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FL H1151

Bill

Status

Passed

4/9/2018

Primary Sponsor

Commerce Committee

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Fundamentally shifts review authority for developments of regional impact (DRIs) from a multi-layered state and regional review process to local government approval, requiring proposed developments exceeding statewide DRI guidelines and standards to be approved by local governments pursuant to s. 163.3184(4) in lieu of the former DRI proceedings; developments consistent with the local comprehensive plan are exempt from further review

  • Simplifies DRI thresholds by eliminating the former "rebuttable presumption" zone between 100%-120% of numerical standards — developments below 100% of thresholds are not subject to DRI requirements, while those at or above 100% are subject to requirements — and removes all elevated threshold allowances for urban central business districts, multiuse developments, resort/convention hotels, and rural areas of opportunity

  • Deletes extensive procedural frameworks including preapplication conferences, preliminary development agreements, conceptual agency review, application sufficiency review, regional planning agency reports, and the entire "substantial deviation" framework for evaluating changes to approved DRIs, replacing them with local government review based on adopted comprehensive plans and land development regulations

  • Preserves the validity of previously issued binding letters, clearance letters, essentially built-out agreements, areawide DRI approvals, capital contribution front-ending agreements, and existing DRI development orders, while allowing binding letters of vested rights to be amended by local governments and providing that statutory extensions previously granted for commencement, buildout, or expiration dates remain valid and not subject to review

  • Relocates statutory exemptions from s. 380.06 to s. 380.0651, maintaining exemptions for hospitals, power plants, ports, petroleum storage, military installations, self-storage, nursing homes, campus master plans, detailed specific area plans, rural land stewardship areas, solid mineral mines, and developments within energy economic zones, among others

  • Preserves dense urban land area exemptions by relocating them to s. 380.0651, continuing to exempt municipalities with ≥1,000 people per square mile and ≥5,000 population, qualifying counties with ≥1,000 people per square mile, and jurisdictions with designated urban infill, community redevelopment, or urban service areas — while maintaining exclusion zones for areas of critical state concern, the Wekiva Study Area, and areas within 2 miles of the Everglades Protection Area

  • Provides a 50% increase in residential DRI thresholds for developments where at least 15% of units are affordable workforce housing (affordable to persons earning less than 120% of area median income, or 140% in high-cost counties), subject to a minimum 20-year land use restriction with resale affordability provisions

  • Requires that proposed changes to previously approved DRIs undergo at least one public hearing before the local governing body, with new conditions limited to impacts directly created by the proposed change; credits against local impact fees, mobility fees, or exactions from prior development order contributions of land, facilities, or payments are preserved and may not be diminished by amendments

  • Limits the Florida Quality Developments program to developments approved before the act's effective date, requiring local governments to adopt local development orders to replace state land planning agency orders for existing designations, and narrows the Florida Land and Water Adjudicatory Commission's appellate jurisdiction to development orders in areas of critical state concern and DRI abandonment matters

  • Existing DRI development orders continue in effect under s. 380.115 unless the developer or landowner requests rescission by demonstrating all required mitigation for existing development has been completed or will be completed under an existing enforceable permit; for changes reviewed under continuing DRI orders, all percentage criteria are doubled and all other criteria increased by 10%

Legislative Description

Developments of Regional Impact

Last Action

Chapter No. 2018-158

4/9/2018

Committee Referrals

Community Affairs3/7/2018
Commerce Committee1/29/2018
Local, Federal and Veterans Affairs Subcommittee1/25/2018
Agriculture and Property Rights Subcommittee1/7/2018

Full Bill Text

No bill text available