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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. 163.3177, F.S.; 14
revising the types of data that comprehensive plans 15
and plan amendments must be based on; revising means 16
by which an application of a methodology used in data 17
collection or whether a particular methodology is 18
professionally accepted may be evaluated; revising the 19
elements that must be included in a comprehensive 20
plan; revising the planning periods that must be 21
included in a comprehensive plan; amending s. 22
163.3191, F.S.; revising the frequency at which a 23
local government must evaluate its comprehensive plan 24
for specified purposes; requiring, rather than 25
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authorizing, a local government to comprehensively 26
evaluate and update its comprehensive plans to reflect 27
changes in local conditions; requiring a local 28
government to submit an affidavit for specified 29
purposes; prohibiting a local government from publicly 30
initiating or adopting plan amendments to its 31
comprehensive plan when it fails to meet certain 32
requirements; requiring the state land planning agency 33
to provide certain information when a local government 34
fails to update its comprehensive plan; providing 35
procedures if an update is found to not be in 36
compliance or if the update is challenged by a third 37
party; amending s. 163.3202, F.S.; revising content 38
requirements for local land development regulations; 39
revising exceptions to applicability of land 40
development regulations relating to single -family or 41
two-family dwelling building design elements; deleting 42
a definition; 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 subsectio n (18) of section 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 spec ial 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 go vernmental entities 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 modifi cation 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 modifications 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 sensiti ve portion of the 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 pro perty 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 recommendation 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 decision 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 suffi cient hardship to support 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 recomme ndation 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 shal l 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 comprehensi ve plan 149
provisions with which the development conflicts. 150
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Section 2. Paragraph (f) of subsection (1), subsection 151
(2), paragraph (a) of subsection (5), and paragraph (a) of 152
subsection (6) of section 163.3177, Florida Statutes, are 153
amended to read: 154
163.3177 Required and optional elements of comprehensive 155
plan; studies and surveys. — 156
(1) The comprehensive plan shall provide the principles, 157
guidelines, standards, and strategies for the orderly and 158
balanced future economic, social, physical, environmental, and 159
fiscal development of the area that reflects community 160
commitments to implement the plan and its elements. These 161
principles and strategies shall guide future decisions in a 162
consistent manner and shall contain programs and activities to 163
ensure comprehensive plans are implemented. The sections of the 164
comprehensive plan containing the principles and strategies, 165
generally provided as goals, objectives, and policies, shall 166
describe how the local government's programs, activities, and 167
land development regula tions will be initiated, modified, or 168
continued to implement the comprehensive plan in a consistent 169
manner. It is not the intent of this part to require the 170
inclusion of implementing regulations in the comprehensive plan 171
but rather to require identificatio n of those programs, 172
activities, and land development regulations that will be part 173
of the strategy for implementing the comprehensive plan and the 174
principles that describe how the programs, activities, and land 175
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development regulations will be carried out. The plan shall 176
establish meaningful and predictable standards for the use and 177
development of land and provide meaningful guidelines for the 178
content of more detailed land development and use regulations. 179
(f) All required mandatory and optional elements o f the 180
comprehensive plan and plan amendments must shall be based upon 181
relevant and appropriate data and an analysis by the local 182
government that may include, but not be limited to, surveys, 183
studies, community goals and vision, and other data available at 184
the time of adoption of the comprehensive plan or plan 185
amendment. To be based on data means to react to it in an 186
appropriate way and to the extent necessary indicated by the 187
data available on that particular subject at the time of 188
adoption of the plan or pl an amendment at issue. 189
1. Surveys, studies, and data utilized in the preparation 190
of the comprehensive plan may not be deemed a part of the 191
comprehensive plan unless adopted as a part of it. Copies of 192
such studies, surveys, data, and supporting documents for 193
proposed plans and plan amendments must shall be made available 194
for public inspection, and copies of such plans must shall be 195
made available to the public upon payment of reasonable charges 196
for reproduction. Support data or summaries shall be are not 197
subject to the compliance review process ., but The comprehensive 198
plan, the support data, and the summaries must be clearly based 199
on current appropriate data and analysis, which is relevant to 200
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and correlates to the proposed amendment . Support data or 201
summaries may be used to aid in the determination of compliance 202
and consistency. 203
2. Data must be taken from professionally accepted 204
sources. The application of a methodology utilized in data 205
collection or whether a particular methodology is professionally 206
accepted may be evaluated. However, the evaluation may not 207
include whether one accepted methodology is better than another. 208
Original data collection by local governments is not required. 209
However, local governments may use original data so long as 210
methodologies are professionally accepted. 211
3. The comprehensive plan must shall be based upon 212
permanent and seasonal population estimates and projections, 213
which must shall either be those published by the Office of 214
Economic and Demographic Research or generated by t he local 215
government based upon a professionally acceptable methodology , 216
whichever is greater . The plan must be based on at least the 217
minimum amount of land required to accommodate the medium 218
projections as published by the Office of Economic and 219
Demographic Research for at least a 10 -year planning period 220
unless otherwise limited under s. 380.05, including related 221
rules of the Administration Commission. Absent physical 222
limitations on population growth, population projections for 223
each municipality, and the un incorporated area within a county 224
must, at a minimum, be reflective of each area's proportional 225
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share of the total county population and the total county 226
population growth. 227
(2) Coordination of the required and optional several 228
elements of the local compr ehensive plan must shall be a major 229
objective of the planning process. The required and optional 230
several elements of the comprehensive plan must shall be 231
consistent. Optional elements of the comprehensive plan may not 232
contain policies that restrict the den sity or intensity 233
established in the future land use element. Where data is 234
relevant to required and optional several elements, consistent 235
data must shall be used, including population estimates and 236
projections unless alternative data can be justified for a plan 237
amendment through new supporting data and analysis . Each map 238
depicting future conditions must reflect the principles, 239
guidelines, and standards within all elements, and each such map 240
must be contained within the comprehensive plan. 241
(5)(a) Each local government comprehensive plan must 242
include at least two planning periods, one covering at least the 243
first 10-year 5-year period occurring after the plan's adoption 244
and one covering at least a 20-year 10-year period. Additional 245
planning periods for speci fic components, elements, land use 246
amendments, or projects shall be permissible and accepted as 247
part of the planning process. 248
(6) In addition to the requirements of subsections (1) -249
(5), the comprehensive plan shall include the following 250
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elements: 251
(a) A future land use plan element designating proposed 252
future general distribution, location, and extent of the uses of 253
land for residential uses, commercial uses, industry, 254
agriculture, recreation, conservation, education, public 255
facilities, and other categor ies of the public and private uses 256
of land. The approximate acreage and the general range of 257
density or intensity of use must shall be provided for the gross 258
land area included in each existing land use category. The 259
element must shall establish the long-term end toward which land 260
use programs and activities are ultimately directed. 261
1. Each future land use category must be defined in terms 262
of uses included, and must include standards to be followed in 263
the control and distribution of population densities a nd 264
building and structure intensities. The proposed distribution, 265
location, and extent of the various categories of land use must 266
shall be shown on a land use map or map series which is shall be 267
supplemented by goals, policies, and measurable objectives. 268
2. The future land use plan and plan amendments must shall 269
be based upon surveys, studies, and data regarding the area, as 270
applicable, including: 271
a. The amount of land required to accommodate anticipated 272
growth, including the amount of land necessary to accommodate 273
single-family, two-family, and fee simple townhome development . 274
b. The projected permanent and seasonal population of the 275
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area. 276
c. The character of undeveloped land. 277
d. The availability of water supplies, public facilities, 278
and services. 279
e. The amount of land located outside the urban service 280
area, excluding lands designated for conservation, preservation, 281
or other public use. 282
f.e. The need for redevelopment, including the renewal of 283
blighted areas and the elimination of nonconforming uses which 284
are inconsistent with the character of the community. 285
g.f. The compatibility of uses on lands adjacent to or 286
closely proximate to military installations. 287
h.g. The compatibility of uses on lands adjacent to an 288
airport as defined in s. 330.35 and consistent with s. 333.02. 289
i.h. The discouragement of urban sprawl. 290
j.i. The need for job creation, capital investment, and 291
economic development that will strengthen and diversify the 292
community's economy. 293
k.j. The need to modify land uses and development patterns 294
within antiquated subdivisions. 295
3. The future land use plan element must shall include 296
criteria to be used to: 297
a. Achieve the compatibility of lands adjacent or closely 298
proximate to military installations, considering factors 299
identified in s. 163.3175(5). 300
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b. Achieve the compatibility of lands adjacent to an 301
airport as defined in s. 330.35 and consistent with s. 333.02. 302
c. Encourage preservation of recreational and commercial 303
working waterfronts for water -dependent uses in coastal 304
communities. 305
d. Encourage the location of schools proximate to urban 306
service residential areas to the extent possible and encourage 307
the location of schools in all areas if necessary to provide 308
adequate school capacity to serve residential development . 309
e. Coordinate future land uses with the topography and 310
soil conditions, and the availability of facilities and 311
services. 312
f. Ensure the protection of natural and historic 313
resources. 314
g. Provide for the compatibility of adjacent land uses. 315
h. Provide guidelines for the implementation of mixed -use 316
development including the types of uses allowed, the percentage 317
distribution among the mix of uses, or other standards, and the 318
density and intensity of each use. 319
4. The amount of land designated for future planned uses 320
must shall provide a balance of uses that foster vibrant, viable 321
communities and economic development opportunities and address 322
outdated development patterns, such as antiquated subdivisions. 323
The amount of land designated for future land uses should allow 324
the operation of real estate markets to provide adequate choices 325
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for permanent and seasonal residents and business and may not be 326
limited solely by the projected population. The element must 327
shall accommodate at least the minimum amount of land required 328
to accommodate the medium projections as published by the Office 329
of Economic and Demographic Research for at least a 10 -year 330
planning period unless otherwise limited under s. 380.05, 331
including related rules of the Administration Commission. 332
5. The future land use plan of a county may designate 333
areas for possible future muni cipal incorporation. 334
6. The land use maps or map series must shall generally 335
identify and depict historic district boundaries and must shall 336
designate historically significant properties meriting 337
protection. 338
7. The future land use element must clearly identify the 339
land use categories in which public schools are an allowable 340
use. When delineating the land use categories in which public 341
schools are an allowable use, a local government shall include 342
in the categories sufficient land proximate to residentia l 343
development to meet the projected needs for schools in 344
coordination with public school boards and may establish 345
differing criteria for schools of different type or size. Each 346
local government shall include lands contiguous to existing 347
school sites, to the maximum extent possible, within the land 348
use categories in which public schools are an allowable use. 349
8. Future land use map amendments must shall be based upon 350
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the following analyses: 351
a. An analysis of the availability of facilities and 352
services. 353
b. An analysis of the suitability of the plan amendment 354
for its proposed use considering the character of the 355
undeveloped land, soils, topography, natural resources, and 356
historic resources on site. 357
c. An analysis of the minimum amount of land needed to 358
achieve the goals and requirements of this section. 359
9. The future land use element must and any amendment to 360
the future land use element shall discourage the proliferation 361
of urban sprawl by planning for future development as provided 362
in this section. 363
a. The primary indicators that a plan or plan amendment 364
does not discourage the proliferation of urban sprawl are listed 365
below. The evaluation of the presence of these indicators shall 366
consist of an analysis of the plan or plan amendment within the 367
context of features and characteristics unique to each locality 368
in order to determine whether the plan or plan amendment: 369
(I) Promotes, allows, or designates for development 370
substantial areas of the jurisdiction to develop as low -371
intensity, low-density, or single-use development or uses. 372
(II) Promotes, allows, or designates significant amounts 373
of urban development to occur in rural areas at substantial 374
distances from existing urban areas while not using undeveloped 375
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lands that are available and suitable for deve lopment. 376
(III) Promotes, allows, or designates urban development in 377
radial, strip, isolated, or ribbon patterns generally emanating 378
from existing urban developments. 379
(IV) Fails to adequately protect and conserve natural 380
resources, such as wetlands, flo odplains, native vegetation, 381
environmentally sensitive areas, natural groundwater aquifer 382
recharge areas, lakes, rivers, shorelines, beaches, bays, 383
estuarine systems, and other significant natural systems. 384
(V) Fails to adequately protect adjacent agricul tural 385
areas and activities, including silviculture, active 386
agricultural and silvicultural activities, passive agricultural 387
activities, and dormant, unique, and prime farmlands and soils. 388
(VI) Fails to maximize use of existing public facilities 389
and services. 390
(VII) Fails to maximize use of future public facilities 391
and services. 392
(VIII) Allows for land use patterns or timing which 393
disproportionately increase the cost in time, money, and energy 394
of providing and maintaining facilities and services, includin g 395
roads, potable water, sanitary sewer, stormwater management, law 396
enforcement, education, health care, fire and emergency 397
response, and general government. 398
(IX) Fails to provide a clear separation between rural and 399
urban uses. 400
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(X) Discourages or inhibits infill development or the 401
redevelopment of existing neighborhoods and communities. 402
(XI) Fails to encourage a functional mix of uses. 403
(XII) Results in poor accessibility among linked or 404
related land uses. 405
(XIII) Results in the loss of signifi cant amounts of 406
functional open space. 407
b. The future land use element or plan amendment shall be 408
determined to discourage the proliferation of urban sprawl if it 409
incorporates a development pattern or urban form that achieves 410
four or more of the following : 411
(I) Directs or locates economic growth and associated land 412
development to geographic areas of the community in a manner 413
that does not have an adverse impact on and protects natural 414
resources and ecosystems. 415
(II) Promotes the efficient and cost -effective provision 416
or extension of public infrastructure and services. 417
(III) Promotes walkable and connected communities and 418
provides for compact development and a mix of uses at densities 419
and intensities that will support a range of housing choices and 420
a multimodal transportation system, including pedestrian, 421
bicycle, and transit, if available. 422
(IV) Promotes conservation of water and energy. 423
(V) Preserves agricultural areas and activities, including 424
silviculture, and dormant, unique, and prime farmlands a nd 425
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soils. 426
(VI) Preserves open space and natural lands and provides 427
for public open space and recreation needs. 428
(VII) Creates a balance of land uses based upon demands of 429
the residential population for the nonresidential needs of an 430
area. 431
(VIII) Provides uses, densities, and intensities of use 432
and urban form that would remediate an existing or planned 433
development pattern in the vicinity that constitutes sprawl or 434
if it provides for an innovative development pattern such as 435
transit-oriented developments or new towns as defined in s. 436
163.3164. 437
10. The future land use element must shall include a 438
future land use map or map series. 439
a. The proposed distribution, extent, and location of the 440
following uses must shall be shown on the future land use map or 441
map series: 442
(I) Residential. 443
(II) Commercial. 444
(III) Industrial. 445
(IV) Agricultural. 446
(V) Recreational. 447
(VI) Conservation. 448
(VII) Educational. 449
(VIII) Public. 450
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b. The following areas must shall also be shown on the 451
future land use map or map se ries, if applicable: 452
(I) Historic district boundaries and designated 453
historically significant properties. 454
(II) Transportation concurrency management area boundaries 455
or transportation concurrency exception area boundaries. 456
(III) Multimodal transportat ion district boundaries. 457
(IV) Mixed-use categories. 458
c. The following natural resources or conditions must 459
shall be shown on the future land use map or map series, if 460
applicable: 461
(I) Existing and planned public potable waterwells, cones 462
of influence, and wellhead protection areas. 463
(II) Beaches and shores, including estuarine systems. 464
(III) Rivers, bays, lakes, floodplains, and harbors. 465
(IV) Wetlands. 466
(V) Minerals and soils. 467
(VI) Coastal high hazard areas. 468
Section 3. Section 163.3191, Flor ida Statutes, is amended 469
to read: 470
163.3191 Evaluation and appraisal of comprehensive plan. — 471
(1) At least once every 7 years, each local government 472
shall evaluate its comprehensive plan to determine if plan 473
amendments are necessary to reflect a minimum planning period of 474
at least 10 years as provided in s. 163.3177(5), or to reflect 475
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changes in state requirements in this part since the last update 476
of the comprehensive plan, and notify the state land planning 477
agency as to its determination. The notification shall include a 478
separate affidavit, signed by the chair of the governing body of 479
the county and the mayor of the municipality, attesting that all 480
elements of its comprehensive plan comply with this subsection. 481
The affidavit must also include a certificat ion that the adopted 482
comprehensive plan contains the minimum planning period of 10 483
years, as provided in s. 163.3177(5), and must cite the source 484
and date of the population projections used in establishing the 485
10-year planning period. 486
(2) If the local go vernment determines amendments to its 487
comprehensive plan are necessary to reflect changes in state 488
requirements, the local government must shall prepare and 489
transmit within 1 year such plan amendment or amendments for 490
review pursuant to s. 163.3184. 491
(3) Local governments shall are encouraged to 492
comprehensively evaluate and, as necessary, update comprehensive 493
plans to reflect changes in local conditions. Plan amendments 494
transmitted pursuant to this section must shall be reviewed 495
pursuant to s. 163.3184(4). Updates to the required and optional 496
elements of the comprehensive plan must be processed in the same 497
plan amendment cycle. 498
(4) If a local government fails to submit the its letter 499
and affidavit prescribed by subsection (1) or transmit the 500
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update to its plan pursuant to subsection (3) within 1 year 501
after the date the letter was transmitted to the state land 502
planning agency (2), it may not initiate or adopt any publicly 503
initiated plan amendments to amend its comprehensive plan until 504
such time as it complies with this section , unless otherwise 505
required by general law. This prohibition on plan amendments 506
does not apply to privately initiated plan amendments. The 507
failure of the local government to timely update its plan may 508
not be the basis for the denial of privately initiated 509
comprehensive plan amendments . 510
(5) If it is determined that a local government has failed 511
to update its comprehensive plan pursuant to this section, the 512
state land planning agency must provide the required population 513
projections that must be used by the local government to update 514
the comprehensive plan. The local government shall initiate an 515
update to its comprehensive plan within 3 months after the 516
receipt of the population projections and must transmit the 517
update within 12 months . If the state land planning agency does 518
not find the update to be in compliance, the agency must 519
establish the timeline to address such deficiencies, not to 520
exceed an additional 12 -month period. If the update is 521
challenged by a third party, the local gove rnment may seek 522
approval from the state land planning agency to process publicly 523
initiated plan amendments that are necessary to accommodate 524
population growth during the pendency of the litigation. During 525
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the update process, the local government may provid e alternative 526
population projections based on professionally accepted 527
methodologies, but only if those population projections exceed 528
the population projections provided by the state land planning 529
agency and only if the update is completed within the time 530
period provided in this subsection. 531
(6)(5) The state land planning agency may not adopt rules 532
to implement this section, other than procedural rules or a 533
schedule indicating when local governments must comply with the 534
requirements of this section. 535
Section 4. Subsections (2) and (5) of section 163.3202, 536
Florida Statutes, are amended to read: 537
163.3202 Land development regulations. — 538
(2) Local land development regulations shall contain 539
specific and detailed provisions necessary or desirable to 540
implement the adopted comprehensive plan and shall at a minimum: 541
(a) Regulate the subdivision of land. 542
(b) Establish minimum lot sizes within single -family, two-543
family, and fee simple, single -family townhouse zoning districts 544
to accommodate the maximum density authorized in the 545
comprehensive plan, net of the land area required to be set 546
aside for subdivision roads, sidewalks, stormwater ponds, open 547
space, landscape buffers, and any other mandatory land 548
development regulations that require land to be set aside t hat 549
could otherwise be used for the development of single -family 550
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homes, two-family homes, and fee simple, single -family 551
townhouses. 552
(c) Establish infill development standards for single -553
family homes, two-family homes, and fee simple townhouse 554
dwelling units to allow for the administrative approval of 555
development of infill single -family homes, two-family homes, and 556
fee simple, single-family townhouses. 557
(d)(b) Regulate the use of land and water for those land 558
use categories included in the land use elemen t and ensure the 559
compatibility of adjacent uses and provide for open space. 560
(e)(c) Provide for protection of potable water wellfields. 561
(f)(d) Regulate areas subject to seasonal and periodic 562
flooding and provide for drainage and stormwater management. 563
(g)(e) Ensure the protection of environmentally sensitive 564
lands designated in the comprehensive plan. 565
(h)(f) Regulate signage. 566
(i)(g) Provide that public facilities and services meet or 567
exceed the standards established in the capital improvements 568
element required by s. 163.3177 and are available when needed 569
for the development, or that development orders and permits are 570
conditioned on the availability of these public facilities and 571
services necessary to serve the proposed development. A local 572
government may not issue a development order or permit that 573
results in a reduction in the level of services for the affected 574
public facilities below the level of services provided in the 575
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local government's comprehensive plan. 576
(j)(h) Ensure safe and convenient ons ite traffic flow, 577
considering needed vehicle parking. 578
(k)(i) Maintain the existing density of residential 579
properties or recreational vehicle parks if the properties are 580
intended for residential use and are located in the 581
unincorporated areas that have su fficient infrastructure, as 582
determined by a local governing authority, and are not located 583
within a coastal high -hazard area under s. 163.3178. 584
(l)(j) Incorporate preexisting development orders 585
identified pursuant to s. 163.3167(3). 586
(5)(a) Land development regulations relating to building 587
design elements may not be applied to a single -family or two-588
family dwelling unless: 589
1. The dwelling is listed in the National Register of 590
Historic Places, as defined in s. 267.021(5); is located in a 591
National Register Historic District; or is designated as a 592
historic property or located in a historic district, under the 593
terms of a local preservation ordinance; 594
2. The regulations are adopted in order to implement the 595
National Flood Insurance Program; 596
3. The regulations are adopted pursuant to and in 597
compliance with chapter 553; 598
4. The dwelling is located in a community redevelopment 599
area, as defined in s. 163.340(10); 600
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5. The regulations are required to ensure protection of 601
coastal wildlife in compliance with s. 161.052, s. 161.053, s. 602
161.0531, s. 161.085, s. 161.163, or chapter 373; or 603
6. The dwelling is located in a planned unit development 604
or master planned community created pursuant to a local 605
ordinance, resolution, or other final action approved by the 606
local governing body; or 607
6.7. The dwelling is located within the jurisdiction of a 608
local government that has a design review board or architectural 609
review board created before January 1, 2020 . 610
(b) For purposes of this subsection, the term : 611
1. "building design elements" means the external building 612
color; the type or style of exterior cladding material; the 613
style or material of roof structures or porches; the exterior 614
nonstructural architectural ornamentation; the location or 615
architectural styling of windows or doors; the location or 616
orientation of the garage; the number and type of rooms; and the 617
interior layout of rooms. The term does not include the height, 618
bulk, orientation, or location of a dwelling on a zoning lot; or 619
the use of buffering or s creening to minimize potential adverse 620
physical or visual impacts or to protect the privacy of 621
neighbors. 622
2. "Planned unit development" or "master planned 623
community" means an area of land that is planned and developed 624
as a single entity or in approved st ages with uses and 625
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structures substantially related to the character of the entire 626
development, or a self -contained development in which the 627
subdivision and zoning controls are applied to the project as a 628
whole rather than to individual lots. 629
(c) This subsection does not affect the validity or 630
enforceability of private covenants or other contractual 631
agreements relating to building design elements. 632
Section 5. Paragraph (a) of subsection (2) of section 633
189.08, Florida Statutes, is amended to read: 634
189.08 Special district public facilities report. — 635
(2) Each independent special district shall submit to each 636
local general-purpose government in which it is located a public 637
facilities report and an annual notice of any changes. The 638
public facilities repor t shall specify the following 639
information: 640
(a) A description of existing public facilities owned or 641
operated by the special district, and each public facility that 642
is operated by another entity, except a local general -purpose 643
government, through a lease or other agreement with the special 644
district. This description shall include the current capacity of 645
the facility, the current demands placed upon it, and its 646
location. This information shall be required in the initial 647
report and updated every 7 years at l east 12 months before the 648
submission date of the evaluation and appraisal notification 649
letter of the appropriate local government required by s. 650
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163.3191. The department shall post a schedule on its website, 651
based on the evaluation and appraisal notificati on schedule 652
prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a 653
special district to determine when its public facilities report 654
and updates to that report are due to the local general -purpose 655
governments in which the special district is locate d. 656
Section 6. Subsection (29) of section 479.01, Florida 657
Statutes, is amended to read: 658
479.01 Definitions. —As used in this chapter, the term: 659
(29) "Zoning category" means the designation under the 660
land development regulations or other similar ordin ance enacted 661
to regulate the use of land as provided in s. 163.3202(2) s. 662
163.3202(2)(b), which designation sets forth the allowable uses, 663
restrictions, and limitations on use applicable to properties 664
within the category. 665
Section 7. This act shall take effect July 1, 2023. 666