Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1604
       
       
       
       
       
       
                                Ì590488TÎ590488                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Community Affairs (Ingoglia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 53 - 571
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (5) of section
    6  163.3177, Florida Statutes, is amended to read:
    7         163.3177 Required and optional elements of comprehensive
    8  plan; studies and surveys.—
    9         (5)(a) Each local government comprehensive plan must
   10  include at least two planning periods, one covering at least the
   11  first 10-year 5-year period occurring after the plan’s adoption
   12  and one covering at least a 20-year 10-year period. Additional
   13  planning periods for specific components, elements, land use
   14  amendments, or projects shall be permissible and accepted as
   15  part of the planning process.
   16         Section 2. Section 163.3191, Florida Statutes, is amended
   17  to read:
   18         163.3191 Evaluation and appraisal of comprehensive plan.—
   19         (1) At least once every 7 years, each local government
   20  shall evaluate its comprehensive plan to determine if plan
   21  amendments are necessary to reflect a minimum planning period of
   22  at least 10 years as provided in s. 163.3177(5) or to reflect
   23  changes in state requirements in this part since the last update
   24  of the comprehensive plan, and notify the state land planning
   25  agency as to its determination. The notification must include a
   26  separate affidavit, signed by the chair of the governing body of
   27  the county and the mayor of the municipality, attesting that all
   28  elements of its comprehensive plan comply with this subsection.
   29  The affidavit must also include a certification that the adopted
   30  comprehensive plan contains the minimum planning period of 10
   31  years, as provided in 163.3177(5), and must cite the source and
   32  date of the population projections used in establishing the 10
   33  year planning period.
   34         (2) If the local government determines amendments to its
   35  comprehensive plan are necessary to reflect changes in state
   36  requirements, the local government shall prepare and transmit
   37  within 1 year such plan amendment or amendments for review
   38  pursuant to s. 163.3184.
   39         (3) Local governments shall are encouraged to
   40  comprehensively evaluate and, as necessary, update comprehensive
   41  plans to reflect changes in local conditions. Plan amendments
   42  transmitted pursuant to this section must shall be reviewed
   43  pursuant to s. 163.3184(4). Updates to the required elements and
   44  optional elements of the comprehensive plan must be processed in
   45  the same plan amendment cycle.
   46         (4) If a local government fails to submit the its letter
   47  and affidavit prescribed by subsection (1) or transmit the
   48  update to its plan pursuant to subsection (3) within 1 year
   49  after the date the letter was transmitted to the state land
   50  planning agency (2), it may not initiate or adopt any publicly
   51  initiated plan amendments to amend its comprehensive plan until
   52  such time as it complies with this section, unless otherwise
   53  required by general law. This prohibition on plan amendments
   54  does not apply to privately initiated plan amendments. The
   55  failure of the local government to timely update its plan may
   56  not be the basis for the denial of privately initiated
   57  comprehensive plan amendments.
   58         (5) If it is determined that a local government has failed
   59  to update its comprehensive plan pursuant to this section, the
   60  state land planning agency must provide the required population
   61  projections that must be used by the local government to update
   62  the comprehensive plan. The local government shall initiate an
   63  update to its comprehensive plan within 3 months following the
   64  receipt of the population projections and must transmit the
   65  update within 12 months. If the state land planning agency finds
   66  the update is not in compliance, it must establish the timeline
   67  to address the deficiencies, not to exceed an additional 12
   68  month period. If the update is challenged by a third party, the
   69  local government may seek approval from the state land planning
   70  agency to process publicly initiated plan amendments that are
   71  necessary to accommodate population growth during the pendency
   72  of the litigation. During the update process, the local
   73  government may provide alternative population projections based
   74  on professionally accepted methodologies, but only if those
   75  population projections exceed the population projections
   76  provided by the state land planning agency and only if the
   77  update is completed within the timeframe set forth in this
   78  subsection.
   79         (6) The state land planning agency may not adopt rules to
   80  implement this section, other than procedural rules or a
   81  schedule indicating when local governments must comply with the
   82  requirements of this section.
   83         Section 3. Paragraphs (a) and (b) of subsection (5) of
   84  section 163.3202, Florida Statutes, are amended to read:
   85         163.3202 Land development regulations.—
   86         (5)(a) Land development regulations relating to building
   87  design elements may not be applied to a single-family or two
   88  family dwelling unless:
   89         1. The dwelling is listed in the National Register of
   90  Historic Places, as defined in s. 267.021(5); is located in a
   91  National Register Historic District; or is designated as a
   92  historic property or located in a historic district, under the
   93  terms of a local preservation ordinance;
   94         2. The regulations are adopted in order to implement the
   95  National Flood Insurance Program;
   96         3. The regulations are adopted pursuant to and in
   97  compliance with chapter 553;
   98         4. The dwelling is located in a community redevelopment
   99  area, as defined in s. 163.340(10);
  100         5. The regulations are required to ensure protection of
  101  coastal wildlife in compliance with s. 161.052, s. 161.053, s.
  102  161.0531, s. 161.085, s. 161.163, or chapter 373;
  103         6.The dwelling is located in a planned unit development or
  104  master planned community created pursuant to a local ordinance,
  105  resolution, or other final action approved by the local
  106  governing body; or
  107         6.7. The dwelling is located within the jurisdiction of a
  108  local government that has a design review board or an
  109  architectural review board created before January 1, 2020.
  110         (b) For purposes of this subsection, the term:
  111         1. “building design elements” means the external building
  112  color; the type or style of exterior cladding material; the
  113  style or material of roof structures or porches; the exterior
  114  nonstructural architectural ornamentation; the location or
  115  architectural styling of windows or doors; the location or
  116  orientation of the garage; the number and type of rooms; and the
  117  interior layout of rooms. The term does not include the height,
  118  bulk, orientation, or location of a dwelling on a zoning lot; or
  119  the use of buffering or screening to minimize potential adverse
  120  physical or visual impacts or to protect the privacy of
  121  neighbors.
  122         2.“Planned unit development” or “master planned community”
  123  means an area of land that is planned and developed as a single
  124  entity or in approved stages with uses and structures
  125  substantially related to the character of the entire
  126  development, or a self-contained development in which the
  127  subdivision and zoning controls are applied to the project as a
  128  whole rather than to individual lots.
  129  
  130  ================= T I T L E  A M E N D M E N T ================
  131  And the title is amended as follows:
  132         Delete lines 3 - 46
  133  and insert:
  134         regulations; amending s. 163.3177, F.S.; revising the
  135         planning periods that must be included in a
  136         comprehensive plan; amending s. 163.3191, F.S.;
  137         requiring local governments to determine if plan
  138         amendments are necessary to reflect a certain minimum
  139         planning period; specifying requirements for a certain
  140         notification; requiring, rather than encouraging, a
  141         local government to comprehensively evaluate and
  142         update its comprehensive plan to reflect changes in
  143         local conditions; requiring updates to certain
  144         elements of the comprehensive plan to be processed in
  145         the same plan amendment cycle; prohibiting a local
  146         government from initiating or adopting any publicly
  147         initiated plan amendments to its comprehensive plan
  148         under certain circumstances; providing applicability;
  149         prohibiting a certain denial of plan amendments from
  150         being based on the failure of a local government to
  151         update its comprehensive plan; requiring the state
  152         land planning agency to provide population projections
  153         if a local government fails to update its
  154         comprehensive plan; requiring the local government to
  155         update its comprehensive plan within a specified
  156         timeframe after receiving the population projections
  157         and transmit the update within a specified timeframe;
  158         requiring the state land planning agency to establish
  159         a certain timeline if such update is not in
  160         compliance; authorizing the local government to seek
  161         approval from the state land planning agency to
  162         process publicly initiated plan amendments under
  163         certain circumstances; authorizing the local
  164         government to provide certain alternative population
  165         projections under certain circumstances; amending s.
  166         163.3202, F.S.; revising exceptions to applicability
  167         of land development regulations relating to single
  168         family or two-family dwelling building design
  169         elements; deleting the definition of the terms
  170         “planned unit development” or “master planned
  171         community”; amending s. 189.08,