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Volume XII, Number 342

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Growth Management: DRI and Glitch Bills Signed by Florida Governor

Earlier this month, Florida Governor Rick Scott signed two growth management bills into law that were approved during the 2012 Florida legislative session. The first bill, House Bill 979 (the "DRI Bill"), amends several sections of the Florida Statutes relating to Developments of Regional Impact ("DRI") to provide greater regulatory consistency and reduce regulatory burdens for certain large-scale developments. In addition, the DRI Bill adds a statutory exemption for qualified target industry business projects which are not located in a Dense Urban Land Area ("DULA"). Any proposed development not in a DULA which is approved as a comprehensive plan amendment and which is subject to a tax refund agreement pursuant to Section 288.106(5) of the Florida Statutes is exempt from DRI review.
This exemption is effective once a written agreement is executed by the applicant, the local government and the state land planning agency. The DRI Bill also creates a process for agricultural enclaves to apply for a comprehensive plan amendment to allow non-agricultural uses on the property. This time-limited opportunity must be invoked by written application on or before January 1, 2013. The DRI Bill will take effect on July 1, 2012.
The second bill signed into law by Governor Scott, House Bill 7081 (the "Glitch Bill"), is a wide-ranging "glitch" bill that primarily provides consistency and clarification to the 2011 Community Planning Act. Among other things, the Glitch Bill revises the timeframe related to transmittal of comprehensive plan amendments by local governments after a public hearing and the timeframe in which a state land planning agency must issue a notice of intent for a comprehensive plan amendment related to a compliance agreement.
The Glitch Bill also authorizes local governments to retain charter provisions in effect on June 1, 2011 for an initiative or referendum process in regard to development orders or comprehensive plan amendments. The Glitch Bill became effective upon becoming law on April 6, 2012.
©Lowndes, Drosdick, Doster, Kantor & Reed, PA, 2022. All rights reserved.National Law Review, Volume II, Number 118
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About this Author

Aaron Gorovitz, corporate, real estate, attorney, Lowndes, law firm
Partner & Co-Chair, Land Use & Zoning Group

For more than 25 years, Aaron's practice has centered around large and complex commercial, residential and mixed use real estate projects throughout Central Florida. He is often involved in site selection, drafting contracts, and due diligence and is lead counsel in the procurement of Developments of Regional Impact (DRIs), transit-oriented development, comprehensive plan designations, zonings and other governmental approvals and entitlements. He also formulates public/private partnerships, and takes a lead...

407-418-6336
Miranda F. Fitzgerald, Lowndes Law Firm, Real Estate Attorney
Partner

Partner Randi Fitzgerald focuses her practice on land use, zoning, environmental matters and real estate development, including comprehensive planning, Developments of Regional Impact (DRI's), annexation, concurrency, vested rights and property rights issues. She has served as lead counsel for more than 35 DRI's and has represented both property owners and local governments. She represents clients in all phases of development for commercial, residential and mixed-use projects, including site selection, due diligence, and procurement of land use approvals and entitlements.

407-418-6340
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