Developments of Regional Impact

2018 Legislative Change Eliminates Developments of Regional Impact Review

Effective April 9, 2018, the statutory provisions in Chapter 380, Florida Statutes, related to developments of regional impact (DRI) were amended to eliminate the review process regarding changes to existing DRIs. See Chapter 2018-158, Laws of Florida. This change is in addition to statutory changes in 2015 and 2016 that eliminated the DRI review process for new proposed developments that exceed the DRI thresholds and are not exempt from review. Amendments to development orders for existing DRIs will now be considered by the local governments that issued the development orders, without state and regional review, pursuant to their local development review procedures.

Comprehensive plan amendments for proposed developments that exceed the DRI thresholds and are not otherwise exempt will continue to be reviewed by the Florida Department of Economic Opportunity (DEO) under the state coordinated review process in section 163.3184(4), Florida Statutes, as provided in section 380.06(12), Florida Statutes. See the below section on 2015-2016 Statutory Changes Affecting Developments of Regional Impact. The information on this webpage will be retained until January 1, 2019, as local governments transition the review of existing DRI development orders from the statutory DRI process formerly in section 380.06, Florida Statutes, to their local development review processes. Questions related to DEO’s responsibilities under the new statutory requirements adopted in 2015, 2016 and 2018 may be directed to:

History of Developments of Regional Impact

The Florida Legislature first visited the subject of growth management and comprehensive planning in 1972 with the adoption of two land use programs:

  1. The Areas of Critical State Concern Program, which protects areas of critical state concern through state designation, and
  2. The Developments of Regional Impact Program, which provided a process to identify regional impacts from large developments and required appropriate development order provisions to mitigate these impacts.

The rules governing developments of regional impact were set forth in Rule 73C-40, Florida Administrative Code.

DEO reviewed developments of regional impact to ensure compliance with state law and to identify the regional and state impacts of large-scale developments. DEO also made recommendations to local governments suggesting mitigation conditions, and/or approving or not approving proposed developments. The developer or DEO was authorized to appeal local government development orders to the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission.

Definition of "Development of Regional Impact"

Pursuant to Section 380.06(1), Florida Statutes, a development of regional impact is defined as "any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety or welfare of citizens of more than one county."

A development of regional impact was determined, in part, based on the size of the development. Numerical thresholds for different types of development are identified in Section 380.0651, Florida Statutes, and Rule 28-24, Florida Administrative Code. Depending on the size of the project the determination of whether the project was a development of regional impact may have been based on whether the development would significantly impact state and regional resources and facilities. If the project was at 100 percent or between 100 and 120 percent of a numerical threshold, it was presumed that the project must undergo development of regional impact review. However, this presumption could be rebutted. If the project exceeded the applicable threshold(s) by 20 percent or more then the development was required to undergo a development of regional impact review.

2015-2016 Statutory Changes Affecting Developments of Regional Impact

Approval Process

Effective May 14, 2015, a new proposed development otherwise subject to the review requirements of section 380.06, Florida Statutes, shall be approved by a local government pursuant to a comprehensive plan amendment adopted under the state coordinated review process in section 163.3184(4), Florida Statutes, in lieu of proceeding under section 380.06. This provision applies if a comprehensive plan amendment is needed for the proposed development. See section 380.06(30), Florida Statutes; Chapter 2015-30, section 18, Laws of Florida; Chapter 2016-148, section 7, Laws of Florida. When a comprehensive plan amendment is needed, a site specific plan amendment approving the development is required.

Development of Regional Impact Exemption for Dense Urban Land Areas

Developments of Regional Impact - Thresholds

Developments of Regional Impact Historical Data

Developments of Regional Impact Forms

All DRI forms were repealed pursuant to Chapter 2018-158, Laws of Florida, effective April 9, 2018. The following forms are retained temporarily on this webpage for informational purposes only.

Florida Quality Developments Program (Repealed pursuant to Chapter 2018-158, Laws of Florida)

The Florida Quality Developments (FQD) Program was created to encourage thoughtfully planned developments and to take into consideration the protection of Florida's natural amenities, the cost to local government of providing services to a growing community and the quality of life Floridians desire. Developments that met the Florida Quality Development standards could expect a timely review and were allowed to use the Florida Quality Development certification mark for promotional, informational or advertising purposes. There were 18 developments designated as Florida Quality Developments, the last of which was designated on June 9, 1999. Pursuant to Chapter 2018-158, Laws of Florida, local governments with an FQD in their jurisdiction are required to adopt a development order for the development that will supersede and replace the FQD development order issued by the state land planning agency.

Additional Information

For more information, please contact the planner for the local government in which the development is located.

Contacts

  • Donna Harris

    (850) 717-8491
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