Page 94 - Akerman | 2016 Guide to Doing Business in Florida

district or the Florida Department of Environmental Protection) before local approval could
occur. Legislation passed in 2012 prohibits this, but allows the local government to condition
its approval on issuance of such permits.

Because of the complexity of these regulations and processes, development interests are
advised to seek professional assistance from a Lex Mundi-affiliated advisor who can provide
counsel on the complex local and state requirements.

9.8.8 Development of Regional Impact (DRI) Process
One of the earliest requirements adopted into Florida’s growth management system was the
DRI process, a special review required for large-scale projects to ensure that the impacts of
development, and particularly extra-jurisdictional impacts, are addressed and mitigated. While
the DRI development order is issued by the local government, DRIs are subject to state and
regional review and to appeal of the DRI development order by the state land planning agency.
The determination of whether a project must go through the DRI process has been based on
types of use and the amount of development. The development thresholds for triggering the
DRI process vary by location.

Legislation passed in 2009 exempted development in many urbanized areas of the state from
the DRI process. Additional legislation in 2011 further reduced the number of projects required
to go through the process. In 2015, Chapter 2015-30, Laws of Florida essentially ended the
program for new projects. New projects that are not already exempt from DRI review and meet
the DRI thresholds under § 380.06, Florida Statutes, will instead be reviewed as a
comprehensive plan amendment through the state-coordinated comprehensive plan review
process under § 163.3184(4), Florida Statutes. There are still a number of questions regarding
implementation of this provision, but it means no new projects will be required to undergo the
lengthy and costly process of DRI review. Clearly, local governments will retain considerable
leverage to negotiate and condition the project approval, as they do with all projects that require
a comprehensive plan amendment.

The provisions of chapter 380.06 and associated administrative rules 9J-2 and 29-24, Florida
Administrative Code, remain in place for existing DRIs. There are various processes for
removing the DRI status of existing DRIs, but many projects will retain DRI status, either
because they cannot meet the criteria for removing the DRI, or because they choose to retain
it, most often due to the vesting it provides. These projects will remain subject to ongoing
requirements for monitoring, record-keeping and reporting, and changes to the approved
development program can trigger additional review by state and regional agencies.

9.8.9 Areas of Critical State Concern (ACSCs)
Florida has a handful of areas that are designated as Areas of Critical State Concern (ACSCs).
This program was established to protect resources and public facilities of major statewide
significance. Designated Areas of Critical State Concern are:

• City of Apalachicola (Franklin County)
• City of Key West and the Florida Keys (Monroe County)

• The Green Swamp (portions of Polk and Lake Counties)
• The Big Cypress Swamp (Collier County)

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