Florida Senate - 2015                                     SB 832
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00777-15                                            2015832__
    1                        A bill to be entitled                      
    2         An act relating to sector plans; amending s. 163.3184,
    3         F.S.; requiring that plan amendments that propose an
    4         amendment to an adopted sector plan follow a specified
    5         state-coordinated review process; amending s.
    6         163.3245, F.S.; establishing that this section is
    7         intended to promote development of a long-term vision
    8         for conservation, development, and agriculture on a
    9         landscape scale; providing that the purpose of a
   10         scoping meeting is to identify the data and resources
   11         available to assist in the preparation of the long
   12         term master plan; providing that if the entire
   13         planning area proposed for the long-term master plan
   14         is within the jurisdiction of two or more local
   15         governments, some or all of them may enter into a
   16         joint planning agreement with respect to the
   17         geographic area that is subject to the long-term
   18         master plan; providing that other requirements of this
   19         chapter inconsistent with or superseded by certain
   20         planning standards relating to a long-term master plan
   21         do not apply; requiring that certain maps,
   22         illustrations, and text included in a long-term master
   23         plan identify general procedures and policies to be
   24         followed in facilitating intergovernmental
   25         coordination that addresses extrajurisdictional
   26         impacts from the future land uses if not addressed in
   27         other plan elements; providing that a long-term master
   28         plan is not required to project certain factors
   29         relating to public facilities or to prescribe certain
   30         application or review procedures for a detailed
   31         specific area plan under certain circumstances;
   32         providing that other requirements of this chapter
   33         inconsistent with or superseded by certain planning
   34         standards relating to detailed specific area plans do
   35         not apply; requiring detailed specific area plans to
   36         identify certain factors related to transportation and
   37         other public facilities in a 5-year capital
   38         improvement schedule of the affected local government;
   39         requiring detailed specific area plans to record
   40         conservation easements effective by a certain date;
   41         requiring detailed specific area plans to identify
   42         specific procedures to facilitate intergovernmental
   43         coordination to address certain extrajurisdictional
   44         impacts if not addressed in other plan elements;
   45         requiring that all lands identified in the long-term
   46         master plan for permanent preservation be subject to a
   47         recorded conservation easement by a certain date;
   48         providing that an applicant may request a
   49         preapplication conference with the local government
   50         that has jurisdiction before filing an application for
   51         a detailed specific area plan, subject to certain
   52         requirements; requiring the local government to
   53         document and provide to participants the findings and
   54         agreements within a certain timeframe following the
   55         conference; providing that the participants may
   56         comment, agree, or disagree in writing with the
   57         documentation within a certain timeframe; prohibiting
   58         the local government and reviewing agencies from
   59         objecting to assumptions and methodologies agreed upon
   60         by participants under certain circumstances; requiring
   61         the applicant for a detailed specific area plan to
   62         transmit copies of the application to specified
   63         reviewing agencies for review and comment; requiring
   64         such comments to be submitted to the local government
   65         having jurisdiction and to the state land planning
   66         agency, subject to certain requirements; requiring
   67         that natural resources within the planning area
   68         identified in a legally effective long-term master
   69         plan as significant for preservation or conservation
   70         be considered regionally significant natural resources
   71         for certain permitting purposes; conforming a cross
   72         reference; authorizing a water management district to
   73         issue a requesting applicant a consumptive use permit
   74         for a duration commensurate with an approved master
   75         development order subject to certain requirements and
   76         restrictions; providing applicability; providing an
   77         effective date.
   78          
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   81         Section 1. Paragraph (c) of subsection (2) of section
   82  163.3184, Florida Statutes, is amended to read:
   83         163.3184 Process for adoption of comprehensive plan or plan
   84  amendment.—
   85         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
   86         (c) Plan amendments that are in an area of critical state
   87  concern designated pursuant to s. 380.05; propose a rural land
   88  stewardship area pursuant to s. 163.3248; propose a sector plan
   89  pursuant to s. 163.3245 or an amendment to an adopted sector
   90  plan; update a comprehensive plan based on an evaluation and
   91  appraisal pursuant to s. 163.3191; propose a development
   92  pursuant to s. 380.06(24)(x); or are new plans for newly
   93  incorporated municipalities adopted pursuant to s. 163.3167
   94  shall follow the state coordinated review process in subsection
   95  (4).
   96         Section 2. Section 163.3245, Florida Statutes, is amended
   97  to read:
   98         163.3245 Sector plans.—
   99         (1) In recognition of the benefits of developing a long
  100  term vision and long-range plans planning for specific areas,
  101  local governments or combinations of local governments may adopt
  102  into their comprehensive plans a sector plan in accordance with
  103  this section. This section is intended to promote and encourage
  104  development of a long-term vision and long-range plans planning
  105  for conservation, development, and agriculture on a landscape
  106  scale; to further support innovative and flexible planning and
  107  development strategies, and the purposes of this part and part I
  108  of chapter 380; to facilitate protection of regionally
  109  significant resources, including, but not limited to, regionally
  110  significant water courses and wildlife corridors; and to avoid
  111  duplication of effort in terms of the level of data and analysis
  112  required for a development of regional impact, while ensuring
  113  the adequate mitigation of impacts to applicable regional
  114  resources and facilities, including those within the
  115  jurisdiction of other local governments, as would otherwise be
  116  provided. Sector plans are intended for substantial geographic
  117  areas that include at least 15,000 acres of one or more local
  118  governmental jurisdictions and are to emphasize urban form and
  119  protection of regionally significant resources and public
  120  facilities. A sector plan may not be adopted in an area of
  121  critical state concern.
  122         (2) Upon the request of a local government having
  123  jurisdiction, the applicable regional planning council shall
  124  conduct a scoping meeting with affected local governments and
  125  those agencies identified in s. 163.3184(1)(c) before
  126  preparation of the sector plan. The purpose of this meeting is
  127  to assist the state land planning agency and the local
  128  government in the identification of the relevant planning issues
  129  to be addressed and the data and resources available to assist
  130  in the preparation of the long-term master sector plan. If a
  131  scoping meeting is conducted, the regional planning council
  132  shall make written recommendations to the state land planning
  133  agency and affected local governments on the issues requested by
  134  the local government. The scoping meeting shall be noticed and
  135  open to the public. If the entire planning area proposed for the
  136  long-term master sector plan is within the jurisdiction of two
  137  or more local governments, some or all of them may enter into a
  138  joint planning agreement pursuant to s. 163.3171 with respect to
  139  the geographic area to be subject to the long-term master sector
  140  plan, the planning issues that will be emphasized, procedures
  141  for intergovernmental coordination to address
  142  extrajurisdictional impacts, supporting application materials
  143  including data and analysis, procedures for public
  144  participation, or other issues.
  145         (3) Sector planning encompasses two levels: adoption
  146  pursuant to s. 163.3184 of a long-term master plan for the
  147  entire planning area as part of the comprehensive plan, and
  148  adoption by local development order of two or more detailed
  149  specific area plans that implement the long-term master plan and
  150  within which s. 380.06 is waived.
  151         (a) In addition to the other requirements of this chapter,
  152  except for those that are inconsistent with or superseded by the
  153  planning standards of this paragraph, a long-term master plan
  154  pursuant to this section must include maps, illustrations, and
  155  text supported by data and analysis to address the following:
  156         1. A framework map that, at a minimum, generally depicts
  157  areas of urban, agricultural, rural, and conservation land use;
  158  identifies allowed uses in various parts of the planning area;
  159  specifies maximum and minimum densities and intensities of use;
  160  and provides the general framework for the development pattern
  161  in developed areas with graphic illustrations based on a
  162  hierarchy of places and functional place-making components.
  163         2. A general identification of the water supplies needed
  164  and available sources of water, including water resource
  165  development and water supply development projects, if any, and
  166  water conservation measures needed to meet the projected demand
  167  of the future land uses in the long-term master plan.
  168         3. A general identification of the transportation
  169  facilities to serve the future land uses in the long-term master
  170  plan, including guidelines to be used to establish each modal
  171  component intended to optimize mobility.
  172         4. A general identification of other regionally significant
  173  public facilities necessary to support the future land uses,
  174  which may include central utilities provided onsite within the
  175  planning area, and policies setting forth the procedures to be
  176  used to mitigate the impacts of future land uses on public
  177  facilities.
  178         5. A general identification of regionally significant
  179  natural resources within the planning area based on the best
  180  available data and policies setting forth the procedures for
  181  protection or conservation of specific resources consistent with
  182  the overall conservation and development strategy for the
  183  planning area.
  184         6. General principles and guidelines addressing the urban
  185  form and the interrelationships of future land uses; the
  186  protection and, as appropriate, restoration and management of
  187  lands identified for permanent preservation through recordation
  188  of conservation easements consistent with s. 704.06, which shall
  189  be phased or staged in coordination with detailed specific area
  190  plans to reflect phased or staged development within the
  191  planning area; achieving a more clean, healthy environment;
  192  limiting urban sprawl; providing a range of housing types;
  193  protecting wildlife and natural areas; advancing the efficient
  194  use of land and other resources; creating quality communities of
  195  a design that promotes travel by multiple transportation modes;
  196  and enhancing the prospects for the creation of jobs.
  197         7. Identification of general procedures and policies to
  198  facilitate intergovernmental coordination to address
  199  extrajurisdictional impacts from the future land uses if not
  200  addressed in other plan elements.
  201  
  202  A long-term master plan adopted pursuant to this section may be
  203  based upon a planning period longer than the generally
  204  applicable planning period of the local comprehensive plan,
  205  shall specify the projected population within the planning area
  206  during the chosen planning period, and may include a phasing or
  207  staging schedule that allocates a portion of the local
  208  government’s future growth to the planning area through the
  209  planning period. A long-term master plan adopted pursuant to
  210  this section is not required to demonstrate need based upon
  211  projected population growth or on any other basis; to project
  212  the costs, locations, phasing or staging, or means of financing
  213  transportation or other public facilities needed to support the
  214  future land uses within the planning area; or to prescribe
  215  application or review procedures for a detailed specific area
  216  plan that would differ from the local government’s generally
  217  applicable requirements for local development orders except as
  218  required by this section.
  219         (b) In addition to the other requirements of this chapter,
  220  except for those that are inconsistent with or superseded by the
  221  planning standards of this paragraph, the detailed specific area
  222  plans shall be consistent with the long-term master plan and
  223  must include conditions and commitments that provide for:
  224         1. Development or conservation of an area of at least 1,000
  225  acres consistent with the long-term master plan. The local
  226  government may approve detailed specific area plans of less than
  227  1,000 acres based on local circumstances if it is determined
  228  that the detailed specific area plan furthers the purposes of
  229  this part and part I of chapter 380.
  230         2. Detailed identification and analysis of the maximum and
  231  minimum densities and intensities of use and the distribution,
  232  extent, and location of future land uses.
  233         3. Detailed identification of water resource development
  234  and water supply development projects, if any, and related
  235  infrastructure and water conservation measures to address water
  236  needs of development in the detailed specific area plan.
  237         4. Detailed identification of the transportation facilities
  238  to serve the future land uses in the detailed specific area
  239  plan, including the costs, locations, phasing or staging, and
  240  means of financing such facilities, in a 5-year capital
  241  improvement schedule of the affected local government.
  242         5. Detailed identification of other regionally significant
  243  public facilities, including public facilities outside the
  244  jurisdiction of the host local government, impacts of future
  245  land uses on those facilities, and required improvements
  246  consistent with the long-term master plan.
  247         6. Public facilities necessary to serve development in the
  248  detailed specific area plan, including the costs, locations,
  249  phasing or staging, and means of financing such facilities,
  250  including developer contributions, in a 5-year capital
  251  improvement schedule of the affected local government.
  252         7. Detailed analysis and identification of specific
  253  measures to ensure the protection and, as appropriate,
  254  restoration and management of lands within the boundary of the
  255  detailed specific area plan identified for permanent
  256  preservation through recordation of conservation easements
  257  consistent with s. 704.06, which easements shall be effective
  258  before or concurrent with the effective date of the latter of
  259  the detailed specific area plan or the environmental permits
  260  necessary to develop lands within the detailed specific area
  261  plan, and other important resources both within and outside the
  262  host jurisdiction.
  263         8. Detailed principles and guidelines addressing the urban
  264  form and the interrelationships of future land uses; achieving a
  265  more clean, healthy environment; limiting urban sprawl;
  266  providing a range of housing types; protecting wildlife and
  267  natural areas; advancing the efficient use of land and other
  268  resources; creating quality communities of a design that
  269  promotes travel by multiple transportation modes; and enhancing
  270  the prospects for the creation of jobs.
  271         9. Identification of specific procedures to facilitate
  272  intergovernmental coordination to address extrajurisdictional
  273  impacts from the detailed specific area plan if not addressed in
  274  other plan elements.
  275  
  276  A detailed specific area plan adopted by local development order
  277  pursuant to this section may be based upon a planning period
  278  longer than the generally applicable planning period of the
  279  local comprehensive plan and shall specify the projected
  280  population within the specific planning area during the chosen
  281  planning period. A detailed specific area plan adopted pursuant
  282  to this section is not required to demonstrate need based upon
  283  projected population growth or on any other basis. All lands
  284  identified in the long-term master plan for permanent
  285  preservation shall be subject to a recorded conservation
  286  easement consistent with s. 704.06 before or concurrent with the
  287  latter of the effective date of the final detailed specific area
  288  plan to be approved within the planning area or the
  289  environmental permits necessary to develop the final detailed
  290  specific area plan.
  291         (c) In its review of a long-term master plan, the state
  292  land planning agency shall consult with the Department of
  293  Agriculture and Consumer Services, the Department of
  294  Environmental Protection, the Fish and Wildlife Conservation
  295  Commission, and the applicable water management district
  296  regarding the design of areas for protection and conservation of
  297  regionally significant natural resources and for the protection
  298  and, as appropriate, restoration and management of lands
  299  identified for permanent preservation.
  300         (d) In its review of a long-term master plan, the state
  301  land planning agency shall consult with the Department of
  302  Transportation, the applicable metropolitan planning
  303  organization, and any urban transit agency regarding the
  304  location, capacity, design, and phasing or staging of major
  305  transportation facilities in the planning area.
  306         (e) Before filing an application for approval of a detailed
  307  specific area plan, the applicant may contact the local
  308  government having jurisdiction over the proposed development to
  309  request a preapplication conference. Before the conference, the
  310  applicant shall provide preliminary information regarding the
  311  proposed detailed specific area plan, including the project
  312  location, the type and magnitude of land uses, preliminary site
  313  and environmental information, preliminary phasing and buildout
  314  dates, and specific methodology proposals. Upon the request of
  315  the applicant or the local government, other state and regional
  316  agencies shall participate in this conference and shall identify
  317  the level of information required for purposes of review of the
  318  proposed development and the types of permits issued by, and the
  319  permit issuance procedures of, the respective agencies with
  320  respect to the proposed development. The level-of-service
  321  standards, standards for determining significant impacts, and
  322  mitigation standards and procedures required in the
  323  transportation methodology must be the same as those used to
  324  evaluate the other developments in the jurisdiction. No more
  325  than 14 days after the conference, the local government shall
  326  document the findings and agreements made by the participants,
  327  including a summary of all assumptions and methodologies agreed
  328  upon at the conference. The documentation shall be provided to
  329  all participants, who have 14 days to comment, agree, or
  330  disagree in writing with the summary. For any assumptions or
  331  methodologies agreed upon by participants, the local government
  332  and reviewing agencies may not subsequently object to those
  333  assumptions and methodologies unless subsequent changes to the
  334  project or information obtained during the review invalidate
  335  those assumptions and methodologies.
  336         (f) The applicant for a detailed specific area plan shall
  337  transmit copies of the application to the reviewing agencies
  338  specified in s. 163.3184(1)(c), or their successor agencies, for
  339  review and comment as to whether the detailed specific area plan
  340  is consistent with the comprehensive plan and the long-term
  341  master plan. Any comments from the reviewing agencies shall be
  342  submitted in writing to the local government with jurisdiction
  343  and to the state land planning agency within 30 days after the
  344  applicant’s transmittal of the application.
  345         (g)(e) Whenever a local government issues a development
  346  order approving a detailed specific area plan, a copy of such
  347  order shall be rendered to the state land planning agency and
  348  the owner or developer of the property affected by such order,
  349  as prescribed by rules of the state land planning agency for a
  350  development order for a development of regional impact. Within
  351  45 days after the order is rendered, the owner, the developer,
  352  or the state land planning agency may appeal the order to the
  353  Florida Land and Water Adjudicatory Commission by filing a
  354  petition alleging with particularity that the detailed specific
  355  area plan is not consistent with the comprehensive plan or with
  356  the long-term master plan adopted pursuant to this section. The
  357  appellant shall furnish a copy of the petition to the opposing
  358  party, as the case may be, and to the local government that
  359  issued the order. The filing of the petition stays the
  360  effectiveness of the order until after completion of the appeal
  361  process. However, if a development order approving a detailed
  362  specific area plan has been challenged by an aggrieved or
  363  adversely affected party in a judicial proceeding pursuant to s.
  364  163.3215, and a party to such proceeding serves notice to the
  365  state land planning agency, the state land planning agency shall
  366  dismiss its appeal to the commission and shall have the right to
  367  intervene in the pending judicial proceeding pursuant to s.
  368  163.3215. Proceedings for administrative review of an order
  369  approving a detailed specific area plan shall be conducted
  370  consistent with s. 380.07(6). The commission shall issue a
  371  decision granting or denying permission to develop pursuant to
  372  the long-term master plan and the standards of this part and may
  373  attach conditions or restrictions to its decisions.
  374         (h)(f) This subsection does not prevent preparation and
  375  approval of the sector plan and detailed specific area plan
  376  concurrently or in the same submission.
  377         (4) Upon the long-term master plan becoming legally
  378  effective:
  379         (a) Any long-range transportation plan developed by a
  380  metropolitan planning organization pursuant to s. 339.175(7)
  381  must be consistent, to the maximum extent feasible, with the
  382  long-term master plan, including, but not limited to, the
  383  projected population and the approved uses and densities and
  384  intensities of use and their distribution within the planning
  385  area. The transportation facilities identified in adopted plans
  386  pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
  387  in coordination with the adopted M.P.O. long-range
  388  transportation plan.
  389         (b) The water needs, sources and water resource
  390  development, and water supply development projects identified in
  391  adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
  392  be incorporated into the applicable district and regional water
  393  supply plans adopted in accordance with ss. 373.036 and 373.709.
  394  Accordingly, and notwithstanding the permit durations stated in
  395  s. 373.236, an applicant may request and the applicable district
  396  may issue consumptive use permits for durations commensurate
  397  with the long-term master plan or detailed specific area plan,
  398  considering the ability of the master plan area to contribute to
  399  regional water supply availability and the need to maximize
  400  reasonable-beneficial use of the water resource. The permitting
  401  criteria in s. 373.223 shall be applied based upon the projected
  402  population and the approved densities and intensities of use and
  403  their distribution in the long-term master plan; however, the
  404  allocation of the water may be phased over the permit duration
  405  to correspond to actual projected needs. This paragraph does not
  406  supersede the public interest test set forth in s. 373.223.
  407         (c) All natural resources within the planning area
  408  identified in the long-term master plan as regionally
  409  significant natural resources for preservation or conservation
  410  must be considered regionally significant natural resources for
  411  purposes of permitting pursuant to chapter 373.
  412         (5) When a detailed specific area plan has become effective
  413  for a portion of the planning area governed by a long-term
  414  master plan adopted pursuant to this section, s. 380.06 does not
  415  apply to development within the geographic area of the detailed
  416  specific area plan. However, any development-of-regional-impact
  417  development order that is vested from the detailed specific area
  418  plan may be enforced pursuant to s. 380.11.
  419         (a) The local government adopting the detailed specific
  420  area plan is primarily responsible for monitoring and enforcing
  421  the detailed specific area plan. Local governments may not issue
  422  any permits or approvals or provide any extensions of services
  423  to development that are not consistent with the detailed
  424  specific area plan.
  425         (b) If the state land planning agency has reason to believe
  426  that a violation of any detailed specific area plan has occurred
  427  or is about to occur, it may institute an administrative or
  428  judicial proceeding to prevent, abate, or control the conditions
  429  or activity creating the violation, using the procedures in s.
  430  380.11.
  431         (c) In instituting an administrative or judicial proceeding
  432  involving a sector plan or detailed specific area plan,
  433  including a proceeding pursuant to paragraph (b), the
  434  complaining party shall comply with the requirements of s.
  435  163.3215(4), (5), (6), and (7), except as provided by paragraph
  436  (3)(g) (3)(e).
  437         (d) The detailed specific area plan shall establish a
  438  buildout date until which the approved development is not
  439  subject to downzoning, unit density reduction, or intensity
  440  reduction, unless the local government can demonstrate that
  441  implementation of the plan is not continuing in good faith based
  442  on standards established by plan policy, that substantial
  443  changes in the conditions underlying the approval of the
  444  detailed specific area plan have occurred, that the detailed
  445  specific area plan was based on substantially inaccurate
  446  information provided by the applicant, or that the change is
  447  clearly established to be essential to the public health,
  448  safety, or welfare.
  449         (6) Concurrent with or subsequent to review and adoption of
  450  a long-term master plan pursuant to paragraph (3)(a), an
  451  applicant may apply for master development approval pursuant to
  452  s. 380.06(21) for the entire planning area in order to establish
  453  a buildout date until which the approved uses and densities and
  454  intensities of use of the master plan are not subject to
  455  downzoning, unit density reduction, or intensity reduction,
  456  unless the local government can demonstrate that implementation
  457  of the master plan is not continuing in good faith based on
  458  standards established by plan policy, that substantial changes
  459  in the conditions underlying the approval of the master plan
  460  have occurred, that the master plan was based on substantially
  461  inaccurate information provided by the applicant, or that change
  462  is clearly established to be essential to the public health,
  463  safety, or welfare. Review of the application for master
  464  development approval shall be at a level of detail appropriate
  465  for the long-term and conceptual nature of the long-term master
  466  plan and, to the maximum extent possible, may only consider
  467  information provided in the application for a long-term master
  468  plan. Notwithstanding s. 380.06, an increment of development in
  469  such an approved master development plan must be approved by a
  470  detailed specific area plan pursuant to paragraph (3)(b) and is
  471  exempt from review pursuant to s. 380.06.
  472         (7) A developer within an area subject to a long-term
  473  master plan that meets the requirements of paragraph (3)(a) and
  474  subsection (6) or a detailed specific area plan that meets the
  475  requirements of paragraph (3)(b) may enter into a development
  476  agreement with a local government pursuant to ss. 163.3220
  477  163.3243. The duration of such a development agreement may be
  478  through the planning period of the long-term master plan or the
  479  detailed specific area plan, as the case may be, notwithstanding
  480  the limit on the duration of a development agreement pursuant to
  481  s. 163.3229.
  482         (8) Any owner of property within the planning area of a
  483  proposed long-term master plan may withdraw his or her consent
  484  to the master plan at any time prior to local government
  485  adoption, and the local government shall exclude such parcels
  486  from the adopted master plan. Thereafter, the long-term master
  487  plan, any detailed specific area plan, and the exemption from
  488  development-of-regional-impact review under this section do not
  489  apply to the subject parcels. After adoption of a long-term
  490  master plan, an owner may withdraw his or her property from the
  491  master plan only with the approval of the local government by
  492  plan amendment adopted and reviewed pursuant to s. 163.3184.
  493         (9) The adoption of a long-term master plan or a detailed
  494  specific area plan pursuant to this section does not limit the
  495  right to continue existing agricultural or silvicultural uses or
  496  other natural resource-based operations or to establish similar
  497  new agricultural or silvicultural uses that are consistent with
  498  the plans approved pursuant to this section.
  499         (10) The state land planning agency may enter into an
  500  agreement with a local government that, on or before July 1,
  501  2011, adopted a large-area comprehensive plan amendment
  502  consisting of at least 15,000 acres that meets the requirements
  503  for a long-term master plan in paragraph (3)(a), after notice
  504  and public hearing by the local government, and thereafter,
  505  notwithstanding s. 380.06, this part, or any planning agreement
  506  or plan policy, the large-area plan shall be implemented through
  507  detailed specific area plans that meet the requirements of
  508  paragraph (3)(b) and shall otherwise be subject to this section.
  509         (11) Notwithstanding this section, a detailed specific area
  510  plan to implement a conceptual long-term buildout overlay,
  511  adopted by a local government and found in compliance before
  512  July 1, 2011, shall be governed by this section.
  513         (12) Notwithstanding s. 380.06, this part, or any planning
  514  agreement or plan policy, a landowner or developer who has
  515  received approval of a master development-of-regional-impact
  516  development order pursuant to s. 380.06(21) may apply to
  517  implement this order by filing one or more applications to
  518  approve a detailed specific area plan pursuant to paragraph
  519  (3)(b).
  520         (13) A water management district may issue to an applicant,
  521  upon request, a consumptive use permit for a period of time
  522  commensurate with an approved master development order if the
  523  master development order was issued under s. 380.06(21) by a
  524  county designated as a rural area of opportunity under s.
  525  288.0656 and if the development is not located in an area
  526  encompassed by a regional water supply plan as set forth in s.
  527  373.709(1). The water management district shall apply the
  528  permitting criteria specified in s. 373.223, based on the
  529  projected population and approved densities and intensities of
  530  use and their distribution in the master development order.
  531  However, the water management district may phase in the water
  532  allocation over the period during which the permit is valid to
  533  correspond to actual projected needs. This subsection does not
  534  supersede the public interest test established in s. 373.223.
  535         (14)(13) This section may not be construed to abrogate the
  536  rights of any person under this chapter.
  537         (15) The more specific provisions of this section shall
  538  supersede the generally applicable provisions of this chapter
  539  which otherwise would apply.
  540         Section 3. This act shall take effect July 1, 2015.