CS for CS for SB 1604 First Engrossed
20231604e1
1 A bill to be entitled
2 An act relating to land use and development
3 regulations; amending s. 163.3177, F.S.; revising the
4 planning periods that must be included in a
5 comprehensive plan; amending s. 163.3191, F.S.;
6 requiring local governments to determine if plan
7 amendments are necessary to reflect a certain minimum
8 planning period; specifying requirements for a certain
9 notification; requiring, rather than encouraging, a
10 local government to comprehensively evaluate and
11 update its comprehensive plan to reflect changes in
12 local conditions; requiring that updates to certain
13 elements of the comprehensive plan be processed in the
14 same plan amendment cycle; prohibiting a local
15 government from initiating or adopting any publicly
16 initiated plan amendments to its comprehensive plan
17 under certain circumstances; providing applicability;
18 prohibiting a certain denial of plan amendments from
19 being based on the failure of a local government to
20 update its comprehensive plan; requiring the state
21 land planning agency to provide population projections
22 if a local government fails to update its
23 comprehensive plan; requiring the local government to
24 update its comprehensive plan within a specified
25 timeframe after receiving the population projections
26 and to transmit the update within a specified
27 timeframe; requiring the state land planning agency to
28 establish a certain timeline if such update is not in
29 compliance; authorizing the local government to seek
30 approval from the state land planning agency to
31 process publicly initiated plan amendments under
32 certain circumstances; authorizing the local
33 government to provide certain alternative population
34 projections under certain circumstances; amending s.
35 163.3202, F.S.; revising exceptions to applicability
36 of land development regulations relating to single
37 family or two-family dwelling building design
38 elements; amending s. 189.031, F.S.; precluding an
39 independent special district from complying with the
40 terms of certain development agreements under certain
41 circumstances; requiring a newly elected or appointed
42 governing body to review, within a certain timeframe,
43 certain agreements and vote on whether to seek
44 readoption of such agreement; providing retroactive
45 applicability; providing for future expiration;
46 amending s. 189.08, F.S.; conforming a cross
47 reference; providing effective dates.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Paragraph (a) of subsection (5) of section
52 163.3177, Florida Statutes, is amended to read:
53 163.3177 Required and optional elements of comprehensive
54 plan; studies and surveys.—
55 (5)(a) Each local government comprehensive plan must
56 include at least two planning periods, one covering at least the
57 first 10-year 5-year period occurring after the plan’s adoption
58 and one covering at least a 20-year 10-year period. Additional
59 planning periods for specific components, elements, land use
60 amendments, or projects shall be permissible and accepted as
61 part of the planning process.
62 Section 2. Section 163.3191, Florida Statutes, is amended
63 to read:
64 163.3191 Evaluation and appraisal of comprehensive plan.—
65 (1) At least once every 7 years, each local government
66 shall evaluate its comprehensive plan to determine if plan
67 amendments are necessary to reflect a minimum planning period of
68 at least 10 years as provided in s. 163.3177(5) or to reflect
69 changes in state requirements in this part since the last update
70 of the comprehensive plan, and notify the state land planning
71 agency as to its determination. The notification must include a
72 separate affidavit, signed by the chair of the governing body of
73 the county or the mayor of the municipality, attesting that all
74 elements of its comprehensive plan comply with this subsection.
75 The affidavit must also include a certification that the adopted
76 comprehensive plan contains the minimum planning period of 10
77 years, as provided in s. 163.3177(5), and must cite the source
78 and date of the population projections used in establishing the
79 10-year planning period.
80 (2) If the local government determines amendments to its
81 comprehensive plan are necessary to reflect changes in state
82 requirements, the local government must shall prepare and
83 transmit within 1 year such plan amendment or amendments for
84 review pursuant to s. 163.3184.
85 (3) Local governments shall are encouraged to
86 comprehensively evaluate and, as necessary, update comprehensive
87 plans to reflect changes in local conditions. Plan amendments
88 transmitted pursuant to this section must shall be reviewed
89 pursuant to s. 163.3184(4). Updates to the required elements and
90 optional elements of the comprehensive plan must be processed in
91 the same plan amendment cycle.
92 (4) If a local government fails to submit the its letter
93 and affidavit prescribed by subsection (1) or to transmit the
94 update to its plan pursuant to subsection (3) within 1 year
95 after the date the letter was transmitted to the state land
96 planning agency (2), it may not initiate or adopt any publicly
97 initiated plan amendments to amend its comprehensive plan until
98 such time as it complies with this section, unless otherwise
99 required by general law. This prohibition on plan amendments
100 does not apply to privately initiated plan amendments. The
101 failure of the local government to timely update its plan may
102 not be the basis for the denial of privately initiated
103 comprehensive plan amendments.
104 (5) If it is determined that a local government has failed
105 to update its comprehensive plan pursuant to this section, the
106 state land planning agency must provide the required population
107 projections that must be used by the local government to update
108 the comprehensive plan. The local government shall initiate an
109 update to its comprehensive plan within 3 months following the
110 receipt of the population projections and must transmit the
111 update within 12 months. If the state land planning agency finds
112 the update is not in compliance, it must establish the timeline
113 to address the deficiencies, not to exceed an additional 12
114 month period. If the update is challenged by a third party, the
115 local government may seek approval from the state land planning
116 agency to process publicly initiated plan amendments that are
117 necessary to accommodate population growth during the pendency
118 of the litigation. During the update process, the local
119 government may provide alternative population projections based
120 on professionally accepted methodologies, but only if those
121 population projections exceed the population projections
122 provided by the state land planning agency and only if the
123 update is completed within the timeframe set forth in this
124 subsection.
125 (6) The state land planning agency may not adopt rules to
126 implement this section, other than procedural rules or a
127 schedule indicating when local governments must comply with the
128 requirements of this section.
129 Section 3. Paragraphs (a) and (b) of subsection (5) of
130 section 163.3202, Florida Statutes, are amended to read:
131 163.3202 Land development regulations.—
132 (5)(a) Land development regulations relating to building
133 design elements may not be applied to a single-family or two
134 family dwelling unless:
135 1. The dwelling is listed in the National Register of
136 Historic Places, as defined in s. 267.021(5); is located in a
137 National Register Historic District; or is designated as a
138 historic property or located in a historic district, under the
139 terms of a local preservation ordinance;
140 2. The regulations are adopted in order to implement the
141 National Flood Insurance Program;
142 3. The regulations are adopted pursuant to and in
143 compliance with chapter 553;
144 4. The dwelling is located in a community redevelopment
145 area, as defined in s. 163.340(10);
146 5. The regulations are required to ensure protection of
147 coastal wildlife in compliance with s. 161.052, s. 161.053, s.
148 161.0531, s. 161.085, s. 161.163, or chapter 373;
149 6. The dwelling is located in a planned unit development or
150 master planned community created pursuant to a local ordinance,
151 resolution, or other final action approved by the local
152 governing body before July 1, 2023; or
153 7. The dwelling is located within the jurisdiction of a
154 local government that has a design review board or an
155 architectural review board created before January 1, 2020.
156 (b) For purposes of this subsection, the term:
157 1. “Building design elements” means the external building
158 color; the type or style of exterior cladding material; the
159 style or material of roof structures or porches; the exterior
160 nonstructural architectural ornamentation; the location or
161 architectural styling of windows or doors; the location or
162 orientation of the garage; the number and type of rooms; and the
163 interior layout of rooms. The term does not include the height,
164 bulk, orientation, or location of a dwelling on a zoning lot; or
165 the use of buffering or screening to minimize potential adverse
166 physical or visual impacts or to protect the privacy of
167 neighbors.
168 2. “Planned unit development” or “master planned community”
169 means an area of land that is planned and developed as a single
170 entity or in approved stages with uses and structures
171 substantially related to the character of the entire
172 development, or a self-contained development in which the
173 subdivision and zoning controls are applied to the project as a
174 whole rather than to individual lots.
175 Section 4. Effective upon becoming a law, subsection (7) is
176 added to section 189.031, Florida Statutes, to read:
177 189.031 Legislative intent for the creation of independent
178 special districts; special act prohibitions; model elements and
179 other requirements; local general-purpose government/Governor
180 and Cabinet creation authorizations.—
181 (7) REVIEW OF DEVELOPMENT AGREEMENTS.—An independent
182 special district is precluded from complying with the terms of
183 any development agreement, or any other agreement for which the
184 development agreement serves in whole or part as consideration,
185 which is executed within 3 months preceding the effective date
186 of a law modifying the manner of selecting members of the
187 governing body of the independent special district from election
188 to appointment or from appointment to election. The newly
189 elected or appointed governing body of the independent special
190 district shall review within 4 months of taking office any
191 development agreement or any other agreement for which the
192 development agreement serves in whole or part as consideration
193 and shall, after such review, vote on whether to seek readoption
194 of such agreement. This subsection shall apply to any
195 development agreement that is in effect on, or is executed
196 after, the effective date of this section. This subsection
197 expires July 1, 2028, unless reviewed and saved from repeal
198 through reenactment by the Legislature.
199 Section 5. Paragraph (a) of subsection (2) of section
200 189.08, Florida Statutes, is amended to read:
201 189.08 Special district public facilities report.—
202 (2) Each independent special district shall submit to each
203 local general-purpose government in which it is located a public
204 facilities report and an annual notice of any changes. The
205 public facilities report shall specify the following
206 information:
207 (a) A description of existing public facilities owned or
208 operated by the special district, and each public facility that
209 is operated by another entity, except a local general-purpose
210 government, through a lease or other agreement with the special
211 district. This description shall include the current capacity of
212 the facility, the current demands placed upon it, and its
213 location. This information shall be required in the initial
214 report and updated every 7 years at least 12 months before the
215 submission date of the evaluation and appraisal notification
216 letter of the appropriate local government required by s.
217 163.3191. The department shall post a schedule on its website,
218 based on the evaluation and appraisal notification schedule
219 prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a
220 special district to determine when its public facilities report
221 and updates to that report are due to the local general-purpose
222 governments in which the special district is located.
223 Section 6. Except as otherwise expressly provided in this
224 act and except for this section, which shall take effect upon
225 becoming a law, this act shall take effect July 1, 2023.