FL
Florida House Bill H1177

Florida 2024 Regular Session

Florida House Bill H1177 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to land development; amending s. 2
1616 125.01, F.S.; revising the powers of counties to 3
1717 include hearing appeals from municipal historic 4
1818 preservation boards; creating s. 163.046, F.S.; 5
1919 prohibiting local governments from requiring specified 6
2020 documents or a fee for tree pruning, trimming, or 7
2121 removal on certain properties; prohibiting local 8
2222 governments from requiring property owners to replant 9
2323 trees pruned, trimmed, or removed on certain 10
24-properties; amending s. 163.3180, F.S.; modifying 11
25-requirements for local governments implementing a 12
26-transportation concurrency system; amending s. 13
27-163.31801, F.S.; revising legislative intent with 14
28-respect to the adoption of impact fees by special 15
29-districts; clarifying circumstances under which a 16
30-local government or spec ial district must credit 17
31-certain contributions toward the collection of an 18
32-impact fee; creating s. 166.04152, F.S.; prescribing 19
33-manner for appealing final order or decision made by a 20
34-municipal historic preservation board; requiring the 21
35-board of county comm issioners to hold a public 22
36-hearing; authorizing the board of county commissioners 23
37-to approve or reject a final order or decision; 24
38-providing that appeal to board of county commissioners 25
24+properties; amending s. 163.3167, F.S.; revising the 11
25+scope of power and responsibility of municipalities 12
26+and counties under the Community Planning Act; 13
27+amending s. 163.3180, F.S.; modifying requirements for 14
28+local governments implementing a transportation 15
29+concurrency system; amending s. 163.31801, F.S.; 16
30+revising legislative intent with respect to the 17
31+adoption of impact fees by special districts; 18
32+clarifying circumstances under which a local 19
33+government or special district must credit certain 20
34+contributions toward the collection of an impact fee; 21
35+creating s. 166.04152, F.S.; prescribing manner for 22
36+appealing final order or decision made by a municipal 23
37+historic preservation board; requiring the board of 24
38+county commissioners to hold a public hearing; 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-is supplemental to all other remedies available under 26
52-law; amending s. 380.06, F.S.; revising exceptions 27
53-from provisions governing credits against local impact 28
54-fees; revising procedures regarding local government 29
55-review of changes to previously approved developments 30
56-of regional impact; specifying changes that are not 31
57-subject to local government review; authorizing 32
58-changes to multimodal pathways, or the substitution of 33
59-such pathways, in previously approved developments of 34
60-regional impact if certain conditions are met; 35
61-specifying that certain changes to comprehensive plan 36
62-policies and land development regulations do not apply 37
63-to proposed changes to an approved development of 38
64-regional impact or to development orders required to 39
65-implement the approved development of regional impact; 40
66-revising acts that are deemed to constitute an ac t of 41
67-reliance by a developer to vest rights; providing an 42
68-effective date. 43
69- 44
70-Be It Enacted by the Legislature of the State of Florida: 45
71- 46
72- Section 1. Paragraph (dd) is added to subsection (1) of 47
73-section 125.01, Florida Statutes, to read: 48
74- 125.01 Powers and duties.— 49
75- (1) The legislative and governing body of a county shall 50
51+authorizing the board of county commissioners to 26
52+approve or reject a final order or decision; providing 27
53+that appeal to board of county commissioners is 28
54+supplemental to all other remedies available under 29
55+law; amending s. 380.06, F.S.; revising exceptions 30
56+from provisions governing credits against local impact 31
57+fees; revising procedures r egarding local government 32
58+review of changes to previously approved developments 33
59+of regional impact; specifying changes that are not 34
60+subject to local government review; authorizing 35
61+changes to multimodal pathways, or the substitution of 36
62+such pathways, in pre viously approved developments of 37
63+regional impact if certain conditions are met; 38
64+specifying that certain changes to comprehensive plan 39
65+policies and land development regulations do not apply 40
66+to proposed changes to an approved development of 41
67+regional impact or to development orders required to 42
68+implement the approved development of regional impact; 43
69+revising acts that are deemed to constitute an act of 44
70+reliance by a developer to vest rights; providing an 45
71+effective date. 46
72+ 47
73+Be It Enacted by the Legislature of the State of Florida: 48
74+ 49
75+ Section 1. Paragraph (dd) is added to subsection (1) of 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-have the power to carry on county government. To the extent not 51
89-inconsistent with general or special law, this power includes, 52
90-but is not restricted to, the power to: 53
91- (dd) Hear appeals of final orders and decisions of 54
92-municipal historic preservation boards as provided in s. 55
93-166.04152. 56
94- Section 2. Section 163.046, Florida Statutes, is created 57
95-to read: 58
96- 163.046 Tree pruning, trimming, or removal; property used 59
97-for veterans health care facilities.- 60
98- (1) A local government may not require a notice, 61
99-application, approval, permit, fee, or mitigation for the 62
100-pruning, trimming, or removal of a tree on property being used 63
101-for the construction or development of a veterans health care 64
102-facility, as approved by the United States Department of 65
103-Veterans Affairs. 66
104- (2) A local government may not require a property owner to 67
105-replant a tree that was pruned, trimmed, or removed in 68
106-accordance with this section. 69
107- Section 3. Paragraphs (a) through (i) of subsection (5) of 70
108-section 163.3180, Florida Statutes, are redesignated as 71
109-paragraphs (b) through (j), respectively, present paragraphs (h) 72
110-and (i) are amended, and a new paragraph (a) is added to that 73
111-subsection, to read: 74
112- 163.3180 Concurrency. — 75
88+section 125.01, Florida Statutes, to read: 51
89+ 125.01 Powers and duties. — 52
90+ (1) The legislative and governing body of a county shall 53
91+have the power to carry on county governm ent. To the extent not 54
92+inconsistent with general or special law, this power includes, 55
93+but is not restricted to, the power to: 56
94+ (dd) Hear appeals of final orders and decisions of 57
95+municipal historic preservation boards as provided in s. 58
96+166.04152. 59
97+ Section 2. Section 163.046, Florida Statutes, is created 60
98+to read: 61
99+ 163.046 Tree pruning, trimming, or removal; property used 62
100+for veterans health care facilities. - 63
101+ (1) A local government may not require a notice, 64
102+application, approval, permit, fee, or mitigat ion for the 65
103+pruning, trimming, or removal of a tree on property being used 66
104+for the construction or development of a veterans health care 67
105+facility, as approved by the United States Department of 68
106+Veterans Affairs. 69
107+ (2) A local government may not require a p roperty owner to 70
108+replant a tree that was pruned, trimmed, or removed in 71
109+accordance with this section. 72
110+ Section 3. Subsection (1) of section 163.3167, Florida 73
111+Statutes, is amended to read: 74
112+ 163.3167 Scope of act. — 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (5)(a) Local governments shall have exclusive power and 76
126-responsibility to evaluate transportation impacts, apply 77
127-concurrency, and assess any fee related to transportation 78
128-improvements set forth in this subsection. 79
129- (i)(h)1. Notwithstanding any provision i n a development 80
130-order, an agreement, a local comprehensive plan, or a local land 81
131-development regulation, local governments that continue to 82
132-implement a transportation concurrency system, whether in the 83
133-form adopted into the comprehensive plan before the ef fective 84
134-date of the Community Planning Act, chapter 2011 -139, Laws of 85
135-Florida, or as subsequently modified, must: 86
136- a. Consult with the Department of Transportation when 87
137-proposed plan amendments affect facilities on the strategic 88
138-intermodal system. 89
139- b. Exempt public transit facilities from concurrency. For 90
140-the purposes of this sub -subparagraph, public transit facilities 91
141-include transit stations and terminals; transit station parking; 92
142-park-and-ride lots; intermodal public transit connection or 93
143-transfer facilities; fixed bus, guideway, and rail stations; and 94
144-airport passenger terminals and concourses, air cargo 95
145-facilities, and hangars for the assembly, manufacture, 96
146-maintenance, or storage of aircraft. As used in this sub -97
147-subparagraph, the terms "terminals" and "transit facilities" do 98
148-not include seaports or commercial or residential development 99
149-constructed in conjunction with a public transit facility. 100
125+ (1) Notwithstanding any other provisi on of general law, 76
126+except any law pertaining to the protection and restoration of 77
127+the Everglades, the several incorporated municipalities and 78
128+counties shall have exclusive power and responsibility: 79
129+ (a) To plan for their future development and growth. 80
130+ (b) To adopt and amend comprehensive plans, or elements or 81
131+portions thereof, to guide their future development and growth. 82
132+ (c) To implement adopted or amended comprehensive plans by 83
133+the adoption of appropriate land development regulations or 84
134+elements thereof. 85
135+ (d) To evaluate transportation impacts, apply concurrency, 86
136+or assess any fee related to transportation improvements. 87
137+ (e) To establish, support, and maintain administrative 88
138+instruments and procedures to carry out the provisions and 89
139+purposes of this act. 90
140+ 91
141+The powers and authority set out in this act may be employed by 92
142+municipalities and counties individually or jointly by mutual 93
143+agreement in accord with this act and in such combinations as 94
144+their common interests may dictate and require. 95
145+ Section 4. Paragraph (h) of subsection (5) of section 96
146+163.3180, Florida Statutes, is amended to read: 97
147+ 163.3180 Concurrency. — 98
148+ (5) 99
149+ (h)1. Notwithstanding any provision in a development 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162- c. Allow an applicant for a development -of-regional-impact 101
163-development order, development agreement, rezo ning, or other 102
164-land use development permit to satisfy the transportation 103
165-concurrency requirements of the local comprehensive plan, the 104
166-local government's concurrency management system, and s. 380.06, 105
167-when applicable, if: 106
168- (I) The applicant in good faith o ffers to enter into a 107
169-binding agreement to pay for or construct its proportionate 108
170-share of required improvements in a manner consistent with this 109
171-subsection. 110
172- (II) The proportionate -share contribution or construction 111
173-is sufficient to accomplish one or mor e mobility improvements 112
174-that will benefit a regionally significant transportation 113
175-facility. A local government may accept contributions from 114
176-multiple applicants for a planned improvement if it maintains 115
177-contributions in a separate account designated for th at purpose. 116
178- d. Provide the basis upon which the landowners will be 117
179-assessed a proportionate share of the cost addressing the 118
180-transportation impacts resulting from a proposed development. 119
181- e. Credit the fair market value of any land dedicated to a 120
182-governmental entity for transportation facilities against the 121
183-total proportionate share payments computed pursuant to this 122
184-section. 123
185- 2. An applicant is shall not be held responsible for the 124
186-additional cost of reducing or eliminating deficiencies. When an 125
162+order, an agreement, a local comprehensive plan, or a local land 101
163+development regulation, local governments that continue to 102
164+implement a transportation concurrency system, whether in the 103
165+form adopted into the comprehensive plan before the effective 104
166+date of the Community Planning Act, chapter 2011 -139, Laws of 105
167+Florida, or as subsequ ently modified, must: 106
168+ a. Consult with the Department of Transportation when 107
169+proposed plan amendments affect facilities on the strategic 108
170+intermodal system. 109
171+ b. Exempt public transit facilities from concurrency. For 110
172+the purposes of this sub -subparagraph, public transit facilities 111
173+include transit stations and terminals; transit station parking; 112
174+park-and-ride lots; intermodal public transit connection or 113
175+transfer facilities; fixed bus, guideway, and rail stations; and 114
176+airport passenger terminals and concours es, air cargo 115
177+facilities, and hangars for the assembly, manufacture, 116
178+maintenance, or storage of aircraft. As used in this sub -117
179+subparagraph, the terms "terminals" and "transit facilities" do 118
180+not include seaports or commercial or residential development 119
181+constructed in conjunction with a public transit facility. 120
182+ c. Allow an applicant for a development -of-regional-impact 121
183+development order, development agreement, rezoning, or other 122
184+land use development permit to satisfy the transportation 123
185+concurrency requireme nts of the local comprehensive plan, the 124
186+local government's concurrency management system, and s. 380.06, 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-applicant contributes or constructs its proportionate share 126
200-pursuant to this paragraph, a local government may not require 127
201-payment or construction of transportation facilities whose costs 128
202-would be greater than a development's proportionate share of the 129
203-improvements necessary to mitigate the development's impacts. 130
204- a. The proportionate -share contribution shall be 131
205-calculated based upon the number of trips from the proposed 132
206-development expected to reach roadways during the peak hour from 133
207-the stage or phase being ap proved, divided by the change in the 134
208-peak hour maximum service volume of roadways resulting from 135
209-construction of an improvement necessary to maintain or achieve 136
210-the adopted level of service, multiplied by the construction 137
211-cost, at the time of development p ayment, of the improvement 138
212-necessary to maintain or achieve the adopted level of service. 139
213- b. In using the proportionate -share formula provided in 140
214-this subparagraph, the applicant, in its traffic analysis, shall 141
215-identify those roads or facilities that hav e a transportation 142
216-deficiency in accordance with the transportation deficiency as 143
217-defined in subparagraph 4. The proportionate -share formula 144
218-provided in this subparagraph shall be applied only to those 145
219-facilities that are determined to be significantly imp acted by 146
220-the project traffic under review. If any road is determined to 147
221-be transportation deficient without the project traffic under 148
222-review, the costs of correcting that deficiency shall be removed 149
223-from the project's proportionate -share calculation and th e 150
199+when applicable, if: 126
200+ (I) The applicant in good faith offers to enter into a 127
201+binding agreement to pay for or construct its proportionate 128
202+share of required improvements in a manner consistent with this 129
203+subsection. 130
204+ (II) The proportionate -share contribution or construction 131
205+is sufficient to accomplish one or more mobility improvements 132
206+that will benefit a regionally significant transportation 133
207+facility. A local government may accept contributions from 134
208+multiple applicants for a planned improvement if it maintains 135
209+contributions in a separate account designated for that purpose. 136
210+ d. Provide the basis upon which the landowners will be 137
211+assessed a proportionate share of the cost addressing the 138
212+transportation impacts resulting from a proposed development. 139
213+ e. Credit the fair market value of any land dedicated to a 140
214+governmental entity for transportation facilities against the 141
215+total proportionate share payments com puted pursuant to this 142
216+section. 143
217+ 2. An applicant is shall not be held responsible for the 144
218+additional cost of reducing or eliminating deficiencies. When an 145
219+applicant contributes or constructs its proportionate share 146
220+pursuant to this paragraph, a local gove rnment may not require 147
221+payment or construction of transportation facilities whose costs 148
222+would be greater than a development's proportionate share of the 149
223+improvements necessary to mitigate the development's impacts. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-necessary transportation improvements to correct that deficiency 151
237-shall be considered to be in place for purposes of the 152
238-proportionate-share calculation. The improvement necessary to 153
239-correct the transportation deficiency is the funding 154
240-responsibility of the entity that has maintenance responsibility 155
241-for the facility. The development's proportionate share shall be 156
242-calculated only for the needed transportation improvements that 157
243-are greater than the identified deficiency. 158
244- c. When the provisions of subparagr aph 1. and this 159
245-subparagraph have been satisfied for a particular stage or phase 160
246-of development, all transportation impacts from that stage or 161
247-phase for which mitigation was required and provided shall be 162
248-deemed fully mitigated in any transportation analys is for a 163
249-subsequent stage or phase of development. Trips from a previous 164
250-stage or phase that were not analyzed did not result in impacts 165
251-for which mitigation was required or provided may be 166
252-cumulatively analyzed with trips from a subsequent stage or 167
253-phase to determine whether an impact requires mitigation for the 168
254-subsequent stage or phase . 169
255- d. In projecting the number of trips to be generated by 170
256-the development under review, any trips assigned to a toll -171
257-financed facility shall be eliminated from the analys is. 172
258- e. The applicant shall receive a credit on a dollar -for-173
259-dollar basis for impact fees, mobility fees, and other 174
260-transportation concurrency mitigation requirements paid or 175
236+ a. The proportionate -share contribution shall be 151
237+calculated based upon the number of trips from the proposed 152
238+development expected to reach roadways during the peak hour from 153
239+the stage or phase being approved, divided by the change in the 154
240+peak hour maximum service volume of roadways resulting fr om 155
241+construction of an improvement necessary to maintain or achieve 156
242+the adopted level of service, multiplied by the construction 157
243+cost, at the time of development payment, of the improvement 158
244+necessary to maintain or achieve the adopted level of service. 159
245+ b. In using the proportionate -share formula provided in 160
246+this subparagraph, the applicant, in its traffic analysis, shall 161
247+identify those roads or facilities that have a transportation 162
248+deficiency in accordance with the transportation deficiency as 163
249+defined in subparagraph 4. The proportionate -share formula 164
250+provided in this subparagraph shall be applied only to those 165
251+facilities that are determined to be significantly impacted by 166
252+the project traffic under review. If any road is determined to 167
253+be transportation defi cient without the project traffic under 168
254+review, the costs of correcting that deficiency shall be removed 169
255+from the project's proportionate -share calculation and the 170
256+necessary transportation improvements to correct that deficiency 171
257+shall be considered to be i n place for purposes of the 172
258+proportionate-share calculation. The improvement necessary to 173
259+correct the transportation deficiency is the funding 174
260+responsibility of the entity that has maintenance responsibility 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-payable in the future for the project. The credit shall be 176
274-reduced up to 20 perc ent by the percentage share that the 177
275-project's traffic represents of the added capacity of the 178
276-selected improvement, or by the amount specified by local 179
277-ordinance, whichever yields the greater credit. 180
278- 3. This subsection does not require a local governmen t to 181
279-approve a development that, for reasons other than 182
280-transportation impacts, is not qualified for approval pursuant 183
281-to the applicable local comprehensive plan and land development 184
282-regulations. 185
283- 4. As used in this subsection, the term "transportation 186
284-deficiency" means a facility or facilities on which the adopted 187
285-level-of-service standard is exceeded by the existing, 188
286-committed, and vested trips, plus additional projected 189
287-background trips from any source other than the development 190
288-project under review, an d trips that are forecast by established 191
289-traffic standards, including traffic modeling, consistent with 192
290-the University of Florida's Bureau of Economic and Business 193
291-Research medium population projections. Additional projected 194
292-background trips are to be coin cident with the particular stage 195
293-or phase of development under review. 196
294- (j)(i) If a local government elects to repeal 197
295-transportation concurrency, it is encouraged to adopt an 198
296-alternative mobility funding system that uses one or more of the 199
297-tools and techniques identified in paragraph (g)(f). Any 200
273+for the facility. The development's proportionat e share shall be 176
274+calculated only for the needed transportation improvements that 177
275+are greater than the identified deficiency. 178
276+ c. When the provisions of subparagraph 1. and this 179
277+subparagraph have been satisfied for a particular stage or phase 180
278+of development, all transportation impacts from that stage or 181
279+phase for which mitigation was required and provided shall be 182
280+deemed fully mitigated in any transportation analysis for a 183
281+subsequent stage or phase of development. Trips from a previous 184
282+stage or phase that d id not result in impacts for which 185
283+mitigation was required or provided may be cumulatively analyzed 186
284+with trips from a subsequent stage or phase to determine whether 187
285+an impact requires mitigation for the subsequent stage or phase. 188
286+ d. In projecting the num ber of trips to be generated by 189
287+the development under review, any trips assigned to a toll -190
288+financed facility shall be eliminated from the analysis. 191
289+ e. The applicant shall receive a credit on a dollar -for-192
290+dollar basis for impact fees, mobility fees, and o ther 193
291+transportation concurrency mitigation requirements paid or 194
292+payable in the future for the project. The credit shall be 195
293+reduced up to 20 percent by the percentage share that the 196
294+project's traffic represents of the added capacity of the 197
295+selected improvement, or by the amount specified by local 198
296+ordinance, whichever yields the greater credit. 199
297+ 3. This subsection does not require a local government to 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-alternative mobility funding system adopted may not be used to 201
311-deny, time, or phase an application for site plan approval, plat 202
312-approval, final subdivision approval, building permits, or the 203
313-functional equivalent o f such approvals provided that the 204
314-developer agrees to pay for the development's identified 205
315-transportation impacts via the funding mechanism implemented by 206
316-the local government. The revenue from the funding mechanism 207
317-used in the alternative system must be used to implement the 208
318-needs of the local government's plan which serves as the basis 209
319-for the fee imposed. A mobility fee -based funding system must 210
320-comply with s. 163.31801 governing impact fees. An alternative 211
321-system that is not mobility fee -based shall not be applied in a 212
322-manner that imposes upon new development any responsibility for 213
323-funding an existing transportation deficiency as defined in 214
324-paragraph (i)(h). 215
325- Section 4. Subsection (2) and paragraph (a) of subsection 216
310+approve a development that, for reasons other than 201
311+transportation impacts, is not qualified for approval pu rsuant 202
312+to the applicable local comprehensive plan and land development 203
313+regulations. 204
314+ 4. As used in this subsection, the term "transportation 205
315+deficiency" means a facility or facilities on which the adopted 206
316+level-of-service standard is exceeded by the exist ing, 207
317+committed, and vested trips, plus additional projected 208
318+background trips from any source other than the development 209
319+project under review, and trips that are forecast by established 210
320+traffic standards, including traffic modeling, consistent with 211
321+the University of Florida's Bureau of Economic and Business 212
322+Research medium population projections. Additional projected 213
323+background trips are to be coincident with the particular stage 214
324+or phase of development under review. 215
325+ Section 5. Subsection (2) and paragra ph (a) of subsection 216
326326 (5) of section 163.31801, Florida Statutes, are amended to read: 217
327327 163.31801 Impact fees; short title; intent; minimum 218
328328 requirements; audits; challenges. — 219
329329 (2) The Legislature finds that impact fees are an 220
330330 important source of revenue f or a local government to use in 221
331331 funding the infrastructure necessitated by new growth. The 222
332332 Legislature further finds that impact fees are an outgrowth of 223
333333 the home rule power of a local government to provide certain 224
334334 services within its jurisdiction. Due to the growth of impact 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 fee collections and local governments' reliance on impact fees, 226
348348 it is the intent of the Legislature to ensure that, when a 227
349349 county or municipality adopts an impact fee by ordinance or a 228
350350 special district, if authorized by its special act , adopts an 229
351351 impact fee by resolution, the governing authority complies with 230
352352 this section. 231
353353 (5)(a) Notwithstanding any charter provision, 232
354354 comprehensive plan policy, ordinance, development order, 233
355355 development permit, agreement, or resolution to the contrary, 234
356356 the local government or special district must credit against the 235
357357 collection of the impact fee any contribution, whether 236
358358 identified in an a proportionate share agreement or other form 237
359359 of exaction, related to public facilities or infrastructure, 238
360360 including land dedication, site planning and design, or 239
361361 construction. Any contribution must be applied on a dollar -for-240
362362 dollar basis at fair market value to reduce any impact fee 241
363363 collected for the general category or class of public facilities 242
364364 or infrastructure for wh ich the contribution was made. 243
365- Section 5. Section 1 66.04152, Florida Statutes, is created 244
365+ Section 6. Section 166.04152, Florida Statutes, is created 244
366366 to read: 245
367367 166.04152 Final orders and decisions of municipal historic 246
368368 preservation boards. - 247
369369 (1) Notwithstanding any local charter, ordinance, or 248
370370 regulation to the contrary, any final order or decision made by 249
371371 an historic preservation board established pursuant to municipal 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382382
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384384 charter or ordinance may be appealed to the board of county 251
385385 commissioners of the county in which the municipality is 252
386386 located. 253
387387 (2) The board of county commissioners shall hold a public 254
388388 hearing on the appeal within 30 days of receipt of the appeal. 255
389389 (3) The board of county commissioners, after the public 256
390390 hearing, may approve o r reject the final order or decision. The 257
391391 determination of the board of county commissioners is final. 258
392392 (4) This section is supplemental to all other remedies 259
393393 available under law. 260
394- Section 6. Paragraph (d) of subsection (5) and subsections 261
394+ Section 7. Paragraph (d) of subsection (5) and subsections 261
395395 (7) and (8) of section 380.06, Florida Statutes, are amended to 262
396396 read: 263
397397 380.06 Developments of regional impact. — 264
398398 (5) CREDITS AGAINST LOCAL IMPACT FEES. — 265
399399 (d) This subsection does not apply to internal, private 266
400400 onsite facilities required by local regulations or to a ny 267
401401 offsite facilities to the extent that such facilities are 268
402402 necessary to provide safe and adequate services solely to the 269
403403 development and not the general public . 270
404404 (7) CHANGES.— 271
405405 (a) Notwithstanding any provision to the contrary in any 272
406406 development order, agreement, local comprehensive plan, or local 273
407407 land development regulation, this section applies to all any 274
408408 proposed changes change to a previously approved development of 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
419419
420420
421421 regional impact. shall be reviewed by The local government must 276
422422 base its review based on the standards and procedures in its 277
423423 adopted local comprehensive plan and adopted local land 278
424424 development regulations, including, but not limited to, 279
425425 procedures for notice to the applicant and the public regarding 280
426426 the issuance of development orders. However, a change to a 281
427427 development of regional impact that has the effect of reducing 282
428428 the originally approved height, density, or intensity of the 283
429429 development or that changes only the location or acreage of uses 284
430430 and infrastructure or exchanges permitted u ses must be 285
431431 administratively approved and is not subject to review by the 286
432432 local government. The local government review of any proposed 287
433433 change to a previously approved development of regional impact 288
434434 and of any development order required to construct the 289
435435 development set forth in the development of regional impact must 290
436436 be reviewed by the local government based on the standards in 291
437437 the local comprehensive plan at the time the development was 292
438438 originally approved, and if the development would have been 293
439439 consistent with the comprehensive plan in effect when the 294
440440 development was originally approved, the local government may 295
441441 approve the change. If the revised development is approved, the 296
442442 developer may proceed as provided in s. 163.3167(5). For any 297
443443 proposed change to a previously approved development of regional 298
444444 impact, at least one public hearing must be held on the 299
445445 application for change, and any change must be approved by the 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455455
456456
457457
458458 local governing body before it becomes effective. The review 301
459459 must abide by any prior agreemen ts or other actions vesting the 302
460460 laws and policies governing the development. Development within 303
461461 the previously approved development of regional impact may 304
462462 continue, as approved, during the review in portions of the 305
463463 development which are not directly affect ed by the proposed 306
464464 change. 307
465465 (b) The local government shall either adopt an amendment 308
466466 to the development order that approves the application, with or 309
467467 without conditions, or deny the application for the proposed 310
468468 change. Any new conditions in the amendment t o the development 311
469469 order issued by the local government may address only those 312
470470 impacts directly created by the proposed change, and must be 313
471471 consistent with s. 163.3180(5) , the adopted comprehensive plan, 314
472472 and adopted land development regulations . Changes to a phase 315
473473 date, buildout date, expiration date, or termination date may 316
474474 also extend any required mitigation associated with a phased 317
475475 construction project so that mitigation takes place in the same 318
476476 timeframe relative to the impacts as approved. 319
477477 (c) This section is not intended to alter or otherwise 320
478478 limit the extension, previously granted by statute, of a 321
479479 commencement, buildout, phase, termination, or expiration date 322
480480 in any development order for an approved development of regional 323
481481 impact and any corresponding modification of a related permit or 324
482482 agreement. Any such extension is not subject to review or 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
493493
494494
495495 modification in any future amendment to a development order 326
496496 pursuant to the adopted local comprehensive plan and adopted 327
497497 local land development regulations. 328
498498 (d) Any proposed change to a previously approved 329
499499 development of regional impact showing a dedicated multimodal 330
500500 pathway suitable for bicycles, pedestrians, and low -speed 331
501501 vehicles, as defined in s. 320.01(41), along any internal 332
502502 roadway must be approved so lon g as the right-of-way remains 333
503503 sufficient for the ultimate number of lanes of the internal 334
504504 roadway. Any proposed change to a previously approved 335
505505 development of regional impact which proposes to substitute a 336
506506 multimodal pathway suitable for bicycles, pedestri ans, and low-337
507507 speed vehicles, as defined in s. 320.01(41), in lieu of an 338
508508 internal roadway must be approved if the change does not result 339
509509 in any roadway within or adjacent to the development of regional 340
510510 impact falling below the local government's adopted lev el of 341
511511 service and does not increase the original distribution of trips 342
512512 on any roadway analyzed as part of the approved development of 343
513513 regional impact by more than 20 percent. If the developer has 344
514514 already dedicated right -of-way to the local government for t he 345
515515 proposed internal roadway as part of the approval of the 346
516516 proposed change, the local government must return any interest 347
517517 it may have in the right -of-way to the developer. 348
518518 (8) VESTED RIGHTS.—Nothing in this section shall limit or 349
519519 modify the rights of an y person to complete any development that 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529529
530530
531531
532532 was authorized by registration of a subdivision pursuant to 351
533533 former chapter 498, by recordation pursuant to local subdivision 352
534534 plat law, or by a building permit or other authorization to 353
535535 commence development on which there has been reliance and a 354
536536 change of position and which registration or recordation was 355
537537 accomplished, or which permit or authorization was issued, prior 356
538538 to July 1, 1973. If a developer has, by his or her actions in 357
539539 reliance on prior regulations, obtain ed vested or other legal 358
540540 rights that in law would have prevented a local government from 359
541541 changing those regulations in a way adverse to the developer's 360
542542 interests, nothing in this chapter authorizes any governmental 361
543543 agency to abridge those rights. Consistent with s. 163.3167(5), 362
544544 comprehensive plan policies and land development regulations 363
545545 adopted after a development of regional impact has vested do not 364
546546 apply to proposed changes to an approved development of regional 365
547547 impact or to development orders required t o implement the 366
548548 approved development of regional impact. 367
549549 (a) For the purpose of determining the vesting of rights 368
550550 under this subsection, approval pursuant to local subdivision 369
551551 plat law, ordinances, or regulations of a subdivision plat by 370
552552 formal vote of a county or municipal governmental body having 371
553553 jurisdiction after August 1, 1967, and prior to July 1, 1973, is 372
554554 sufficient to vest all property rights for the purposes of this 373
555555 subsection; and no action in reliance on, or change of position 374
556556 concerning, such local governmental approval is required for 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 vesting to take place. Anyone claiming vested rights under this 376
570570 paragraph must notify the department in writing by January 1, 377
571571 1986. Such notification shall include information adequate to 378
572572 document the rights esta blished by this subsection. When such 379
573573 notification requirements are met, in order for the vested 380
574574 rights authorized pursuant to this paragraph to remain valid 381
575575 after June 30, 1990, development of the vested plan must be 382
576576 commenced prior to that date upon the property that the state 383
577577 land planning agency has determined to have acquired vested 384
578578 rights following the notification or in a binding letter of 385
579579 interpretation. When the notification requirements have not been 386
580580 met, the vested rights authorized by this parag raph shall expire 387
581581 June 30, 1986, unless development commenced prior to that date. 388
582582 (b) For the purpose of this act, the conveyance of 389
583583 property or compensation , or the agreement to convey , property 390
584584 or compensation, to the county, state, or local government as a 391
585585 prerequisite to zoning change approval shall be construed as an 392
586586 act of reliance to vest rights as determined under this 393
587587 subsection, provided such zoning change is actually granted by 394
588588 such government. 395
589- Section 7. This act shall take effect upon becoming a law. 396
589+ Section 8. This act shall take effect upon becoming a law. 396