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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to land use and development 2
regulations; amending s. 70.51, F.S.; providing the 3
types of relief that may be included in a negotiated 4
settlement; requiring a special magistrate to consider 5
the public interest served by comprehensive plan 6
provisions that are inconsistent with proposed relief; 7
revising the requirements of a governmental entity 8
after the receipt of a special magistrate's 9
recommendation; revising the effect of a special 10
magistrate's recommendation; providing procedures for 11
deeming relief granted by a special magistrate's 12
recommendation or a negotiated settlement consistent 13
with comprehensive plan; amending s. 163.3164, F.S.; 14
revising definitions; amending s. 163.3177, F.S.; 15
revising the types of data that comprehensive plans 16
and plan amendments must be based on; revising means 17
by which an application of a methodology used in data 18
collection or whether a particular methodology is 19
professionally accepted may be evaluated; revising the 20
elements that must be included in a comprehensive 21
plan; revising the planning periods that must be 22
included in a comprehensive plan; amending s. 23
163.3191, F.S.; revising the frequency at which a 24
local government must evaluate its comprehensive plan 25
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for specified purposes; requiring, rather than 26
authorizing, a local government to comprehensively 27
evaluate and update its comprehensive plans to reflect 28
changes in local conditions; requiring a local 29
government to submit an affidavit for specified 30
purposes; prohibiting a local government from publicly 31
initiating or adopting plan amendments to its 32
comprehensive plan when it fails to meet certain 33
requirements; requiring the state land planning agency 34
to provide certain information when a local government 35
fails to update its comprehensive plan; amending s. 36
163.3202, F.S.; revising content requirements for 37
local land development regulations; revising 38
exceptions to applicability of land development 39
regulations relating to single -family or two-family 40
dwelling building design elements; deleting a 41
definition; amending s. 163.3246, F.S.; revising 42
terminology; amending ss. 189.08 and 479.01, F.S.; 43
conforming cross-references; providing an effective 44
date. 45
46
Be It Enacted by the Legislature of the State of Florida: 47
48
Section 1. Paragraph (h) of subsection (18) of sectio n 49
70.51, Florida Statutes, is redesignated as paragraph (i), 50
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paragraph (a) of subsection (17), paragraph (a) of subsection 51
(21), and subsection (25) are amended, and a new paragraph (h) 52
is added to subsection (18) of that section, to read: 53
70.51 Land use and environmental dispute resolution. — 54
(17) In all respects, the hearing must be informal and 55
open to the public and does not require the use of an attorney. 56
The hearing must operate at the direction and under the 57
supervision of the special magistrate. The object of the hearing 58
is to focus attention on the impact of the governmental action 59
giving rise to the request for relief and to explore 60
alternatives to the development order or enforcement action and 61
other regulatory efforts by the governmental entit ies in order 62
to recommend relief, when appropriate, to the owner. 63
(a) The first responsibility of the special magistrate is 64
to facilitate a resolution of the conflict between the owner and 65
governmental entities to the end that some modification of the 66
owner's proposed use of the property or adjustment in the 67
development order or enforcement action or regulatory efforts by 68
one or more of the governmental parties may be reached. 69
Accordingly, the special magistrate shall act as a facilitator 70
or mediator between the parties in an effort to effect a 71
mutually acceptable solution. The parties shall be represented 72
at the mediation by persons with authority to bind their 73
respective parties to a solution, or by persons with authority 74
to recommend a solution directly to the persons with authority 75
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to bind their respective parties to a solution. A negotiated 76
settlement may include, but is not limited to, one or more of 77
the following types of relief or other extraordinary relief 78
deemed appropriate by the parties: 79
1. An adjustment of land development or permit standards 80
or other provisions controlling the development or use of land 81
for the property subject to the dispute or other property owned 82
or controlled by the parties to the settlement. 83
2. Increases or modificatio ns in the density, intensity, 84
or use of areas of development. 85
3. The transfer of development rights. 86
4. Land swaps or exchanges. 87
5. Mitigation relief, including payments in lieu of onsite 88
mitigation. 89
6. Location on the least sensitive portion of th e 90
property. 91
7. Conditioning the amount of development or use 92
permitted. 93
8. A requirement that issues be addressed on a more 94
comprehensive basis than a single proposed use or development. 95
9. Issuance of the development order, a variance, a 96
special exception, or other extraordinary relief, including 97
withdrawal of the enforcement action. 98
10. Purchase of the real property, or an interest therein, 99
by an appropriate governmental entity or payment of 100
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compensation. 101
(18) The circumstances to be examined in determining 102
whether the development order or enforcement action, or the 103
development order or enforcement action in conjunction with 104
regulatory efforts of other governmental parties, is 105
unreasonable or unfairly burdens use of the property may 106
include, but are not limited to: 107
(h) The public interest served by the local comprehensive 108
plan provisions that are inconsistent with the proposed relief 109
granted by the special magistrate's recommendation. 110
(21) Within 45 days after receipt of the special 111
magistrate's recommendation, the governmental entity responsible 112
for the development order or enforcement action and other 113
governmental entities participating in the proceeding must 114
consult among themselves and each governmental entity must: 115
(a) Accept the recomme ndation of the special magistrate as 116
submitted and proceed to implement it by development agreement, 117
when appropriate, or by other method, in the ordinary course and 118
consistent with the rules and procedures of that governmental 119
entity. However, the decisio n of the governmental entity to 120
accept the recommendation of the special magistrate with respect 121
to granting a rezoning, modification, variance, or special 122
exception to the application of statutes, rules, regulations, 123
comprehensive plans, or ordinances as they would otherwise apply 124
to the subject property does not require an owner to duplicate 125
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previous processes in which the owner has participated in order 126
to effectuate the granting of the modification, variance, or 127
special exception. Any recommendation of the special magistrate 128
with respect to granting a rezoning of property is not 129
considered contract zoning ; 130
(25) Regardless of the action the governmental entity 131
takes on the special magistrate's recommendation, a 132
recommendation that the development order or enforcement action, 133
or the development order or enforcement action in combination 134
with other governmental regulatory actions, is unreasonable or 135
unfairly burdens use of the owner's real property may serve as 136
an indication of sufficient hardship to suppo rt a rezoning, 137
modification, variance variances, or special exception 138
exceptions to the application of statutes, rules, regulations, 139
or ordinances to the subject property. If the relief granted 140
within the special magistrate's recommendation or a negotiated 141
settlement entered into under this section has the effect of 142
contravening local comprehensive plans or is inconsistent with 143
the local government's adopted comprehensive plan, the 144
recommendation or approved negotiated settlement shall be deemed 145
consistent with the comprehensive plan under s. 163.3194 if the 146
special magistrate or the governing body of the local government 147
finds that the settlement agreement and approved development 148
protects the public interest served by the comprehensive plan 149
provisions with which it is inconsistent. 150
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Section 2. Subsections (12), (22), (51), and (52) of 151
section 163.3164, Florida Statutes, are amended to read: 152
163.3164 Community Planning Act; definitions. —As used in 153
this act: 154
(12) "Density" means an objective measuremen t of the 155
number of people or residential units allowed per unit of land, 156
such as dwelling units residents or employees per acre. 157
(22) "Intensity" means an objective measurement of the 158
extent to which land may be developed or used expressed in 159
square feet per unit of land, such as a maximum floor ratio per 160
acre, including the consumption or use of the space above, on, 161
or below ground; the measurement of the use of or demand on 162
natural resources; and the measurement of the use of or demand 163
on facilities and services. 164
(51) "Urban service area" means : 165
(a) Areas identified in the comprehensive plan where 166
public facilities and services, including, but not limited to, 167
central water and sewer capacity and roads, are already in place 168
or may be expanded through investment by the are identified in 169
the capital improvements element. The term includes any areas 170
identified in the comprehensive plan as urban service areas, 171
regardless of local government or the private sector limitation. 172
(b) All lands located in a co unty or municipality that 173
have been designated as a dense urban land area under s. 174
380.0651(3)(a). 175
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(52) "Urban sprawl" means an unplanned and uncontrolled a 176
development pattern characterized by low density, automobile -177
dependent development with either a single use or multiple uses 178
that are not functionally related, requiring the extension of 179
public facilities and services in an inefficient manner, and 180
failing to provide a clear separation between urban and rural 181
uses. 182
Section 3. Paragraph (f) of subsection (1), subsection 183
(2), paragraph (a) of subsection (5), and paragraph (a) of 184
subsection (6) of section 163.3177, Florida Statutes, are 185
amended to read: 186
163.3177 Required and optional elements of comprehensive 187
plan; studies and surveys. — 188
(1) The comprehensive plan shall provide the principles, 189
guidelines, standards, and strategies for the orderly and 190
balanced future economic, social, physical, environmental, and 191
fiscal development of the area that reflects community 192
commitments to implement the plan and its elements. These 193
principles and strategies shall guide future decisions in a 194
consistent manner and shall contain programs and activities to 195
ensure comprehensive plans are implemented. The sections of the 196
comprehensive plan containing the princi ples and strategies, 197
generally provided as goals, objectives, and policies, shall 198
describe how the local government's programs, activities, and 199
land development regulations will be initiated, modified, or 200
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continued to implement the comprehensive plan in a consistent 201
manner. It is not the intent of this part to require the 202
inclusion of implementing regulations in the comprehensive plan 203
but rather to require identification of those programs, 204
activities, and land development regulations that will be part 205
of the strategy for implementing the comprehensive plan and the 206
principles that describe how the programs, activities, and land 207
development regulations will be carried out. The plan shall 208
establish meaningful and predictable standards for the use and 209
development of land and provide meaningful guidelines for the 210
content of more detailed land development and use regulations. 211
(f) All required mandatory and optional elements of the 212
comprehensive plan and plan amendments shall be based upon 213
relevant and appropriate data and an analysis by the local 214
government that may include, but not be limited to, surveys, 215
studies, community goals and vision, and other data available at 216
the time of adoption of the comprehensive plan or plan 217
amendment. To be based on data means to react to it in an 218
appropriate way and to the extent necessary indicated by the 219
data available on that particular subject at the time of 220
adoption of the plan or plan amendment at issue. 221
1. Surveys, studies, and data utilized in the preparation 222
of the comprehensive plan may not be deemed a part of the 223
comprehensive plan unless adopted as a part of it. Copies of 224
such studies, surveys, data, and supporting documents for 225
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proposed plans and plan amendments shall be made available for 226
public inspection, and cop ies of such plans shall be made 227
available to the public upon payment of reasonable charges for 228
reproduction. Support data or summaries shall be are not subject 229
to the compliance review process , but the comprehensive plan 230
must be clearly based on appropriat e data. Support data or 231
summaries may be used to aid in the determination of compliance 232
and consistency. 233
2. Data must be taken from professionally accepted 234
sources. The application of a methodology utilized in data 235
collection or whether a particular meth odology is professionally 236
accepted may be evaluated. However, the evaluation may not 237
include whether one accepted methodology is better than another. 238
Original data collection by local governments is not required. 239
However, local governments may use original data so long as 240
methodologies are professionally accepted. 241
3. The comprehensive plan shall be based upon permanent 242
and seasonal population estimates and projections, which shall 243
either be those published by the Office of Economic and 244
Demographic Research or generated by the local government based 245
upon a professionally acceptable methodology , whichever is 246
greater. The plan must be based on at least the minimum amount 247
of land required to accommodate the medium projections as 248
published by the Office of Econ omic and Demographic Research for 249
at least a 10-year planning period unless otherwise limited 250
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under s. 380.05, including related rules of the Administration 251
Commission. Absent physical limitations on population growth, 252
population projections for each munic ipality, and the 253
unincorporated area within a county must, at a minimum, be 254
reflective of each area's proportional share of the total county 255
population and the total county population growth. 256
(2) Coordination of the required and optional several 257
elements of the local comprehensive plan shall be a major 258
objective of the planning process. The required and optional 259
several elements of the comprehensive plan shall be consistent. 260
Optional elements of the comprehensive plan may not contain 261
policies that restric t the density or intensity established in 262
the future land use element. Where data is relevant to required 263
and optional several elements, consistent data shall be used, 264
including population estimates and projections unless 265
alternative data can be justified for a plan amendment through 266
new supporting data and analysis . Each map depicting future 267
conditions must reflect the principles, guidelines, and 268
standards within all elements, and each such map must be 269
contained within the comprehensive plan. 270
(5)(a) Each local government comprehensive plan must 271
include at least two planning periods, one covering at least the 272
first 10-year 5-year period occurring after the plan's adoption 273
and one covering at least a 20-year 10-year period. Additional 274
planning periods for s pecific components, elements, land use 275
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amendments, or projects shall be permissible and accepted as 276
part of the planning process. 277
(6) In addition to the requirements of subsections (1) -278
(5), the comprehensive plan shall include the following 279
elements: 280
(a) A future land use plan element designating proposed 281
future general distribution, location, and extent of the uses of 282
land for residential uses, commercial uses, industry, 283
agriculture, recreation, conservation, education, public 284
facilities, and other cat egories of the public and private uses 285
of land. The approximate acreage and the general range of 286
density or intensity of use shall be provided for the gross land 287
area included in each existing land use category. The element 288
shall establish the long -term end toward which land use programs 289
and activities are ultimately directed. 290
1. Each future land use category must be defined in terms 291
of uses included, and must include standards to be followed in 292
the control and distribution of population densities and 293
building and structure intensities. The proposed distribution, 294
location, and extent of the various categories of land use shall 295
be shown on a land use map or map series which shall be 296
supplemented by goals, policies, and measurable objectives. 297
2. The future land use plan and plan amendments shall be 298
based upon surveys, studies, and data regarding the area, as 299
applicable, including: 300
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a. The amount of land required to accommodate anticipated 301
growth. 302
b. The projected permanent and seasonal population of the 303
area. 304
c. The character of undeveloped land. 305
d. The availability of water supplies, public facilities, 306
and services. 307
e. The need for redevelopment, including the renewal of 308
blighted areas and the elimination of nonconforming uses which 309
are inconsistent with the character of the community. 310
f. The compatibility of uses on lands adjacent to or 311
closely proximate to military installations. 312
g. The compatibility of uses on lands adjacent to an 313
airport as defined in s. 330.35 and consistent with s. 333.02. 314
h. The discouragement of urban sprawl. 315
i. The need for job creation, capital investment, and 316
economic development that will strengthen and diversify the 317
community's economy. 318
j. The need to modify land uses and development patterns 319
within antiquated subdivisions. 320
3. The future land use plan element shall include criteria 321
to be used to: 322
a. Achieve the compatibility of lands adjacent or closely 323
proximate to military installations, considering factors 324
identified in s. 163.3175(5). 325
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b. Achieve the compatibility of lands adjacent to an 326
airport as defined in s. 330.35 and consistent with s. 333.02. 327
c. Encourage preservation of recreational and commercial 328
working waterfronts for water -dependent uses in coastal 329
communities. 330
d. Encourage the location of schools proximate to urban 331
service residential areas to the extent possible and encourage 332
the location of schools in all areas if necessary to provide 333
adequate school capacity to serve residential development . 334
e. Coordinate future land uses with the topography and 335
soil conditions, and the availability of facilities and 336
services. 337
f. Ensure the protection of natural and historic 338
resources. 339
g. Provide for the compatibility of adjacent land uses. 340
h. Provide guidelines for the implementation of mixed-use 341
development including the types of uses allowed, the percentage 342
distribution among the mix of uses, or other standards, and the 343
density and intensity of each use. 344
4. The amount of land designated for future planned uses 345
shall provide a bala nce of uses that foster vibrant, viable 346
communities and economic development opportunities and address 347
outdated development patterns, such as antiquated subdivisions. 348
The amount of land designated for future land uses should allow 349
the operation of real est ate markets to provide adequate choices 350
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for permanent and seasonal residents and business and may not be 351
limited solely by the projected population. The element shall 352
accommodate at least the minimum amount of land required to 353
accommodate the medium projec tions as published by the Office of 354
Economic and Demographic Research for at least a 10 -year 355
planning period unless otherwise limited under s. 380.05, 356
including related rules of the Administration Commission. 357
5. The future land use plan of a county may d esignate 358
areas for possible future municipal incorporation. 359
6. The land use maps or map series shall generally 360
identify and depict historic district boundaries and shall 361
designate historically significant properties meriting 362
protection. 363
7. The future land use element must clearly identify the 364
land use categories in which public schools are an allowable 365
use. When delineating the land use categories in which public 366
schools are an allowable use, a local government shall include 367
in the categories sufficient land proximate to residential 368
development to meet the projected needs for schools in 369
coordination with public school boards and may establish 370
differing criteria for schools of different type or size. Each 371
local government shall include lands contiguous to existing 372
school sites, to the maximum extent possible, within the land 373
use categories in which public schools are an allowable use. 374
8. Future land use map amendments shall be based upon the 375
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following analyses: 376
a. An analysis of the availability of fac ilities and 377
services. 378
b. An analysis of the suitability of the plan amendment 379
for its proposed use considering the character of the 380
undeveloped land, soils, topography, natural resources, and 381
historic resources on site. 382
c. An analysis of the minimum am ount of land needed to 383
achieve the goals and requirements of this section. 384
9. The future land use element and any amendment to the 385
future land use element shall discourage the proliferation of 386
urban sprawl by planning for future development as provided i n 387
this section. 388
a. The primary indicators that a plan or plan amendment 389
does not discourage the proliferation of urban sprawl are listed 390
below. The evaluation of the presence of these indicators shall 391
consist of an analysis of the plan or plan amendment within the 392
context of features and characteristics unique to each locality 393
in order to determine whether the plan or plan amendment: 394
(I) Promotes, allows, or designates for development 395
substantial areas of the jurisdiction to develop as low -396
intensity, low-density, or single-use development or uses. 397
(II) Promotes, allows, or designates significant amounts 398
of urban development to occur in rural areas at substantial 399
distances from existing urban areas while not using undeveloped 400
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lands that are available an d suitable for development. 401
(III) Promotes, allows, or designates urban development in 402
radial, strip, isolated, or ribbon patterns generally emanating 403
from existing urban developments. 404
(IV) Fails to adequately protect and conserve natural 405
resources, such as wetlands, floodplains, native vegetation, 406
environmentally sensitive areas, natural groundwater aquifer 407
recharge areas, lakes, rivers, shorelines, beaches, bays, 408
estuarine systems, and other significant natural systems. 409
(V) Fails to adequately pro tect adjacent agricultural 410
areas and activities, including silviculture, active 411
agricultural and silvicultural activities, passive agricultural 412
activities, and dormant, unique, and prime farmlands and soils. 413
(VI) Fails to maximize use of existing public facilities 414
and services. 415
(VII) Fails to maximize use of future public facilities 416
and services. 417
(VIII) Allows for land use patterns or timing which 418
disproportionately increase the cost in time, money, and energy 419
of providing and maintaining facilities a nd services, including 420
roads, potable water, sanitary sewer, stormwater management, law 421
enforcement, education, health care, fire and emergency 422
response, and general government. 423
(IX) Fails to provide a clear separation between rural and 424
urban uses. 425
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(X) Discourages or inhibits infill development or the 426
redevelopment of existing neighborhoods and communities. 427
(XI) Fails to encourage a functional mix of uses. 428
(XII) Results in poor accessibility among linked or 429
related land uses. 430
(XIII) Results in the loss of significant amounts of 431
functional open space. 432
b. The future land use element or plan amendment shall be 433
determined to discourage the proliferation of urban sprawl if it 434
incorporates a development pattern or urban form that achieves 435
four or more of the following: 436
(I) Directs or locates economic growth and associated land 437
development to geographic areas of the community in a manner 438
that does not have an adverse impact on and protects natural 439
resources and ecosystems. 440
(II) Promotes the efficient and cost-effective provision 441
or extension of public infrastructure and services. 442
(III) Promotes walkable and connected communities and 443
provides for compact development and a mix of uses at densities 444
and intensities that will support a range of housing c hoices and 445
a multimodal transportation system, including pedestrian, 446
bicycle, and transit, if available. 447
(IV) Promotes conservation of water and energy. 448
(V) Preserves agricultural areas and activities, including 449
silviculture, and dormant, unique, and p rime farmlands and 450
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soils. 451
(VI) Preserves open space and natural lands and provides 452
for public open space and recreation needs. 453
(VII) Creates a balance of land uses based upon demands of 454
the residential population for the nonresidential needs of an 455
area. 456
(VIII) Provides uses, densities, and intensities of use 457
and urban form that would remediate an existing or planned 458
development pattern in the vicinity that constitutes sprawl or 459
if it provides for an innovative development pattern such as 460
transit-oriented developments or new towns as defined in s. 461
163.3164. 462
10. The future land use element shall include a future 463
land use map or map series. 464
a. The proposed distribution, extent, and location of the 465
following uses shall be shown on the future land use m ap or map 466
series: 467
(I) Residential. 468
(II) Commercial. 469
(III) Industrial. 470
(IV) Agricultural. 471
(V) Recreational. 472
(VI) Conservation. 473
(VII) Educational. 474
(VIII) Public. 475
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b. The following areas shall also be shown on the future 476
land use map or map series, if applicable: 477
(I) Historic district boundaries and designated 478
historically significant properties. 479
(II) Transportation concurrency management area boundaries 480
or transportation concurrency exception area boundaries. 481
(III) Multimodal transport ation district boundaries. 482
(IV) Mixed-use categories. 483
c. The following natural resources or conditions shall be 484
shown on the future land use map or map series, if applicable: 485
(I) Existing and planned public potable waterwells, cones 486
of influence, and wellhead protection areas. 487
(II) Beaches and shores, including estuarine systems. 488
(III) Rivers, bays, lakes, floodplains, and harbors. 489
(IV) Wetlands. 490
(V) Minerals and soils. 491
(VI) Coastal high hazard areas. 492
Section 4. Section 163.3191, Florida Statutes, is amended 493
to read: 494
163.3191 Evaluation and appraisal of comprehensive plan. — 495
(1) At least once every 7 years, each local government 496
must shall evaluate its comprehensive plan to determine if plan 497
amendments are necessary to reflect a minimum planning period of 498
at least 10 years as provided in s. 163.3177(5), or to reflect 499
changes in state requirements in this part since the last update 500
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of the comprehensive plan, and notify the state land planning 501
agency as to its determination. The notification shall include a 502
separate affidavit, signed by the chair of the governing body of 503
the county and the mayor of the municipality, attesting that all 504
elements of its comprehensive plan comply with this subsection. 505
The affidavit must also include a certific ation that the adopted 506
comprehensive plan contains the minimum planning period of 10 507
years, as provided in s. 163.3177(5), and must cite the source 508
and date of the population projections used in establishing the 509
10-year planning period. 510
(2) If the local government determines amendments to its 511
comprehensive plan are necessary to reflect changes in state 512
requirements, the local government shall prepare and transmit 513
within 1 year such plan amendment or amendments for review 514
pursuant to s. 163.3184. 515
(3) Local governments must are encouraged to 516
comprehensively evaluate and, as necessary, update comprehensive 517
plans to reflect changes in local conditions. Plan amendments 518
transmitted pursuant to this section shall be reviewed pursuant 519
to s. 163.3184(4). Updates to the required elements of the 520
comprehensive plan must be processed in the same plan amendment 521
cycle. Optional elements of the comprehensive plan may not be 522
updated until the required elements have been updated, unless 523
otherwise required by general law. 524
(4) If a local government fails to submit the its letter 525
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and affidavit prescribed by subsection (1) or update its plan 526
pursuant to subsection (3) within 1 year from the date the 527
letter was transmitted to the state land planning agency (2), it 528
may not initiate or adopt any publicly initiated plan amendments 529
to amend its comprehensive plan until such time as it complies 530
with this section, unless otherwise required by general law . 531
This prohibition on plan amendments does not apply to privately 532
initiated plan amendments. The failure of the local government 533
to update its plan in a timely manner may not be the basis for 534
the denial of a privately initiated comprehensive plan 535
amendment. 536
(5) If it is determined that a local government has failed 537
to update its comprehensive plan pursuant to this section, the 538
state land planning agency shall provide the required population 539
projections that must be used by the local government to update 540
the comprehensive plan. The local government shall initiate an 541
update to its comprehensive plan within 3 months following the 542
receipt of the population projections and must complete the 543
update within 12 months. During the update process, the local 544
government may provide alternative population projections based 545
on professionally accepted methodologies, but only if those 546
population projections exceed the population projections 547
provided by the state land planning agency and only if the 548
update is completed within the time period provided in this 549
subsection. 550
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(6)(5) The state land planning a gency may not adopt rules 551
to implement this section, other than procedural rules or a 552
schedule indicating when local governments must comply with the 553
requirements of this section. 554
Section 5. Subsections (2) and (5) of section 163.3202, 555
Florida Statutes, are amended to read: 556
163.3202 Land development regulations. — 557
(2) Local land development regulations must shall contain 558
specific and detailed provisions necessary or desirable to 559
implement the adopted comprehensive plan and shall at a minimum: 560
(a) Regulate the subdivision of land. 561
(b) Establish minimum lot sizes within single -family, two-562
family, and fee-simple, single-family townhome zoning districts 563
to accommodate the maximum density authorized in the 564
comprehensive plan, net of the land area requi red to be set 565
aside for subdivision roads, sidewalks, stormwater ponds, open 566
space, landscape buffers, and any other mandatory land 567
development regulations that require land to be set aside that 568
could otherwise be used for the development of single -family 569
homes, two-family homes, and fee -simple, single-family 570
townhomes. 571
(c) Establish infill development standards for single -572
family homes, two-family homes, and fee -simple townhome dwelling 573
units to allow for the administrative approval of development of 574
infill single-family homes, two-family homes, and fee -simple, 575
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single-family townhomes. 576
(d)(b) Regulate the use of land and water for those land 577
use categories included in the land use element and ensure the 578
compatibility of adjacent uses and provide for open space. 579
(e)(c) Provide for protection of potable water wellfields. 580
(f)(d) Regulate areas subject to seasonal and periodic 581
flooding and provide for drainage and stormwater management. 582
(g)(e) Ensure the protection of environmentally sensitive 583
lands designated in the comprehensive plan. 584
(h)(f) Regulate signage. 585
(i)(g) Provide that public facilities and services meet or 586
exceed the standards established in the capital improvements 587
element required by s. 163.3177 and are available when needed 588
for the development, or that development orders and permits are 589
conditioned on the availability of these public facilities and 590
services necessary to serve the proposed development. A local 591
government may not issue a development order or permit that 592
results in a reduction in the level of services for the affected 593
public facilities bel ow the adopted level of services provided 594
in the local government's comprehensive plan. Levels of service 595
established in a comprehensive plan solely for planning purposes 596
may not be used as a basis for the denial of a development order 597
or permit. 598
(j)(h) Ensure safe and convenient onsite traffic flow, 599
considering needed vehicle parking. 600
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(k)(i) Maintain the existing density of residential 601
properties or recreational vehicle parks if the properties are 602
intended for residential use and are located in the 603
unincorporated areas that have sufficient infrastructure, as 604
determined by a local governing authority, and are not located 605
within a coastal high -hazard area under s. 163.3178. 606
(l)(j) Incorporate preexisting development orders 607
identified pursuant to s. 163. 3167(3). 608
(5)(a) Land development regulations relating to building 609
design elements may not be applied to a single -family or two-610
family dwelling unless: 611
1. The dwelling is listed in the National Register of 612
Historic Places, as defined in s. 267.021(5); i s located in a 613
National Register Historic District; or is designated as a 614
historic property or located in a historic district, under the 615
terms of a local preservation ordinance; 616
2. The regulations are adopted in order to implement the 617
National Flood Insurance Program; 618
3. The regulations are adopted pursuant to and in 619
compliance with chapter 553; 620
4. The dwelling is located in a community redevelopment 621
area, as defined in s. 163.340(10); 622
5. The regulations are required to ensure protection of 623
coastal wildlife in compliance with s. 161.052, s. 161.053, s. 624
161.0531, s. 161.085, s. 161.163, or chapter 373; or 625
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6. The dwelling is located in a planned unit development 626
or master planned community created pursuant to a local 627
ordinance, resolution, or other f inal action approved by the 628
local governing body; or 629
6.7. The dwelling is located within the jurisdiction of a 630
local government that has a design review board or architectural 631
review board created before January 1, 2020 . 632
(b) For purposes of this subsec tion, the term: 633
1. "Building design elements" means the external building 634
color; the type or style of exterior cladding material; the 635
style or material of roof structures or porches; the exterior 636
nonstructural architectural ornamentation; the location or 637
architectural styling of windows or doors; the location or 638
orientation of the garage; the number and type of rooms; and the 639
interior layout of rooms. The term does not include the height, 640
bulk, orientation, or location of a dwelling on a zoning lot; or 641
the use of buffering or screening to minimize potential adverse 642
physical or visual impacts or to protect the privacy of 643
neighbors. 644
2. "Planned unit development" or "master planned 645
community" means an area of land that is planned and developed 646
as a single entity or in approved stages with uses and 647
structures substantially related to the character of the entire 648
development, or a self -contained development in which the 649
subdivision and zoning controls are applied to the project as a 650
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whole rather than to individ ual lots. 651
(c) This subsection does not affect the validity or 652
enforceability of private covenants or other contractual 653
agreements relating to building design elements. 654
Section 6. Paragraph (g) of subsection (5) of section 655
163.3246, Florida Statutes, is amended to read: 656
163.3246 Local government comprehensive planning 657
certification program. — 658
(5) If the local government meets the eligibility criteria 659
of subsection (2), the state land planning agency shall certify 660
all or part of a local government by written agreement, which 661
shall be considered final agency action subject to challenge 662
under s. 120.569. The agreement must include the following 663
components: 664
(g) Criteria to evaluate the effectiveness of the 665
certification process in achieving the communi ty-development 666
goals for the certification area including: 667
1. Measuring the compactness of growth, expressed as the 668
ratio between population growth and land consumed; 669
2. Increasing residential density and intensity 670
intensities of use; 671
3. Measuring and reducing vehicle miles traveled and 672
increasing the interconnectedness of the street system, 673
pedestrian access, and mass transit; 674
4. Measuring the balance between the location of jobs and 675
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housing; 676
5. Improving the housing mix within the certification 677
area, including the provision of mixed -use neighborhoods, 678
affordable housing, and the creation of an affordable housing 679
program if such a program is not already in place; 680
6. Promoting mixed-use developments as an alternative to 681
single-purpose centers; 682
7. Promoting clustered development having dedicated open 683
space; 684
8. Linking commercial, educational, and recreational uses 685
directly to residential growth; 686
9. Reducing per capita water and energy consumption; 687
10. Prioritizing environmental features to be protected 688
and adopting measures or programs to protect identified 689
features; 690
11. Reducing hurricane shelter deficits and evacuation 691
times and implementing the adopted mitigation strategies; and 692
12. Improving coordination between the local government 693
and school board. 694
Section 7. Paragraph (a) of subsection (2) of section 695
189.08, Florida Statutes, is amended to read: 696
189.08 Special district public facilities report. — 697
(2) Each independent special district shall submit to each 698
local general-purpose government in which it is located a public 699
facilities report and an annual notice of any changes. The 700
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public facilities report shall specify the following 701
information: 702
(a) A description of existing public facilities owned or 703
operated by the special di strict, and each public facility that 704
is operated by another entity, except a local general -purpose 705
government, through a lease or other agreement with the special 706
district. This description shall include the current capacity of 707
the facility, the current d emands placed upon it, and its 708
location. This information shall be required in the initial 709
report and updated every 7 years at least 12 months before the 710
submission date of the evaluation and appraisal notification 711
letter of the appropriate local governmen t required by s. 712
163.3191. The department shall post a schedule on its website, 713
based on the evaluation and appraisal notification schedule 714
prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a 715
special district to determine when its public facil ities report 716
and updates to that report are due to the local general -purpose 717
governments in which the special district is located. 718
Section 8. Subsection (29) of section 479.01, Florida 719
Statutes, is amended to read: 720
479.01 Definitions. —As used in this chapter, the term: 721
(29) "Zoning category" means the designation under the 722
land development regulations or other similar ordinance enacted 723
to regulate the use of land as provided in s. 163.3202(2) s. 724
163.3202(2)(b), which designation sets forth the allow able uses, 725
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restrictions, and limitations on use applicable to properties 726
within the category. 727
Section 9. This act shall take effect July 1, 2023. 728