SENATE AMENDMENT
Bill No. HB 1737
Amendment No. ___ Barcode 513548
CHAMBER ACTION
Senate House
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11 Senator Pruitt moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 8, between lines 8 and 9,
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16 insert:
17 Section 3. Subsection (6) is added to section
18 163.3202, Florida Statutes, to read:
19 163.3202 Land development regulations.--
20 (6)(a) The Legislature finds that electric utilities
21 have a statutory duty pursuant to this chapter to provide
22 reasonably sufficient, adequate, and efficient service. The
23 Legislature further finds that electric substations are an
24 indispensable component of the grid system by which electric
25 utilities deliver reliable electric service to all public and
26 private persons as required by law. The Legislature further
27 finds that electric utility substations are essential services
28 for the public health, safety, and welfare and therefore are
29 in the public interest.
30 (b) Nothing in this section shall prohibit a local
31 government from adopting land development regulations which
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SENATE AMENDMENT
Bill No. HB 1737
Amendment No. ___ Barcode 513548
1 establish reasonable standards for setbacks, buffering, and
2 landscaping and other such site conditions which ensure
3 consistency with the local comprehensive plan for a substation
4 that will be constructed or operated by an electric utility.
5 Compliance with any such adopted standards shall render a
6 substation compatible with adjacent land uses and consistent
7 with the local comprehensive plan.
8 (c) Notwithstanding any other law, after an electric
9 utility demonstrates by competent substantial evidence that it
10 meets all criteria for approval of an application for a
11 development permit for the location, construction, and
12 operation of a substation, the local government may not deny
13 the application unless the preponderance of the evidence
14 applying a strict scrutiny standard of review demonstrates the
15 application does not meet the requirements of the
16 comprehensive plan or applicable land development regulations.
17 Section 4. Paragraph (b) of subsection (3) of section
18 380.04, Florida Statutes, is amended to read:
19 380.04 Definition of development.--
20 (3) The following operations or uses shall not be
21 taken for the purpose of this chapter to involve "development"
22 as defined in this section:
23 (b) Work by any utility and other persons engaged in
24 the distribution or transmission of gas, electricity, or
25 water, for the purpose of inspecting, repairing, renewing, or
26 constructing on established rights-of-way any sewers, mains,
27 pipes, cables, utility tunnels, power lines, towers, poles,
28 tracks, or the like.
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30 (Redesignate subsequent sections.)
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SENATE AMENDMENT
Bill No. HB 1737
Amendment No. ___ Barcode 513548
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 14, after "reference;"
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5 and insert:
6 amending s. 163.3202, F.S.; providing for the
7 siting of substations; amending s. 380.04,
8 F.S.; revising the definition of development;
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