ENROLLED
       2023 Legislature            CS for CS for SB 1604, 2nd Engrossed
       
       
       
       
       
       
                                                             20231604er
    1  
    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. 163.3208, F.S.; revising the
   39         definition of the term “distribution electric
   40         substation”; revising the substation approval process
   41         to include applications for changes to existing
   42         electric substations; amending s. 189.031, F.S.;
   43         precluding an independent special district from
   44         complying with the terms of certain development
   45         agreements under certain circumstances; requiring a
   46         newly elected or appointed governing body to review,
   47         within a certain timeframe, certain agreements and
   48         vote on whether to seek readoption of such agreement;
   49         providing retroactive applicability; providing for
   50         future expiration; amending s. 189.08, F.S.;
   51         conforming a cross-reference; providing effective
   52         dates.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Paragraph (a) of subsection (5) of section
   57  163.3177, Florida Statutes, is amended to read:
   58         163.3177 Required and optional elements of comprehensive
   59  plan; studies and surveys.—
   60         (5)(a) Each local government comprehensive plan must
   61  include at least two planning periods, one covering at least the
   62  first 10-year 5-year period occurring after the plan’s adoption
   63  and one covering at least a 20-year 10-year period. Additional
   64  planning periods for specific components, elements, land use
   65  amendments, or projects shall be permissible and accepted as
   66  part of the planning process.
   67         Section 2. Section 163.3191, Florida Statutes, is amended
   68  to read:
   69         163.3191 Evaluation and appraisal of comprehensive plan.—
   70         (1) At least once every 7 years, each local government
   71  shall evaluate its comprehensive plan to determine if plan
   72  amendments are necessary to reflect a minimum planning period of
   73  at least 10 years as provided in s. 163.3177(5) or to reflect
   74  changes in state requirements in this part since the last update
   75  of the comprehensive plan, and notify the state land planning
   76  agency as to its determination. The notification must include a
   77  separate affidavit, signed by the chair of the governing body of
   78  the county or the mayor of the municipality, attesting that all
   79  elements of its comprehensive plan comply with this subsection.
   80  The affidavit must also include a certification that the adopted
   81  comprehensive plan contains the minimum planning period of 10
   82  years, as provided in s. 163.3177(5), and must cite the source
   83  and date of the population projections used in establishing the
   84  10-year planning period.
   85         (2) If the local government determines amendments to its
   86  comprehensive plan are necessary to reflect changes in state
   87  requirements, the local government must shall prepare and
   88  transmit within 1 year such plan amendment or amendments for
   89  review pursuant to s. 163.3184.
   90         (3) Local governments shall are encouraged to
   91  comprehensively evaluate and, as necessary, update comprehensive
   92  plans to reflect changes in local conditions. Plan amendments
   93  transmitted pursuant to this section must shall be reviewed
   94  pursuant to s. 163.3184(4). Updates to the required elements and
   95  optional elements of the comprehensive plan must be processed in
   96  the same plan amendment cycle.
   97         (4) If a local government fails to submit the its letter
   98  and affidavit prescribed by subsection (1) or to transmit the
   99  update to its plan pursuant to subsection (3) within 1 year
  100  after the date the letter was transmitted to the state land
  101  planning agency (2), it may not initiate or adopt any publicly
  102  initiated plan amendments to amend its comprehensive plan until
  103  such time as it complies with this section, unless otherwise
  104  required by general law. This prohibition on plan amendments
  105  does not apply to privately initiated plan amendments. The
  106  failure of the local government to timely update its plan may
  107  not be the basis for the denial of privately initiated
  108  comprehensive plan amendments.
  109         (5) If it is determined that a local government has failed
  110  to update its comprehensive plan pursuant to this section, the
  111  state land planning agency must provide the required population
  112  projections that must be used by the local government to update
  113  the comprehensive plan. The local government shall initiate an
  114  update to its comprehensive plan within 3 months following the
  115  receipt of the population projections and must transmit the
  116  update within 12 months. If the state land planning agency finds
  117  the update is not in compliance, it must establish the timeline
  118  to address the deficiencies, not to exceed an additional 12
  119  month period. If the update is challenged by a third party, the
  120  local government may seek approval from the state land planning
  121  agency to process publicly initiated plan amendments that are
  122  necessary to accommodate population growth during the pendency
  123  of the litigation. During the update process, the local
  124  government may provide alternative population projections based
  125  on professionally accepted methodologies, but only if those
  126  population projections exceed the population projections
  127  provided by the state land planning agency and only if the
  128  update is completed within the timeframe set forth in this
  129  subsection.
  130         (6) The state land planning agency may not adopt rules to
  131  implement this section, other than procedural rules or a
  132  schedule indicating when local governments must comply with the
  133  requirements of this section.
  134         Section 3. Paragraphs (a) and (b) of subsection (5) of
  135  section 163.3202, Florida Statutes, are amended to read:
  136         163.3202 Land development regulations.—
  137         (5)(a) Land development regulations relating to building
  138  design elements may not be applied to a single-family or two
  139  family dwelling unless:
  140         1. The dwelling is listed in the National Register of
  141  Historic Places, as defined in s. 267.021(5); is located in a
  142  National Register Historic District; or is designated as a
  143  historic property or located in a historic district, under the
  144  terms of a local preservation ordinance;
  145         2. The regulations are adopted in order to implement the
  146  National Flood Insurance Program;
  147         3. The regulations are adopted pursuant to and in
  148  compliance with chapter 553;
  149         4. The dwelling is located in a community redevelopment
  150  area, as defined in s. 163.340(10);
  151         5. The regulations are required to ensure protection of
  152  coastal wildlife in compliance with s. 161.052, s. 161.053, s.
  153  161.0531, s. 161.085, s. 161.163, or chapter 373;
  154         6. The dwelling is located in a planned unit development or
  155  master planned community created pursuant to a local ordinance,
  156  resolution, or other final action approved by the local
  157  governing body before July 1, 2023; or
  158         7. The dwelling is located within the jurisdiction of a
  159  local government that has a design review board or an
  160  architectural review board created before January 1, 2020.
  161         (b) For purposes of this subsection, the term:
  162         1. “Building design elements” means the external building
  163  color; the type or style of exterior cladding material; the
  164  style or material of roof structures or porches; the exterior
  165  nonstructural architectural ornamentation; the location or
  166  architectural styling of windows or doors; the location or
  167  orientation of the garage; the number and type of rooms; and the
  168  interior layout of rooms. The term does not include the height,
  169  bulk, orientation, or location of a dwelling on a zoning lot; or
  170  the use of buffering or screening to minimize potential adverse
  171  physical or visual impacts or to protect the privacy of
  172  neighbors.
  173         2. “Planned unit development” or “master planned community”
  174  means an area of land that is planned and developed as a single
  175  entity or in approved stages with uses and structures
  176  substantially related to the character of the entire
  177  development, or a self-contained development in which the
  178  subdivision and zoning controls are applied to the project as a
  179  whole rather than to individual lots.
  180         Section 4. Section 163.3208, Florida Statutes, is amended
  181  to read:
  182         163.3208 Substation approval process.—
  183         (1) It is the intent of the Legislature to maintain,
  184  encourage, and ensure adequate and reliable electric
  185  infrastructure in the state. It is essential that electric
  186  infrastructure be constructed and maintained in various
  187  locations in order to ensure the efficient and reliable delivery
  188  of electric service. Electric infrastructure should be
  189  constructed, to the maximum extent practicable, to achieve
  190  compatibility with adjacent and surrounding land uses, and the
  191  criteria included in this section are intended to balance the
  192  need for electricity with land use compatibility.
  193         (2) The term “distribution electric substation” means an
  194  electric substation, including accessory administration or
  195  maintenance buildings and related accessory uses and structures,
  196  which takes electricity from the transmission grid and converts
  197  it to another voltage or a lower voltage so it can be
  198  distributed to customers in the local area on the local
  199  distribution grid through one or more distribution lines less
  200  than 69 kilovolts in size.
  201         (3) Electric substations are a critical component of
  202  electric transmission and distribution. Except for substations
  203  in s. 163.3205(2)(c), local governments may adopt and enforce
  204  reasonable land development regulations for new and existing
  205  distribution electric substations, addressing only setback,
  206  landscaping, buffering, screening, lighting, and other aesthetic
  207  compatibility-based standards. Vegetated buffers or screening
  208  beneath aerial access points to the substation equipment shall
  209  not be required to have a mature height in excess of 14 feet.
  210         (4) New and existing distribution electric substations
  211  shall be a permitted use in all land use categories in the
  212  applicable local government comprehensive plan and zoning
  213  districts within a utility’s service territory except those
  214  designated as preservation, conservation, or historic
  215  preservation on the future land use map or duly adopted
  216  ordinance. If a local government has not adopted reasonable
  217  standards for substation siting in accordance with subsection
  218  (3), the following standards shall apply to new distribution
  219  electric substations:
  220         (a) In nonresidential areas, the substation must comply
  221  with the setback and landscaped buffer area criteria applicable
  222  to other similar uses in that district, if any.
  223         (b) Unless the local government approves a lesser setback
  224  or landscape requirement, in residential areas, a setback of up
  225  to 100 feet between the substation property boundary and
  226  permanent equipment structures shall be maintained as follows:
  227         1. For setbacks between 100 feet and 50 feet, an open green
  228  space shall be formed by installing native landscaping,
  229  including trees and shrub material, consistent with the relevant
  230  local government’s land development regulations. Substation
  231  equipment shall be protected by a security fence consistent with
  232  the relevant local government’s land development regulations.
  233         2. For setbacks of less than 50 feet, a buffer wall 8 feet
  234  high or a fence 8 feet high with native landscaping consistent
  235  with the relevant local government’s regulations shall be
  236  installed around the substation.
  237         (5) If the application for a proposed distribution electric
  238  substation or for changes to an existing electric substation
  239  demonstrates that the substation design is consistent with the
  240  local government’s applicable setback, landscaping, buffering,
  241  screening, and other aesthetic compatibility-based standards,
  242  the application for development approval for or changes to the
  243  substation shall be approved.
  244         (6)(a) This paragraph applies may apply to the proposed
  245  placement or construction of a new distribution electric
  246  substation within a residential area. Before Prior to submitting
  247  an application for the location of a new distribution electric
  248  substation in residential areas, the utility shall consult with
  249  the local government regarding the selection of a site. The
  250  utility shall provide information regarding the utility’s
  251  preferred site and as many as three alternative available sites,
  252  including sites within nonresidential areas, that are
  253  technically and electrically reasonable for the load to be
  254  served, if the local government deems that the siting of a new
  255  distribution electric substation warrants this additional review
  256  and consideration. The final determination on the site
  257  application as to the preferred and alternative sites shall be
  258  made solely by the local government within 90 days of
  259  presentation of all the necessary and required information on
  260  the preferred site and on the alternative sites. In the event
  261  the utility and the local government are unable to reach
  262  agreement on an appropriate location, the substation site
  263  selection shall be submitted to mediation conducted pursuant to
  264  ss. 44.401-44.406, unless otherwise agreed to in writing by the
  265  parties, and the mediation shall be concluded within 30 days
  266  unless extended by written agreement of the parties. The 90-day
  267  time period for the local government to render a final decision
  268  on the site application is tolled from the date a notice of
  269  intent to mediate the site selection issue is served on the
  270  utility or local government, until the mediation is concluded,
  271  terminated, or an impasse is declared. The local government and
  272  utility may agree to waive or extend this 90-day time period.
  273  Upon rendition of a final decision of the local government, a
  274  person may pursue available legal remedies in accordance with
  275  law, and the matter shall be considered on an expedited basis.
  276         (b) A local government’s land development and construction
  277  regulations for new distribution electric substations or for
  278  changes to existing electric substations and the local
  279  government’s review of an application for the placement or
  280  construction of a new distribution electric substation or for
  281  changes to an existing electric substation shall only address
  282  land development, zoning, or aesthetic compatibility-based
  283  issues. In such local government regulations or review, a local
  284  government may not require information or evaluate a utility’s
  285  business decisions about its service, customer demand for its
  286  service, or quality of its service to or from a particular area
  287  or site, unless the utility voluntarily offers this information
  288  to the local government.
  289         (7) Substation siting standards adopted after the effective
  290  date of this act does shall not apply to applications for new
  291  distribution electric substations or for changes to existing
  292  electric substations which substation applications that were
  293  submitted before prior to the notice of the local government’s
  294  adoption hearing.
  295         (8)(a) If a local government has adopted standards for the
  296  siting of new distribution electric substations or for changes
  297  to existing electric substations within any of the local
  298  government’s land use categories or zoning districts, the local
  299  government shall grant or deny a properly completed application
  300  for a permit to locate a new electric substation or change an
  301  existing distribution electric substation within the land use
  302  category or zoning district within 90 days after the date the
  303  properly completed application is declared complete in
  304  accordance with the applicable local government application
  305  procedures. If the local government fails to approve or deny a
  306  properly completed application for a new distribution electric
  307  substation or for changes to an existing electric substation
  308  within the timeframes set forth, the application is shall be
  309  deemed automatically approved, and the applicant may proceed
  310  with construction consistent with its application without
  311  interference or penalty. Issuance of such local permit does not
  312  relieve the applicant from complying with applicable federal or
  313  state laws or regulations and other applicable local land
  314  development or building regulations, if any.
  315         (b) The local government shall notify the permit applicant
  316  within 30 days after the date the application is submitted as to
  317  whether the application is, for administrative purposes only,
  318  properly completed and has been properly submitted. Further
  319  completeness determinations shall be provided within 15 days
  320  after the receipt of additional information. However, such
  321  determination is not shall not be not deemed an approval of the
  322  application.
  323         (c) To be effective, a waiver of the timeframes set forth
  324  in this subsection must be voluntarily agreed to by the utility
  325  applicant and the local government. A local government may
  326  request, but not require, a waiver of the timeframes by the
  327  applicant, except that, with respect to a specific application,
  328  a one-time waiver may be required in the case of a declared
  329  local, state, or federal emergency that directly affects the
  330  administration of all permitting activities of the local
  331  government.
  332         (d) The local government may establish reasonable
  333  timeframes within which the required information to cure the
  334  application deficiency is to be provided, or the application
  335  will be considered withdrawn or closed.
  336         Section 5. Effective upon becoming a law, subsection (7) is
  337  added to section 189.031, Florida Statutes, to read:
  338         189.031 Legislative intent for the creation of independent
  339  special districts; special act prohibitions; model elements and
  340  other requirements; local general-purpose government/Governor
  341  and Cabinet creation authorizations.—
  342         (7) REVIEW OF DEVELOPMENT AGREEMENTS.—An independent
  343  special district is precluded from complying with the terms of
  344  any development agreement, or any other agreement for which the
  345  development agreement serves in whole or part as consideration,
  346  which is executed within 3 months preceding the effective date
  347  of a law modifying the manner of selecting members of the
  348  governing body of the independent special district from election
  349  to appointment or from appointment to election. The newly
  350  elected or appointed governing body of the independent special
  351  district shall review within 4 months of taking office any
  352  development agreement or any other agreement for which the
  353  development agreement serves in whole or part as consideration
  354  and shall, after such review, vote on whether to seek readoption
  355  of such agreement. This subsection shall apply to any
  356  development agreement that is in effect on, or is executed
  357  after, the effective date of this section. This subsection
  358  expires July 1, 2028, unless reviewed and saved from repeal
  359  through reenactment by the Legislature.
  360         Section 6. Paragraph (a) of subsection (2) of section
  361  189.08, Florida Statutes, is amended to read:
  362         189.08 Special district public facilities report.—
  363         (2) Each independent special district shall submit to each
  364  local general-purpose government in which it is located a public
  365  facilities report and an annual notice of any changes. The
  366  public facilities report shall specify the following
  367  information:
  368         (a) A description of existing public facilities owned or
  369  operated by the special district, and each public facility that
  370  is operated by another entity, except a local general-purpose
  371  government, through a lease or other agreement with the special
  372  district. This description shall include the current capacity of
  373  the facility, the current demands placed upon it, and its
  374  location. This information shall be required in the initial
  375  report and updated every 7 years at least 12 months before the
  376  submission date of the evaluation and appraisal notification
  377  letter of the appropriate local government required by s.
  378  163.3191. The department shall post a schedule on its website,
  379  based on the evaluation and appraisal notification schedule
  380  prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a
  381  special district to determine when its public facilities report
  382  and updates to that report are due to the local general-purpose
  383  governments in which the special district is located.
  384         Section 7. Except as otherwise expressly provided in this
  385  act and except for this section, which shall take effect upon
  386  becoming a law, this act shall take effect July 1, 2023.