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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
163.31801, F.S.; providing that certain holders of 23
transportation or road impact fee credits are entitled 24
to the full benefit of the density or intensity 25
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prepaid by the credit balance; amending s. 163.3191, 26
F.S.; revising the frequency at which a local 27
government must evaluate its comprehensive plan for 28
specified purposes; requiring, rather than 29
authorizing, a local government to comprehensively 30
evaluate and update its comprehensive plans to reflect 31
changes in local conditions; requiring a local 32
government to submit an affidavit for specified 33
purposes; prohibiting a local government from publicly 34
initiating or adopting plan amendments to its 35
comprehensive plan when it fails to meet certain 36
requirements; requiring the state land planning agency 37
to provide certain information when a local government 38
fails to update its comprehensive plan; providing 39
procedures if an update is found to not be in 40
compliance or if the update is challenged by a third 41
party; amending s. 1 63.3202, F.S.; revising content 42
requirements for local land development regulations; 43
revising exceptions to applicability of land 44
development regulations relating to single -family or 45
two-family dwelling building design elements; deleting 46
a definition; creating s. 163.32021, F.S.; providing 47
an affordable housing approval process; providing for 48
the expansion of an existing development of housing 49
that contains affordable dwelling units if certain 50
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requirements are met; providing for the issuance of a 51
development order approving an application for such 52
expansion; requiring such order to be issued in 53
accordance with chapter 120; prohibiting such order 54
from requiring further action by the governing body of 55
a local government if certain requirements are met; 56
prohibiting the issuance of an order approving a 57
proposed development in certain instances; providing 58
that an order issued is deemed in compliance with the 59
local government's comprehensive plan; prohibiting 60
local governments from imposing certain restrictions 61
upon the issuance of a development order; requiring 62
developments approved under the process to comply with 63
certain laws and regulations; providing construction; 64
amending s. 163.3208, F.S.; revising the definition of 65
the term "distribution electric substation" ; revising 66
the substation approval process to include 67
applications for changes to existing electric 68
substations; amending s. 189.031, F.S.; precluding an 69
independent special district from complying with the 70
terms of certain development agreements under cer tain 71
circumstances; providing applicability; providing for 72
future legislative review and repeal of specified 73
provisions; amending ss. 189.08 and 479.01, F.S.; 74
conforming cross-references; providing effective 75
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dates. 76
77
Be It Enacted by the Legislature of the State of Florida: 78
79
Section 1. Paragraph (h) of subsection (18) of section 80
70.51, Florida Statutes, is redesignated as paragraph (i), 81
paragraph (a) of subsection (17), paragraph (a) of subsection 82
(21), and subsection (25) are amended, and a new para graph (h) 83
is added to subsection (18) of that section, to read: 84
70.51 Land use and environmental dispute resolution. — 85
(17) In all respects, the hearing must be informal and 86
open to the public and does not require the use of an attorney. 87
The hearing must operate at the direction and under the 88
supervision of the special magistrate. The object of the hearing 89
is to focus attention on the impact of the governmental action 90
giving rise to the request for relief and to explore 91
alternatives to the development or der or enforcement action and 92
other regulatory efforts by the governmental entities in order 93
to recommend relief, when appropriate, to the owner. 94
(a) The first responsibility of the special magistrate is 95
to facilitate a resolution of the conflict between the owner and 96
governmental entities to the end that some modification of the 97
owner's proposed use of the property or adjustment in the 98
development order or enforcement action or regulatory efforts by 99
one or more of the governmental parties may be reached. 100
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Accordingly, the special magistrate shall act as a facilitator 101
or mediator between the parties in an effort to effect a 102
mutually acceptable solution. The parties shall be represented 103
at the mediation by persons with authority to bind their 104
respective parties to a solution, or by persons with authority 105
to recommend a solution directly to the persons with authority 106
to bind their respective parties to a solution. A negotiated 107
settlement may include, but is not limited to, one or more of 108
the following types of relief or other extraordinary relief 109
deemed appropriate by the parties: 110
1. An adjustment of land development or permit standards 111
or other provisions controlling the development or use of land 112
for the property subject to the dispute or other property own ed 113
or controlled by the parties to the settlement. 114
2. Increases or modifications in the density, intensity, 115
or use of areas of development. 116
3. The transfer of development rights. 117
4. Land swaps or exchanges. 118
5. Mitigation relief, including payments in lieu of onsite 119
mitigation. 120
6. Location on the least sensitive portion of the 121
property. 122
7. Conditioning the amount of development or use 123
permitted. 124
8. A requirement that issues be addressed on a more 125
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comprehensive basis than a single proposed use o r development. 126
9. Issuance of the development order, a variance, a 127
special exception, or other extraordinary relief, including 128
withdrawal of the enforcement action. 129
10. Purchase of the real property, or an interest therein, 130
by an appropriate governmental entity or payment of 131
compensation. 132
(18) The circumstances to be examined in determining 133
whether the development order or enforcement action, or the 134
development order or enforcement action in conjunction with 135
regulatory efforts of other gover nmental parties, is 136
unreasonable or unfairly burdens use of the property may 137
include, but are not limited to: 138
(h) The public interest served by the local comprehensive 139
plan provisions that are inconsistent with the proposed relief 140
granted by the special magistrate's recommendation. 141
(21) Within 45 days after receipt of the special 142
magistrate's recommendation, the governmental entity responsible 143
for the development order or enforcement action and other 144
governmental entities participating in the proceeding must 145
consult among themselves and each governmental entity must: 146
(a) Accept the recommendation of the special magistrate as 147
submitted and proceed to implement it by development agreement, 148
when appropriate, or by other method, in the ordinary course and 149
consistent with the rules and procedures of that governmental 150
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entity. However, the decision of the governmental entity to 151
accept the recommendation of the special magistrate with respect 152
to granting a rezoning, modification, variance, or special 153
exception to the application of statutes, rules, regulations, 154
comprehensive plans, or ordinances as they would otherwise apply 155
to the subject property does not require an owner to duplicate 156
previous processes in which the owner has participated in order 157
to effectuate the granting of the modification, variance, or 158
special exception. Any recommendation of the special magistrate 159
with respect to granting a rezoning of property is not 160
considered contract zoning ; 161
(25) Regardless of the action the governmental entity 162
takes on the special magistrate's recommendation, a 163
recommendation that the development order or enforcement action, 164
or the development order or enforcement action in combination 165
with other governmental regulatory actions, is unreasonable or 166
unfairly burdens use of the owner's real property may serve as 167
an indication of sufficient hardship to support a rezoning, 168
modification, variance variances, or special exception 169
exceptions to the application of statutes, rules, regulations, 170
or ordinances to the subject prop erty. If the relief granted 171
within the special magistrate's recommendation or a negotiated 172
settlement entered into under this section has the effect of 173
contravening local comprehensive plans or is inconsistent with 174
the local government's adopted comprehens ive plan, the 175
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recommendation or approved negotiated settlement shall be deemed 176
consistent with the comprehensive plan under s. 163.3194 if the 177
special magistrate or the governing body of the local government 178
finds that the settlement agreement and approved development 179
protects the public interest served by the comprehensive plan 180
provisions with which the development conflicts. 181
Section 2. Paragraph (f) of subsection (1), subsection 182
(2), paragraph (a) of subsection (5), and paragraph (a) of 183
subsection (6) of section 163.3177, Florida Statutes, are 184
amended to read: 185
163.3177 Required and optional elements of comprehensive 186
plan; studies and surveys. — 187
(1) The comprehensive plan shall provide the principles, 188
guidelines, standards, and strategies for the ord erly and 189
balanced future economic, social, physical, environmental, and 190
fiscal development of the area that reflects community 191
commitments to implement the plan and its elements. These 192
principles and strategies shall guide future decisions in a 193
consistent manner and shall contain programs and activities to 194
ensure comprehensive plans are implemented. The sections of the 195
comprehensive plan containing the principles and strategies, 196
generally provided as goals, objectives, and policies, shall 197
describe how the local government's programs, activities, and 198
land development regulations will be initiated, modified, or 199
continued to implement the comprehensive plan in a consistent 200
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manner. It is not the intent of this part to require the 201
inclusion of implementing regula tions in the comprehensive plan 202
but rather to require identification of those programs, 203
activities, and land development regulations that will be part 204
of the strategy for implementing the comprehensive plan and the 205
principles that describe how the programs , activities, and land 206
development regulations will be carried out. The plan shall 207
establish meaningful and predictable standards for the use and 208
development of land and provide meaningful guidelines for the 209
content of more detailed land development and us e regulations. 210
(f) All required mandatory and optional elements of the 211
comprehensive plan and plan amendments must shall be based upon 212
relevant and appropriate data and an analysis by the local 213
government that may include, but not be limited to, surveys, 214
studies, community goals and vision, and other data available at 215
the time of adoption of the comprehensive plan or plan 216
amendment. To be based on data means to react to it in an 217
appropriate way and to the extent necessary indicated by the 218
data available on that particular subject at the time of 219
adoption of the plan or plan amendment at issue. 220
1. Surveys, studies, and data utilized in the preparation 221
of the comprehensive plan may not be deemed a part of the 222
comprehensive plan unless adopted as a part of it. Copies of 223
such studies, surveys, data, and supporting documents for 224
proposed plans and plan amendments must shall be made available 225
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for public inspection, and copies of such plans must shall be 226
made available to the public upon payment of reasonable ch arges 227
for reproduction. Support data or summaries shall be are not 228
subject to the compliance review process ., but The comprehensive 229
plan, the support data, and the summaries must be clearly based 230
on current appropriate data and analysis, which is relevant to 231
and correlates to the proposed amendment . Support data or 232
summaries may be used to aid in the determination of compliance 233
and consistency. 234
2. Data must be taken from professionally accepted 235
sources. The application of a methodology utilized in data 236
collection or whether a particular methodology is professionally 237
accepted may be evaluated. However, the evaluation may not 238
include whether one accepted methodology is better than another. 239
Original data collection by local governments is not required. 240
However, local governments may use original data so long as 241
methodologies are professionally accepted. 242
3. The comprehensive plan must shall be based upon 243
permanent and seasonal population estimates and projections, 244
which must shall either be those published by the Office of 245
Economic and Demographic Research or generated by the local 246
government based upon a professionally acceptable methodology , 247
whichever is greater . The plan must be based on at least the 248
minimum amount of land required to accommodate the medium 249
projections as published by the Office of Economic and 250
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Demographic Research for at least a 10 -year planning period 251
unless otherwise limited under s. 380.05, including related 252
rules of the Administration Commission. Absent physical 253
limitations on populatio n growth, population projections for 254
each municipality, and the unincorporated area within a county 255
must, at a minimum, be reflective of each area's proportional 256
share of the total county population and the total county 257
population growth. 258
(2) Coordination of the required and optional several 259
elements of the local comprehensive plan must shall be a major 260
objective of the planning process. The required and optional 261
several elements of the comprehensive plan must shall be 262
consistent. Optional elements of the comprehensive plan may not 263
contain policies that restrict the density or intensity 264
established in the future land use element. Where data is 265
relevant to required and optional several elements, consistent 266
data must shall be used, including population estim ates and 267
projections unless alternative data can be justified for a plan 268
amendment through new supporting data and analysis . Each map 269
depicting future conditions must reflect the principles, 270
guidelines, and standards within all elements, and each such map 271
must be contained within the comprehensive plan. 272
(5)(a) Each local government comprehensive plan must 273
include at least two planning periods, one covering at least the 274
first 10-year 5-year period occurring after the plan's adoption 275
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and one covering at lea st a 20-year 10-year period. Additional 276
planning periods for specific components, elements, land use 277
amendments, or projects shall be permissible and accepted as 278
part of the planning process. 279
(6) In addition to the requirements of subsections (1) -280
(5), the comprehensive plan shall include the following 281
elements: 282
(a) A future land use plan element designating proposed 283
future general distribution, location, and extent of the uses of 284
land for residential uses, commercial uses, industry, 285
agriculture, recreat ion, conservation, education, public 286
facilities, and other categories of the public and private uses 287
of land. The approximate acreage and the general range of 288
density or intensity of use must shall be provided for the gross 289
land area included in each exist ing land use category. The 290
element must shall establish the long-term end toward which land 291
use programs and activities are ultimately directed. 292
1. Each future land use category must be defined in terms 293
of uses included, and must include standards to be followed in 294
the control and distribution of population densities and 295
building and structure intensities. The proposed distribution, 296
location, and extent of the various categories of land use must 297
shall be shown on a land use map or map series which is shall be 298
supplemented by goals, policies, and measurable objectives. 299
2. The future land use plan and plan amendments must shall 300
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be based upon surveys, studies, and data regarding the area, as 301
applicable, including: 302
a. The amount of land required to accommo date anticipated 303
growth, including the amount of land necessary to accommodate 304
single-family, two-family, and fee simple townhome development . 305
b. The projected permanent and seasonal population of the 306
area. 307
c. The character of undeveloped land. 308
d. The availability of water supplies, public facilities, 309
and services. 310
e. The amount of land located outside the urban service 311
area, excluding lands designated for conservation, preservation, 312
or other public use. 313
f.e. The need for redevelopment, including the renewal of 314
blighted areas and the elimination of nonconforming uses which 315
are inconsistent with the character of the community. 316
g.f. The compatibility of uses on lands adjacent to or 317
closely proximate to military installations. 318
h.g. The compatibility of uses on lands adjacent to an 319
airport as defined in s. 330.35 and consistent with s. 333.02. 320
i.h. The discouragement of urban sprawl. 321
j.i. The need for job creation, capital investment, and 322
economic development that will strengthen and diversify the 323
community's economy. 324
k.j. The need to modify land uses and development patterns 325
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within antiquated subdivisions. 326
3. The future land use plan element must shall include 327
criteria to be used to: 328
a. Achieve the compatibility of lands adjacent or closely 329
proximate to military installations, considering factors 330
identified in s. 163.3175(5). 331
b. Achieve the compatibility of lands adjacent to an 332
airport as defined in s. 330.35 and consistent with s. 333.02. 333
c. Encourage preservation of recreational and commercial 334
working waterfronts for water -dependent uses in coastal 335
communities. 336
d. Encourage the location of schools proximate to urban 337
service residential areas to the extent possible and encourage 338
the location of schools in all areas if necessary to provide 339
adequate school capacity to serve residential development . 340
e. Coordinate future land uses with the topography and 341
soil conditions, and the availability of facilities and 342
services. 343
f. Ensure the protection of natural and historic 344
resources. 345
g. Provide for the compatibility of adjacent land uses. 346
h. Provide guidelines for the implementation of mixed -use 347
development including the types of uses allowed, the percentage 348
distribution among the mix of uses, or other standards, and the 349
density and intensity of each use. 350
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4. The amount of land designated for future planned uses 351
must shall provide a balance of uses that foster vibrant, viable 352
communities and economic development opportunities and address 353
outdated development patterns, such as antiquated subdivisions. 354
The amount of land designated for future land uses should allow 355
the operation of real estate markets to provide adequate choices 356
for permanent and seasonal residents and business and may not be 357
limited solely by the projected population. The element must 358
shall accommodate at least the minimum amount of land required 359
to accommodate the medium projections as published by the Office 360
of Economic and Demographic Research for at least a 10 -year 361
planning period unless otherwise limited under s. 380.05, 362
including related rules of the Administration Commission. 363
5. The future land use plan of a county may designate 364
areas for possible future muni cipal incorporation. 365
6. The land use maps or map series must shall generally 366
identify and depict historic district boundaries and must shall 367
designate historically significant properties meriting 368
protection. 369
7. The future land use element must clearly identify the 370
land use categories in which public schools are an allowable 371
use. When delineating the land use categories in which public 372
schools are an allowable use, a local government shall include 373
in the categories sufficient land proximate to residentia l 374
development to meet the projected needs for schools in 375
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coordination with public school boards and may establish 376
differing criteria for schools of different type or size. Each 377
local government shall include lands contiguous to existing 378
school sites, to the maximum extent possible, within the land 379
use categories in which public schools are an allowable use. 380
8. Future land use map amendments must shall be based upon 381
the following analyses: 382
a. An analysis of the availability of facilities and 383
services. 384
b. An analysis of the suitability of the plan amendment 385
for its proposed use considering the character of the 386
undeveloped land, soils, topography, natural resources, and 387
historic resources on site. 388
c. An analysis of the minimum amount of land needed to 389
achieve the goals and requirements of this section. 390
9. The future land use element must and any amendment to 391
the future land use element shall discourage the proliferation 392
of urban sprawl by planning for future development as provided 393
in this section. 394
a. The primary indicators that a plan or plan amendment 395
does not discourage the proliferation of urban sprawl are listed 396
below. The evaluation of the presence of these indicators shall 397
consist of an analysis of the plan or plan amendment within the 398
context of features and characteristics unique to each locality 399
in order to determine whether the plan or plan amendment: 400
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(I) Promotes, allows, or designates for development 401
substantial areas of the jurisdiction to develop as low -402
intensity, low-density, or single-use development or uses. 403
(II) Promotes, allows, or designates significant amounts 404
of urban development to occur in rural areas at substantial 405
distances from existing urban areas while not using undeveloped 406
lands that are available and suitable for deve lopment. 407
(III) Promotes, allows, or designates urban development in 408
radial, strip, isolated, or ribbon patterns generally emanating 409
from existing urban developments. 410
(IV) Fails to adequately protect and conserve natural 411
resources, such as wetlands, flo odplains, native vegetation, 412
environmentally sensitive areas, natural groundwater aquifer 413
recharge areas, lakes, rivers, shorelines, beaches, bays, 414
estuarine systems, and other significant natural systems. 415
(V) Fails to adequately protect adjacent agricul tural 416
areas and activities, including silviculture, active 417
agricultural and silvicultural activities, passive agricultural 418
activities, and dormant, unique, and prime farmlands and soils. 419
(VI) Fails to maximize use of existing public facilities 420
and services. 421
(VII) Fails to maximize use of future public facilities 422
and services. 423
(VIII) Allows for land use patterns or timing which 424
disproportionately increase the cost in time, money, and energy 425
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of providing and maintaining facilities and services, includin g 426
roads, potable water, sanitary sewer, stormwater management, law 427
enforcement, education, health care, fire and emergency 428
response, and general government. 429
(IX) Fails to provide a clear separation between rural and 430
urban uses. 431
(X) Discourages or inhibits infill development or the 432
redevelopment of existing neighborhoods and communities. 433
(XI) Fails to encourage a functional mix of uses. 434
(XII) Results in poor accessibility among linked or 435
related land uses. 436
(XIII) Results in the loss of signifi cant amounts of 437
functional open space. 438
b. The future land use element or plan amendment shall be 439
determined to discourage the proliferation of urban sprawl if it 440
incorporates a development pattern or urban form that achieves 441
four or more of the following : 442
(I) Directs or locates economic growth and associated land 443
development to geographic areas of the community in a manner 444
that does not have an adverse impact on and protects natural 445
resources and ecosystems. 446
(II) Promotes the efficient and cost -effective provision 447
or extension of public infrastructure and services. 448
(III) Promotes walkable and connected communities and 449
provides for compact development and a mix of uses at densities 450
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and intensities that will support a range of housing choices and 451
a multimodal transportation system, including pedestrian, 452
bicycle, and transit, if available. 453
(IV) Promotes conservation of water and energy. 454
(V) Preserves agricultural areas and activities, including 455
silviculture, and dormant, unique, and prime farmlands a nd 456
soils. 457
(VI) Preserves open space and natural lands and provides 458
for public open space and recreation needs. 459
(VII) Creates a balance of land uses based upon demands of 460
the residential population for the nonresidential needs of an 461
area. 462
(VIII) Provides uses, densities, and intensities of use 463
and urban form that would remediate an existing or planned 464
development pattern in the vicinity that constitutes sprawl or 465
if it provides for an innovative development pattern such as 466
transit-oriented developments or new towns as defined in s. 467
163.3164. 468
10. The future land use element must shall include a 469
future land use map or map series. 470
a. The proposed distribution, extent, and location of the 471
following uses must shall be shown on the future land use map or 472
map series: 473
(I) Residential. 474
(II) Commercial. 475
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(III) Industrial. 476
(IV) Agricultural. 477
(V) Recreational. 478
(VI) Conservation. 479
(VII) Educational. 480
(VIII) Public. 481
b. The following areas must shall also be shown on the 482
future land use map or map se ries, if applicable: 483
(I) Historic district boundaries and designated 484
historically significant properties. 485
(II) Transportation concurrency management area boundaries 486
or transportation concurrency exception area boundaries. 487
(III) Multimodal transportat ion district boundaries. 488
(IV) Mixed-use categories. 489
c. The following natural resources or conditions must 490
shall be shown on the future land use map or map series, if 491
applicable: 492
(I) Existing and planned public potable waterwells, cones 493
of influence, and wellhead protection areas. 494
(II) Beaches and shores, including estuarine systems. 495
(III) Rivers, bays, lakes, floodplains, and harbors. 496
(IV) Wetlands. 497
(V) Minerals and soils. 498
(VI) Coastal high hazard areas. 499
Section 3. Subsection (7) of sect ion 163.31801, Florida 500
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Statutes, is amended to read: 501
163.31801 Impact fees; short title; intent; minimum 502
requirements; audits; challenges. — 503
(7) If an impact fee is increased, the holder of any 504
impact fee credits, whether such credits are granted under s. 505
163.3180, s. 380.06, or otherwise, which were in existence 506
before the increase, is entitled to the full benefit of the 507
intensity or density prepaid by the credit balance as of the 508
date it was first established. If a local government adopts an 509
alternative mobility funding system under s. 163.3180(5)(i), the 510
holder of any transportation or road impact fee credits granted 511
under s. 163.3180, s. 380.06, or otherwise, which were in 512
existence before the adoption of the alternative mobility 513
funding system, is en titled to the full benefit of the density 514
or intensity prepaid by the credit balance as of the date the 515
impact fee was first established. 516
Section 4. Section 163.3191, Florida Statutes, is amended 517
to read: 518
163.3191 Evaluation and appraisal of comprehe nsive plan.— 519
(1) At least once every 7 years, each local government 520
shall evaluate its comprehensive plan to determine if plan 521
amendments are necessary to reflect a minimum planning period of 522
at least 10 years as provided in s. 163.3177(5), or to reflect 523
changes in state requirements in this part since the last update 524
of the comprehensive plan, and notify the state land planning 525
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agency as to its determination. The notification shall include a 526
separate affidavit, signed by the chair of the governing body o f 527
the county and the mayor of the municipality, attesting that all 528
elements of its comprehensive plan comply with this subsection. 529
The affidavit must also include a certification that the adopted 530
comprehensive plan contains the minimum planning period of 1 0 531
years, as provided in s. 163.3177(5), and must cite the source 532
and date of the population projections used in establishing the 533
10-year planning period. 534
(2) If the local government determines amendments to its 535
comprehensive plan are necessary to reflect changes in state 536
requirements, the local government must shall prepare and 537
transmit within 1 year such plan amendment or amendments for 538
review pursuant to s. 163.3184. 539
(3) Local governments shall are encouraged to 540
comprehensively evaluate and, as necess ary, update comprehensive 541
plans to reflect changes in local conditions. Plan amendments 542
transmitted pursuant to this section must shall be reviewed 543
pursuant to s. 163.3184(4). Updates to the required and optional 544
elements of the comprehensive plan must be processed in the same 545
plan amendment cycle. 546
(4) If a local government fails to submit the its letter 547
and affidavit prescribed by subsection (1) or transmit the 548
update to its plan pursuant to subsection (3) within 1 year 549
after the date the letter was transmitted to the state land 550
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planning agency (2), it may not initiate or adopt any publicly 551
initiated plan amendments to amend its comprehensive plan until 552
such time as it complies with this section , unless otherwise 553
required by general law. This prohibition on plan amendments 554
does not apply to privately initiated plan amendments. The 555
failure of the local government to timely update its plan may 556
not be the basis for the denial of privately initiated 557
comprehensive plan amendments . 558
(5) If it is determined that a local government has failed 559
to update its comprehensive plan pursuant to this section, the 560
state land planning agency must provide the required population 561
projections that must be used by the local gov ernment to update 562
the comprehensive plan. The local government shall initiate an 563
update to its comprehensive plan within 3 months after the 564
receipt of the population projections and must transmit the 565
update within 12 months. If the state land planning agen cy does 566
not find the update to be in compliance, the agency must 567
establish the timeline to address such deficiencies, not to 568
exceed an additional 12 -month period. If the update is 569
challenged by a third party, the local government may seek 570
approval from the state land planning agency to process publicly 571
initiated plan amendments that are necessary to accommodate 572
population growth during the pendency of the litigation. During 573
the update process, the local government may provide alternative 574
population projections based on professionally accepted 575
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methodologies, but only if those population projections exceed 576
the population projections provided by the state land planning 577
agency and only if the update is completed within the time 578
period provided in this subsection . 579
(6)(5) The state land planning agency may not adopt rules 580
to implement this section, other than procedural rules or a 581
schedule indicating when local governments must comply with the 582
requirements of this section. 583
Section 5. Subsections (2) and (5) o f section 163.3202, 584
Florida Statutes, are amended to read: 585
163.3202 Land development regulations. — 586
(2) Local land development regulations shall contain 587
specific and detailed provisions necessary or desirable to 588
implement the adopted comprehensive plan and shall at a minimum: 589
(a) Regulate the subdivision of land. 590
(b) Establish minimum lot sizes within single -family, two-591
family, and fee simple, single -family townhouse zoning districts 592
to accommodate the maximum density authorized in the 593
comprehensive plan, net of the land area required to be set 594
aside for subdivision roads, sidewalks, stormwater ponds, open 595
space, landscape buffers, and any other mandatory land 596
development regulations that require land to be set aside that 597
could otherwise be used for t he development of single -family 598
homes, two-family homes, and fee simple, single -family 599
townhouses. 600
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(c) Establish infill development standards for single -601
family homes, two-family homes, and fee simple townhouse 602
dwelling units to allow for the administrati ve approval of 603
development of infill single -family homes, two-family homes, and 604
fee simple, single-family townhouses. 605
(d)(b) Regulate the use of land and water for those land 606
use categories included in the land use element and ensure the 607
compatibility of adjacent uses and provide for open space. 608
(e)(c) Provide for protection of potable water wellfields. 609
(f)(d) Regulate areas subject to seasonal and periodic 610
flooding and provide for drainage and stormwater management. 611
(g)(e) Ensure the protection of environmentally sensitive 612
lands designated in the comprehensive plan. 613
(h)(f) Regulate signage. 614
(i)(g) Provide that public facilities and services meet or 615
exceed the standards established in the capital improvements 616
element required by s. 163.3177 and are available when needed 617
for the development, or that development orders and permits are 618
conditioned on the availability of these public facilities and 619
services necessary to serve the proposed development. A local 620
government may not issue a development order or permit that 621
results in a reduction in the level of services for the affected 622
public facilities bel ow the level of services provided in the 623
local government's comprehensive plan. 624
(j)(h) Ensure safe and convenient onsite traffic flow, 625
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considering needed vehicle parking. 626
(k)(i) Maintain the existing density of residential 627
properties or recreational ve hicle parks if the properties are 628
intended for residential use and are located in the 629
unincorporated areas that have sufficient infrastructure, as 630
determined by a local governing authority, and are not located 631
within a coastal high -hazard area under s. 163 .3178. 632
(l)(j) Incorporate preexisting development orders 633
identified pursuant to s. 163.3167(3). 634
(5)(a) Land development regulations relating to building 635
design elements may not be applied to a single -family or two-636
family dwelling unless: 637
1. The dwelling is listed in the National Register of 638
Historic Places, as defined in s. 267.021(5); is located in a 639
National Register Historic District; or is designated as a 640
historic property or located in a historic district, under the 641
terms of a local preservation ordinance; 642
2. The regulations are adopted in order to implement the 643
National Flood Insurance Program; 644
3. The regulations are adopted pursuant to and in 645
compliance with chapter 553; 646
4. The dwelling is located in a community redevelopment 647
area, as defined in s. 163.340(10); 648
5. The regulations are required to ensure protection of 649
coastal wildlife in compliance with s. 161.052, s. 161.053, s. 650
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161.0531, s. 161.085, s. 161.163, or chapter 373; or 651
6. The dwelling is located in a planned unit development 652
or master planned community created pursuant to a local 653
ordinance, resolution, or other final action approved by the 654
local governing body; or 655
6.7. The dwelling is located within the jurisdiction of a 656
local government that has a design review board or arc hitectural 657
review board created before January 1, 2020 . 658
(b) For purposes of this subsection, the term : 659
1. "building design elements" means the external building 660
color; the type or style of exterior cladding material; the 661
style or material of roof struc tures or porches; the exterior 662
nonstructural architectural ornamentation; the location or 663
architectural styling of windows or doors; the location or 664
orientation of the garage; the number and type of rooms; and the 665
interior layout of rooms. The term does no t include the height, 666
bulk, orientation, or location of a dwelling on a zoning lot; or 667
the use of buffering or screening to minimize potential adverse 668
physical or visual impacts or to protect the privacy of 669
neighbors. 670
2. "Planned unit development" or "ma ster planned 671
community" means an area of land that is planned and developed 672
as a single entity or in approved stages with uses and 673
structures substantially related to the character of the entire 674
development, or a self -contained development in which the 675
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subdivision and zoning controls are applied to the project as a 676
whole rather than to individual lots. 677
(c) This subsection does not affect the validity or 678
enforceability of private covenants or other contractual 679
agreements relating to building design element s. 680
Section 6. Section 163.32021, Florida Statutes, is created 681
to read: 682
163.32021 Affordable housing approval process. - 683
(1) An applicant of a development order of an existing 684
development of housing that demonstrates at the time of 685
submission of his or her application that at least 25 percent of 686
the dwelling units are affordable, as defined in s. 420.0004, 687
may be granted approval to expand the development to adjacent 688
property in any future land use category if at least 25 percent 689
of the new dwelling u nits are affordable, as defined in s. 690
420.0004, at the time of the initial sale or lease. 691
(2)(a) A development order granting an application for a 692
proposed development under subsection (1) shall be issued in 693
accordance with the provisions of chapter 120 and applicable 694
rules and may not require further action by the governing body 695
of a local government if the new development is consistent with 696
the same land development standards, including, but not limited 697
to, lot size and setbacks, as the existing develop ment. A 698
development order issued under this subsection shall be deemed 699
consistent with the local government's land development 700
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regulations. 701
(b) Notwithstanding any other law, local ordinance, or 702
regulation to the contrary, an application submitted under 703
subsection (1) which requires a zoning or land use change or a 704
comprehensive plan amendment may not be approved. A development 705
order issued for a proposed development under this subsection 706
shall be deemed in compliance, as defined in s. 163.3184(1), 707
with the local government's comprehensive plan. 708
(3) Upon the issuance of a development order approving a 709
proposed development, the local government may not restrict: 710
(a) The density of the new development below the density 711
of the existing development. 712
(b) The height of the new development below the highest 713
currently allowed height in the existing development. 714
(4) Except as otherwise provided in this section, a 715
development approved under this section must comply with all 716
applicable state and local laws and regulations. 717
(5) The provisions of this section are self -executing and 718
do not require the governing body of a local government to adopt 719
an ordinance or a regulation before using the approval process 720
in this section. 721
Section 7. Section 163.3208, Florida Statutes, is amended 722
to read: 723
163.3208 Substation approval process. — 724
(1) It is the intent of the Legislature to maintain, 725
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encourage, and ensure adequate and reliable electric 726
infrastructure in the state. It is essential that electric 727
infrastructure be constructed and maintained in various 728
locations in order to ensure the efficient and reliable delivery 729
of electric service. Electric infrastructure should be 730
constructed, to the maximum extent practicable, to achieve 731
compatibility with adjacent and surrounding land uses, and the 732
criteria included in this section are intended to balance the 733
need for electricity with land use compatibility. 734
(2) The term "distribution electric substation" means an 735
electric substation, including accessory administration or 736
maintenance buildings and related accessory uses and structures, 737
which takes electricity from the transmission grid and converts 738
it to another voltage or a lower voltage so it can be 739
distributed to customers in the local area on the local 740
distribution grid through one or more distribution lines less 741
than 69 kilovolts in size . 742
(3) Electric substations are a critical component of 743
electric transmission and distribution. Except for substations 744
in s. 163.3205(2)(c), local governments may adop t and enforce 745
reasonable land development regulations for new and existing 746
distribution electric substations , addressing only setback, 747
landscaping, buffering, screening, lighting, and other aesthetic 748
compatibility-based standards. Vegetated buffers or scre ening 749
beneath aerial access points to the substation equipment shall 750
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not be required to have a mature height in excess of 14 feet. 751
(4) New and existing distribution electric substations 752
shall be a permitted use in all land use categories in the 753
applicable local government comprehensive plan and zoning 754
districts within a utility's service territory except those 755
designated as preservation, conservation, or historic 756
preservation on the future land use map or duly adopted 757
ordinance. If a local government has not adopted reasonable 758
standards for substation siting in accordance with subsection 759
(3), the following standards shall apply to new and existing 760
distribution electric substations: 761
(a) In nonresidential areas, the substation must comply 762
with the setback and landscaped buffer area criteria applicable 763
to other similar uses in that district, if any. 764
(b) Unless the local government approves a lesser setback 765
or landscape requirement, in residential areas, a setback of up 766
to 100 feet between the substation pr operty boundary and 767
permanent equipment structures shall be maintained as follows: 768
1. For setbacks between 100 feet and 50 feet, an open 769
green space shall be formed by installing native landscaping, 770
including trees and shrub material, consistent with the relevant 771
local government's land development regulations. Substation 772
equipment shall be protected by a security fence consistent with 773
the relevant local government's land development regulations. 774
2. For setbacks of less than 50 feet, a buffer wall 8 fee t 775
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high or a fence 8 feet high with native landscaping consistent 776
with the relevant local government's regulations shall be 777
installed around the substation. 778
(5) If the application for a proposed distribution 779
electric substation or for changes to an existi ng electric 780
substation demonstrates that the substation design is consistent 781
with the local government's applicable setback, landscaping, 782
buffering, screening, and other aesthetic compatibility -based 783
standards, the application for development approval for or 784
changes to the substation shall be approved. 785
(6)(a) This paragraph applies may apply to the proposed 786
placement or construction of a new distribution electric 787
substation within a residential area. Before Prior to submitting 788
an application for the locat ion of a new distribution electric 789
substation in residential areas, the utility shall consult with 790
the local government regarding the selection of a site. The 791
utility shall provide information regarding the utility's 792
preferred site and as many as three alt ernative available sites, 793
including sites within nonresidential areas, that are 794
technically and electrically reasonable for the load to be 795
served, if the local government deems that the siting of a new 796
distribution electric substation warrants this additio nal review 797
and consideration. The final determination on the site 798
application as to the preferred and alternative sites shall be 799
made solely by the local government within 90 days of 800
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presentation of all the necessary and required information on 801
the preferred site and on the alternative sites. In the event 802
the utility and the local government are unable to reach 803
agreement on an appropriate location, the substation site 804
selection shall be submitted to mediation conducted pursuant to 805
ss. 44.401-44.406, unless otherwise agreed to in writing by the 806
parties, and the mediation shall be concluded within 30 days 807
unless extended by written agreement of the parties. The 90 -day 808
time period for the local government to render a final decision 809
on the site application is to lled from the date a notice of 810
intent to mediate the site selection issue is served on the 811
utility or local government, until the mediation is concluded, 812
terminated, or an impasse is declared. The local government and 813
utility may agree to waive or extend t his 90-day time period. 814
Upon rendition of a final decision of the local government, a 815
person may pursue available legal remedies in accordance with 816
law, and the matter shall be considered on an expedited basis. 817
(b) A local government's land development a nd construction 818
regulations for new distribution electric substations or for 819
changes to existing electric substations and the local 820
government's review of an application for the placement or 821
construction of a new distribution electric substation or for 822
changes to an existing electric substation shall only address 823
land development, zoning, or aesthetic compatibility -based 824
issues. In such local government regulations or review, a local 825
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government may not require information or evaluate a utility's 826
business decisions about its service, customer demand for its 827
service, or quality of its service to or from a particular area 828
or site, unless the utility voluntarily offers this information 829
to the local government. 830
(7) Substation siting standards adopted after the 831
effective date of this act does shall not apply to applications 832
for new distribution electric substations or for changes to 833
existing electric substations which substation applications that 834
were submitted before prior to the notice of the local 835
government's adoption hearing. 836
(8)(a) If a local government has adopted standards for the 837
siting of new distribution electric substations or for changes 838
to existing electric substations within any of the local 839
government's land use categories or zoning districts, th e local 840
government shall grant or deny a properly completed application 841
for a permit to locate a new electric substation or change an 842
existing distribution electric substation within the land use 843
category or zoning district within 90 days after the date th e 844
properly completed application is declared complete in 845
accordance with the applicable local government application 846
procedures. If the local government fails to approve or deny a 847
properly completed application for a new distribution electric 848
substation or for changes to an existing electric substation 849
within the timeframes set forth, the application is shall be 850
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deemed automatically approved, and the applicant may proceed 851
with construction consistent with its application without 852
interference or penalty. Issuance of such local permit does not 853
relieve the applicant from complying with applicable federal or 854
state laws or regulations and other applicable local land 855
development or building regulations, if any. 856
(b) The local government shall notify the permit applicant 857
within 30 days after the date the application is submitted as to 858
whether the application is, for administra tive purposes only, 859
properly completed and has been properly submitted. Further 860
completeness determinations shall be provided within 15 days 861
after the receipt of additional information. However, such 862
determination is not shall not be not deemed an approval of the 863
application. 864
(c) To be effective, a waiver of the timeframes set forth 865
in this subsection must be voluntarily agreed to by the utility 866
applicant and the local government. A local government may 867
request, but not require, a waiver of the timeframes by the 868
applicant, except that, with respect to a specific application, 869
a one-time waiver may be required in the case of a declared 870
local, state, or federal emergency that directly affects the 871
administration of all permitting activities of the local 872
government. 873
(d) The local government may establish reasonable 874
timeframes within which the required information to cure the 875
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application deficiency is to be provided, or the application 876
will be considered withdrawn or closed. 877
Section 8. Effective upon becomi ng a law, subsection (7) 878
is added to section 189.031, Florida Statutes, to read: 879
189.031 Legislative intent for the creation of independent 880
special districts; special act prohibitions; model elements and 881
other requirements; local general -purpose government/Governor 882
and Cabinet creation authorizations. — 883
(7) REVIEW OF DEVELOPMENT AGREEMENTS. —An independent 884
special district is precluded from complying with the terms of 885
any development agreement, and any other agreement for which the 886
development agreement s erves in whole or part as consideration, 887
executed within 3 months before the effective date of a law 888
modifying the manner of selecting members of the governing body 889
of the independent special district from election to appointment 890
or from appointment to ele ction. The newly elected or appointed 891
governing body of the independent special district shall review 892
within 4 months after taking office any development agreement 893
and any other agreement for which the development agreement 894
serves in whole or part as consi deration and, after such review, 895
shall vote on whether to seek readoption of such agreement. This 896
subsection shall apply to any development agreement that is in 897
effect on, or is executed after, the effective date of this 898
section. This subsection expires Ju ly 1, 2028, unless reviewed 899
and saved from repeal through reenactment by the Legislature. 900
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Section 9. Paragraph (a) of subsection (2) of section 901
189.08, Florida Statutes, is amended to read: 902
189.08 Special district public facilities report. — 903
(2) Each independent special district shall submit to each 904
local general-purpose government in which it is located a public 905
facilities report and an annual notice of any changes. The 906
public facilities report shall specify the following 907
information: 908
(a) A description of existing public facilities owned or 909
operated by the special district, and each public facility that 910
is operated by another entity, except a local general -purpose 911
government, through a lease or other agreement with the special 912
district. This descri ption shall include the current capacity of 913
the facility, the current demands placed upon it, and its 914
location. This information shall be required in the initial 915
report and updated every 7 years at least 12 months before the 916
submission date of the evaluati on and appraisal notification 917
letter of the appropriate local government required by s. 918
163.3191. The department shall post a schedule on its website, 919
based on the evaluation and appraisal notification schedule 920
prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a 921
special district to determine when its public facilities report 922
and updates to that report are due to the local general -purpose 923
governments in which the special district is located. 924
Section 10. Subsection (29) of section 479.01, Flo rida 925
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Statutes, is amended to read: 926
479.01 Definitions. —As used in this chapter, the term: 927
(29) "Zoning category" means the designation under the 928
land development regulations or other similar ordinance enacted 929
to regulate the use of land as provided in s. 163.3202(2) s. 930
163.3202(2)(b), which designation sets forth the allowable uses, 931
restrictions, and limitations on use applicable to properties 932
within the category. 933
Section 11. Except as otherwise expressly provided in this 934
act, and except for this se ction which shall take effect upon 935
becoming a law, this act shall take effect July 1, 2023. 936