SENATE AMENDMENT
    Bill No. CS for CS for CS for SB's 310 & 380
    Amendment No. ___   Barcode 833308
                            CHAMBER ACTION
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11  Senator Pruitt moved the following amendment to amendment
12  (085144):
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14         Senate Amendment (with title amendment) 
15         On page 108, between lines 16 and 17,
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17  insert:  
18         Section 37.  Subsection (6) is added to section
19  163.3202, Florida Statutes, to read:
20         163.3202  Land development regulations.--
21         (6)(a)  The Legislature finds that electric utilities
22  have a statutory duty pursuant to this chapter to provide
23  reasonably sufficient, adequate, and efficient service. The
24  Legislature further finds that electric substations are an
25  indispensable component of the grid system by which electric
26  utilities deliver reliable electric service to all public and
27  private persons as required by law. The Legislature further
28  finds that electric utility substations are essential services
29  for the public health, safety, and welfare and therefore are
30  in the public interest.
31         (b)  Nothing in this section shall prohibit a local
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    9:43 PM   05/02/01                              s0310c3c-27e0a

SENATE AMENDMENT Bill No. CS for CS for CS for SB's 310 & 380 Amendment No. ___ Barcode 833308 1 government from adopting land development regulations which 2 establish reasonable standards for setbacks, buffering, and 3 landscaping and other such site conditions which ensure 4 consistency with the local comprehensive plan for a substation 5 that will be constructed or operated by an electric utility. 6 Compliance with any such adopted standards shall render a 7 substation compatible with adjacent land uses and consistent 8 with the local comprehensive plan. 9 (c) Notwithstanding any other law, after an electric 10 utility demonstrates by competent substantial evidence that it 11 meets all criteria for approval of an application for a 12 development permit for the location, construction, and 13 operation of a substation, the local government may not deny 14 the application unless the preponderance of the evidence 15 applying a strict scrutiny standard of review demonstrates the 16 application does not meet the requirements of the 17 comprehensive plan or applicable land development regulations. 18 Section 38. Paragraph (b) of subsection (3) of section 19 380.04, Florida Statutes, is amended to read: 20 380.04 Definition of development.-- 21 (3) The following operations or uses shall not be 22 taken for the purpose of this chapter to involve "development" 23 as defined in this section: 24 (b) Work by any utility and other persons engaged in 25 the distribution or transmission of gas, electricity, or 26 water, for the purpose of inspecting, repairing, renewing, or 27 constructing on established rights-of-way any sewers, mains, 28 pipes, cables, utility tunnels, power lines, towers, poles, 29 tracks, or the like. 30 31 (Redesignate subsequent sections.) 2 9:43 PM 05/02/01 s0310c3c-27e0a
SENATE AMENDMENT Bill No. CS for CS for CS for SB's 310 & 380 Amendment No. ___ Barcode 833308 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 114, line 16, after the semicolon, 4 5 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; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 9:43 PM 05/02/01 s0310c3c-27e0a