines that have been exempted by a binding
 4000  letter of interpretation issued under s. 380.06(3) s. 380.06(4),
 4001  or in which the Department of Economic Opportunity or its
 4002  predecessor agency has determined the utility to have vested
 4003  development rights within the meaning of s. 380.05(18) or s.
 4004  380.06(8) s. 380.06(20).
 4005         Section 22. (1)The rules adopted by the state land
 4006  planning agency to ensure uniform review of developments of
 4007  regional impact by the state land planning agency and regional
 4008  planning agencies and codified in chapter 73C-40, Florida
 4009  Administrative Code, are repealed.
 4010         (2)The rules adopted by the Administration Commission, as
 4011  defined in s. 380.031, Florida Statutes, regarding whether two
 4012  or more developments, represented by their owners or developers
 4013  to be separate developments, shall be aggregated and treated as
 4014  a single development under chapter 380, Florida Statutes, are
 4015  repealed.
 4016         Section 23. The Division of Law Revision and Information is
 4017  directed to replace the phrase “the effective date of this act”
 4018  where it occurs in this act with the date this act takes effect.
 4019         Section 24. This act shall take effect upon becoming a law.