Florida 2023 2023 Regular Session

Florida Senate Bill S1604 Introduced / Bill

Filed 03/03/2023

 Florida Senate - 2023 SB 1604  By Senator Ingoglia 11-00357C-23 20231604__ 1 A bill to be entitled 2 An act relating to land use and development 3 regulations; amending s. 163.3164, F.S.; revising 4 definitions; amending s. 163.3177, F.S.; revising the 5 types of data that comprehensive plans and plan 6 amendments must be based on; revising provisions 7 related to coordination of local comprehensive plan 8 elements; prohibiting optional elements of the 9 comprehensive plan from containing certain policies; 10 revising the planning periods that must be included in 11 a comprehensive plan; revising the elements that must 12 be included in a comprehensive plan; amending s. 13 163.3191, F.S.; requiring local governments to 14 determine if plan amendments are necessary to reflect 15 a certain minimum planning period; specifying 16 requirements for a certain notification; requiring, 17 rather than encouraging, a local government to 18 comprehensively evaluate and update its comprehensive 19 plan to reflect changes in local conditions; 20 specifying the requirements for updating the required 21 and optional elements of the comprehensive plan; 22 prohibiting a local government from initiating or 23 adopting publicly initiated plan amendments to its 24 comprehensive plan when it fails to meet certain 25 requirements; providing applicability; providing that 26 a failure of a local government to update its 27 comprehensive plan must not be the basis for a certain 28 denial of plan amendments; requiring the state land 29 planning agency to provide population projections when 30 a local government fails to update its comprehensive 31 plan; requiring the local government to update its 32 comprehensive plan within a certain timeframe after 33 receiving the population projections; authorizing the 34 local government to provide certain alternative 35 population projections under certain circumstances; 36 amending s. 163.3202, F.S.; revising requirements for 37 local land development regulations; prohibiting 38 certain levels of service from being the basis for the 39 denial of a development order or permit; revising 40 exceptions to applicability of land development 41 regulations relating to single-family or two-family 42 dwelling building design elements; deleting the 43 definition of planned unit development or master 44 planned community; amending s. 163.3246, F.S.; 45 revising criteria to evaluate the effectiveness of a 46 certain certification process; amending s. 189.08, 47 F.S.; conforming a cross-reference; amending s. 48 479.01, F.S.; conforming a provision to changes made 49 by the act; providing an effective date. 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1.Subsections (12), (22), (51), and (52) of 54 section 163.3164, Florida Statutes, are amended to read: 55 163.3164Community Planning Act; definitions.As used in 56 this act: 57 (12)Density means an objective measurement of the number 58 of people or residential units allowed per unit of land, such as 59 dwelling units residents or employees per acre. 60 (22)Intensity means an objective measurement of the 61 extent to which land may be developed or used expressed in 62 square feet per unit of land, such as a maximum floor ratio per 63 acre, including the consumption or use of the space above, on, 64 or below ground; the measurement of the use of or demand on 65 natural resources; and the measurement of the use of or demand 66 on facilities and services. 67 (51)Urban service area means areas identified in the 68 comprehensive plan where public facilities and services, 69 including, but not limited to, central water and sewer capacity 70 and roads, are already in place or may be expanded through 71 investment by the local government or the private sector; and 72 all lands located in any county or municipality designated as a 73 dense urban land area as described in s. 380.0651(3)(a) are 74 identified in the capital improvements element. The term 75 includes any areas identified in the comprehensive plan as urban 76 service areas, regardless of local government limitation. 77 (52)Urban sprawl means an unplanned and uncontrolled a 78 development pattern characterized by low density, automobile 79 dependent development with either a single use or multiple uses 80 that are not functionally related, requiring the extension of 81 public facilities and services in an inefficient manner, and 82 failing to provide a clear separation between urban and rural 83 uses. 84 Section 2.Paragraph (f) of subsection (1), subsection (2), 85 paragraph (a) of subsection (5), and paragraph (a) of subsection 86 (6) of section 163.3177, Florida Statutes, are amended to read: 87 163.3177Required and optional elements of comprehensive 88 plan; studies and surveys. 89 (1)The comprehensive plan shall provide the principles, 90 guidelines, standards, and strategies for the orderly and 91 balanced future economic, social, physical, environmental, and 92 fiscal development of the area that reflects community 93 commitments to implement the plan and its elements. These 94 principles and strategies shall guide future decisions in a 95 consistent manner and shall contain programs and activities to 96 ensure comprehensive plans are implemented. The sections of the 97 comprehensive plan containing the principles and strategies, 98 generally provided as goals, objectives, and policies, shall 99 describe how the local governments programs, activities, and 100 land development regulations will be initiated, modified, or 101 continued to implement the comprehensive plan in a consistent 102 manner. It is not the intent of this part to require the 103 inclusion of implementing regulations in the comprehensive plan 104 but rather to require identification of those programs, 105 activities, and land development regulations that will be part 106 of the strategy for implementing the comprehensive plan and the 107 principles that describe how the programs, activities, and land 108 development regulations will be carried out. The plan shall 109 establish meaningful and predictable standards for the use and 110 development of land and provide meaningful guidelines for the 111 content of more detailed land development and use regulations. 112 (f)All required mandatory and optional elements of the 113 comprehensive plan and plan amendments must shall be based upon 114 relevant and appropriate data and an analysis by the local 115 government that may include, but not be limited to, surveys, 116 studies, community goals and vision, and other data available at 117 the time of adoption of the comprehensive plan or plan 118 amendment. To be based on data means to react to it in an 119 appropriate way and to the extent necessary indicated by the 120 data available on that particular subject at the time of 121 adoption of the plan or plan amendment at issue. 122 1.Surveys, studies, and data utilized in the preparation 123 of the comprehensive plan may not be deemed a part of the 124 comprehensive plan unless adopted as a part of it. Copies of 125 such studies, surveys, data, and supporting documents for 126 proposed plans and plan amendments must shall be made available 127 for public inspection, and copies of such plans must shall be 128 made available to the public upon payment of reasonable charges 129 for reproduction. Support data or summaries shall be are not 130 subject to the compliance review process, but the comprehensive 131 plan must be clearly based on appropriate data. Support data or 132 summaries may be used to aid in the determination of compliance 133 and consistency. 134 2.Data must be taken from professionally accepted sources. 135 The application of a methodology utilized in data collection or 136 whether a particular methodology is professionally accepted may 137 be evaluated. However, the evaluation may not include whether 138 one accepted methodology is better than another. Original data 139 collection by local governments is not required. However, local 140 governments may use original data so long as methodologies are 141 professionally accepted. 142 3.The comprehensive plan must shall be based upon 143 permanent and seasonal population estimates and projections, 144 which must shall either be those published by the Office of 145 Economic and Demographic Research or generated by the local 146 government based upon a professionally acceptable methodology, 147 whichever is greater. The plan must be based on at least the 148 minimum amount of land required to accommodate the medium 149 projections as published by the Office of Economic and 150 Demographic Research for at least a 10-year planning period 151 unless otherwise limited under s. 380.05, including related 152 rules of the Administration Commission. Absent physical 153 limitations on population growth, population projections for 154 each municipality, and the unincorporated area within a county 155 must, at a minimum, be reflective of each areas proportional 156 share of the total county population and the total county 157 population growth. 158 (2)Coordination of the required and optional several 159 elements of the local comprehensive plan must shall be a major 160 objective of the planning process. The required and optional 161 several elements of the comprehensive plan must shall be 162 consistent. Optional elements of the comprehensive plan may not 163 contain policies that restrict the density or intensity 164 established in the future land use element. Where data is 165 relevant to required and optional several elements, consistent 166 data must shall be used, including population estimates and 167 projections unless alternative data can be justified for a plan 168 amendment through new supporting data and analysis. Each map 169 depicting future conditions must reflect the principles, 170 guidelines, and standards within all elements, and each such map 171 must be contained within the comprehensive plan. 172 (5)(a)Each local government comprehensive plan must 173 include at least two planning periods, one covering at least the 174 first 10-year 5-year period occurring after the plans adoption 175 and one covering at least a 20-year 10-year period. Additional 176 planning periods for specific components, elements, land use 177 amendments, or projects shall be permissible and accepted as 178 part of the planning process. 179 (6)In addition to the requirements of subsections (1)-(5), 180 the comprehensive plan shall include the following elements: 181 (a)A future land use plan element designating proposed 182 future general distribution, location, and extent of the uses of 183 land for residential uses, commercial uses, industry, 184 agriculture, recreation, conservation, education, public 185 facilities, and other categories of the public and private uses 186 of land. The approximate acreage and the general range of 187 density or intensity of use must shall be provided for the gross 188 land area included in each existing land use category. The 189 element must shall establish the long-term end toward which land 190 use programs and activities are ultimately directed. 191 1.Each future land use category must be defined in terms 192 of uses included, and must include standards to be followed in 193 the control and distribution of population densities and 194 building and structure intensities. The proposed distribution, 195 location, and extent of the various categories of land use must 196 shall be shown on a land use map or map series which is shall be 197 supplemented by goals, policies, and measurable objectives. 198 2.The future land use plan and plan amendments must shall 199 be based upon surveys, studies, and data regarding the area, as 200 applicable, including: 201 a.The amount of land required to accommodate anticipated 202 growth. 203 b.The projected permanent and seasonal population of the 204 area. 205 c.The character of undeveloped land. 206 d.The availability of water supplies, public facilities, 207 and services. 208 e.The need for redevelopment, including the renewal of 209 blighted areas and the elimination of nonconforming uses which 210 are inconsistent with the character of the community. 211 f.The compatibility of uses on lands adjacent to or 212 closely proximate to military installations. 213 g.The compatibility of uses on lands adjacent to an 214 airport as defined in s. 330.35 and consistent with s. 333.02. 215 h.The discouragement of urban sprawl. 216 i.The need for job creation, capital investment, and 217 economic development that will strengthen and diversify the 218 communitys economy. 219 j.The need to modify land uses and development patterns 220 within antiquated subdivisions. 221 3.The future land use plan element must shall include 222 criteria to be used to: 223 a.Achieve the compatibility of lands adjacent or closely 224 proximate to military installations, considering factors 225 identified in s. 163.3175(5). 226 b.Achieve the compatibility of lands adjacent to an 227 airport as defined in s. 330.35 and consistent with s. 333.02. 228 c.Encourage preservation of recreational and commercial 229 working waterfronts for water-dependent uses in coastal 230 communities. 231 d.Encourage the location of schools proximate to urban 232 service residential areas, to the extent possible, and encourage 233 the location of schools in all areas if necessary to provide 234 adequate school capacity to serve residential development. 235 e.Coordinate future land uses with the topography and soil 236 conditions, and the availability of facilities and services. 237 f.Ensure the protection of natural and historic resources. 238 g.Provide for the compatibility of adjacent land uses. 239 h.Provide guidelines for the implementation of mixed-use 240 development including the types of uses allowed, the percentage 241 distribution among the mix of uses, or other standards, and the 242 density and intensity of each use. 243 4.The amount of land designated for future planned uses 244 must shall provide a balance of uses that foster vibrant, viable 245 communities and economic development opportunities and address 246 outdated development patterns, such as antiquated subdivisions. 247 The amount of land designated for future land uses should allow 248 the operation of real estate markets to provide adequate choices 249 for permanent and seasonal residents and business and may not be 250 limited solely by the projected population. The element must 251 shall accommodate at least the minimum amount of land required 252 to accommodate the medium projections as published by the Office 253 of Economic and Demographic Research for at least a 10-year 254 planning period unless otherwise limited under s. 380.05, 255 including related rules of the Administration Commission. 256 5.The future land use plan of a county may designate areas 257 for possible future municipal incorporation. 258 6.The land use maps or map series must shall generally 259 identify and depict historic district boundaries and must shall 260 designate historically significant properties meriting 261 protection. 262 7.The future land use element must clearly identify the 263 land use categories in which public schools are an allowable 264 use. When delineating the land use categories in which public 265 schools are an allowable use, a local government shall include 266 in the categories sufficient land proximate to residential 267 development to meet the projected needs for schools in 268 coordination with public school boards and may establish 269 differing criteria for schools of different type or size. Each 270 local government shall include lands contiguous to existing 271 school sites, to the maximum extent possible, within the land 272 use categories in which public schools are an allowable use. 273 8.Future land use map amendments must shall be based upon 274 the following analyses: 275 a.An analysis of the availability of facilities and 276 services. 277 b.An analysis of the suitability of the plan amendment for 278 its proposed use considering the character of the undeveloped 279 land, soils, topography, natural resources, and historic 280 resources on site. 281 c.An analysis of the minimum amount of land needed to 282 achieve the goals and requirements of this section. 283 9.The future land use element must and any amendment to 284 the future land use element shall discourage the proliferation 285 of urban sprawl by planning for future development as provided 286 in this section. 287 a.The primary indicators that a plan or plan amendment 288 does not discourage the proliferation of urban sprawl are listed 289 below. The evaluation of the presence of these indicators shall 290 consist of an analysis of the plan or plan amendment within the 291 context of features and characteristics unique to each locality 292 in order to determine whether the plan or plan amendment: 293 (I)Promotes, allows, or designates for development 294 substantial areas of the jurisdiction to develop as low 295 intensity, low-density, or single-use development or uses. 296 (II)Promotes, allows, or designates significant amounts of 297 urban development to occur in rural areas at substantial 298 distances from existing urban areas while not using undeveloped 299 lands that are available and suitable for development. 300 (III)Promotes, allows, or designates urban development in 301 radial, strip, isolated, or ribbon patterns generally emanating 302 from existing urban developments. 303 (IV)Fails to adequately protect and conserve natural 304 resources, such as wetlands, floodplains, native vegetation, 305 environmentally sensitive areas, natural groundwater aquifer 306 recharge areas, lakes, rivers, shorelines, beaches, bays, 307 estuarine systems, and other significant natural systems. 308 (V)Fails to adequately protect adjacent agricultural areas 309 and activities, including silviculture, active agricultural and 310 silvicultural activities, passive agricultural activities, and 311 dormant, unique, and prime farmlands and soils. 312 (VI)Fails to maximize use of existing public facilities 313 and services. 314 (VII)Fails to maximize use of future public facilities and 315 services. 316 (VIII)Allows for land use patterns or timing which 317 disproportionately increase the cost in time, money, and energy 318 of providing and maintaining facilities and services, including 319 roads, potable water, sanitary sewer, stormwater management, law 320 enforcement, education, health care, fire and emergency 321 response, and general government. 322 (IX)Fails to provide a clear separation between rural and 323 urban uses. 324 (X)Discourages or inhibits infill development or the 325 redevelopment of existing neighborhoods and communities. 326 (XI)Fails to encourage a functional mix of uses. 327 (XII)Results in poor accessibility among linked or related 328 land uses. 329 (XIII)Results in the loss of significant amounts of 330 functional open space. 331 b.The future land use element or plan amendment shall be 332 determined to discourage the proliferation of urban sprawl if it 333 incorporates a development pattern or urban form that achieves 334 four or more of the following: 335 (I)Directs or locates economic growth and associated land 336 development to geographic areas of the community in a manner 337 that does not have an adverse impact on and protects natural 338 resources and ecosystems. 339 (II)Promotes the efficient and cost-effective provision or 340 extension of public infrastructure and services. 341 (III)Promotes walkable and connected communities and 342 provides for compact development and a mix of uses at densities 343 and intensities that will support a range of housing choices and 344 a multimodal transportation system, including pedestrian, 345 bicycle, and transit, if available. 346 (IV)Promotes conservation of water and energy. 347 (V)Preserves agricultural areas and activities, including 348 silviculture, and dormant, unique, and prime farmlands and 349 soils. 350 (VI)Preserves open space and natural lands and provides 351 for public open space and recreation needs. 352 (VII)Creates a balance of land uses based upon demands of 353 the residential population for the nonresidential needs of an 354 area. 355 (VIII)Provides uses, densities, and intensities of use and 356 urban form that would remediate an existing or planned 357 development pattern in the vicinity that constitutes sprawl or 358 if it provides for an innovative development pattern such as 359 transit-oriented developments or new towns as defined in s. 360 163.3164. 361 10.The future land use element must shall include a future 362 land use map or map series. 363 a.The proposed distribution, extent, and location of the 364 following uses must shall be shown on the future land use map or 365 map series: 366 (I)Residential. 367 (II)Commercial. 368 (III)Industrial. 369 (IV)Agricultural. 370 (V)Recreational. 371 (VI)Conservation. 372 (VII)Educational. 373 (VIII)Public. 374 b.The following areas must shall also be shown on the 375 future land use map or map series, if applicable: 376 (I)Historic district boundaries and designated 377 historically significant properties. 378 (II)Transportation concurrency management area boundaries 379 or transportation concurrency exception area boundaries. 380 (III)Multimodal transportation district boundaries. 381 (IV)Mixed-use categories. 382 c.The following natural resources or conditions must shall 383 be shown on the future land use map or map series, if 384 applicable: 385 (I)Existing and planned public potable waterwells, cones 386 of influence, and wellhead protection areas. 387 (II)Beaches and shores, including estuarine systems. 388 (III)Rivers, bays, lakes, floodplains, and harbors. 389 (IV)Wetlands. 390 (V)Minerals and soils. 391 (VI)Coastal high hazard areas. 392 Section 3.Section 163.3191, Florida Statutes, is amended 393 to read: 394 163.3191Evaluation and appraisal of comprehensive plan. 395 (1)At least once every 7 years, each local government 396 shall evaluate its comprehensive plan to determine if plan 397 amendments are necessary to reflect a minimum planning period of 398 at least 10 years as provided in s. 163.3177(5) or to reflect 399 changes in state requirements in this part since the last update 400 of the comprehensive plan, and notify the state land planning 401 agency as to its determination. The notification must include a 402 separate affidavit, signed by the executive officer, attesting 403 that all elements of its comprehensive plan comply with this 404 subsection. The affidavit must also include a certification that 405 the adopted comprehensive plan contains the minimum planning 406 period of 10 years as provided in 163.3177(5) and must cite the 407 source and date of the population projections used in 408 establishing of the 10-year planning period. 409 (2)If the local government determines amendments to its 410 comprehensive plan are necessary to reflect changes in state 411 requirements, the local government shall prepare and transmit 412 within 1 year such plan amendment or amendments for review 413 pursuant to s. 163.3184. 414 (3)Local governments shall are encouraged to 415 comprehensively evaluate and, as necessary, update comprehensive 416 plans to reflect changes in local conditions. Plan amendments 417 transmitted pursuant to this section must shall be reviewed 418 pursuant to s. 163.3184(4). Updates to the required elements of 419 the comprehensive plan must be processed in the same plan 420 amendment cycle. Optional elements of the comprehensive plan may 421 not be updated until the required elements have been updated, 422 unless otherwise required by general law. 423 (4)If a local government fails to submit the its letter 424 and affidavit prescribed by subsection (1) or update its plan 425 pursuant to this subsection within 1 year from the date the 426 letter was transmitted to the state land planning agency (2), it 427 may not initiate or adopt any publicly initiated plan amendments 428 to amend its comprehensive plan until such time as it complies 429 with this section, unless otherwise required by general law. 430 This prohibition on plan amendments does not apply to privately 431 initiated plan amendments. The failure of the local government 432 to timely update its plan shall not be the basis for the denial 433 of privately initiated comprehensive plan amendments. 434 (5)If it is determined that a local government has failed 435 to update its comprehensive plan pursuant to this section, the 436 state land planning agency shall provide the required population 437 projections that must be used by the local government to update 438 the comprehensive plan. The local government shall initiate an 439 update to its comprehensive plan within 3 months following the 440 receipt of the population projections and must complete the 441 update within 12 months. During the update process, the local 442 government may provide alternative population projections based 443 on professionally accepted methodologies, but only if those 444 population projections exceed the population projections 445 provided by the state land planning agency and only if the 446 update is completed within the timeframe set forth in this 447 subsection. 448 (6)(5)The state land planning agency may not adopt rules 449 to implement this section, other than procedural rules or a 450 schedule indicating when local governments must comply with the 451 requirements of this section. 452 Section 4.Present paragraphs (b) through (j) of subsection 453 (2) of section 163.3202, Florida Statutes, are redesignated as 454 paragraphs (d) through (l), respectively, new paragraphs (b) and 455 (c) are added to that subsection, and present paragraph (g) of 456 subsection (2) and paragraphs (a) and (b) of subsection (5) of 457 that section are amended, to read: 458 163.3202Land development regulations. 459 (2)Local land development regulations shall contain 460 specific and detailed provisions necessary or desirable to 461 implement the adopted comprehensive plan and shall at a minimum: 462 (b)Establish minimum lot sizes within single-family, two 463 family, and fee simple, single-family townhouse zoning districts 464 to accommodate the maximum density authorized in the 465 comprehensive plan, net of the land area required to be set 466 aside for subdivision roads, sidewalks, stormwater ponds, open 467 space, landscape buffers and any other mandatory land 468 development regulations that require land to be set aside that 469 could otherwise be used for the development of single-family 470 homes, two-family homes, and fee-simple, single-family 471 townhouses. 472 (c)Establish infill development standards for single 473 family homes, two-family homes, and fee-simple townhouse 474 dwelling units to allow for the administrative approval of 475 development of infill single-family homes, two-family homes, and 476 fee-simple, single-family townhouses. 477 (i)(g)Provide that public facilities and services meet or 478 exceed the standards established in the capital improvements 479 element required by s. 163.3177 and are available when needed 480 for the development, or that development orders and permits are 481 conditioned on the availability of these public facilities and 482 services necessary to serve the proposed development. A local 483 government may not issue a development order or permit that 484 results in a reduction in the level of services for the affected 485 public facilities below the adopted level of services provided 486 in the local governments comprehensive plan. Levels of service 487 established in a comprehensive plan solely for planning purposes 488 may not be the basis for the denial of a development order or 489 permit. 490 (5)(a)Land development regulations relating to building 491 design elements may not be applied to a single-family or two 492 family dwelling unless: 493 1.The dwelling is listed in the National Register of 494 Historic Places, as defined in s. 267.021(5); is located in a 495 National Register Historic District; or is designated as a 496 historic property or located in a historic district, under the 497 terms of a local preservation ordinance; 498 2.The regulations are adopted in order to implement the 499 National Flood Insurance Program; 500 3.The regulations are adopted pursuant to and in 501 compliance with chapter 553; 502 4.The dwelling is located in a community redevelopment 503 area, as defined in s. 163.340(10); 504 5.The regulations are required to ensure protection of 505 coastal wildlife in compliance with s. 161.052, s. 161.053, s. 506 161.0531, s. 161.085, s. 161.163, or chapter 373; 507 6.The dwelling is located in a planned unit development or 508 master planned community created pursuant to a local ordinance, 509 resolution, or other final action approved by the local 510 governing body; or 511 6.7.The dwelling is located within the jurisdiction of a 512 local government that has a design review board or an 513 architectural review board created before January 1, 2020. 514 (b)For purposes of this subsection, the term: 515 1.building design elements means the external building 516 color; the type or style of exterior cladding material; the 517 style or material of roof structures or porches; the exterior 518 nonstructural architectural ornamentation; the location or 519 architectural styling of windows or doors; the location or 520 orientation of the garage; the number and type of rooms; and the 521 interior layout of rooms. The term does not include the height, 522 bulk, orientation, or location of a dwelling on a zoning lot; or 523 the use of buffering or screening to minimize potential adverse 524 physical or visual impacts or to protect the privacy of 525 neighbors. 526 2.Planned unit development or master planned community 527 means an area of land that is planned and developed as a single 528 entity or in approved stages with uses and structures 529 substantially related to the character of the entire 530 development, or a self-contained development in which the 531 subdivision and zoning controls are applied to the project as a 532 whole rather than to individual lots. 533 Section 5.Paragraph (g) of subsection (5) of section 534 163.3246, Florida Statutes, is amended to read: 535 163.3246Local government comprehensive planning 536 certification program. 537 (5)If the local government meets the eligibility criteria 538 of subsection (2), the state land planning agency shall certify 539 all or part of a local government by written agreement, which 540 shall be considered final agency action subject to challenge 541 under s. 120.569. The agreement must include the following 542 components: 543 (g)Criteria to evaluate the effectiveness of the 544 certification process in achieving the community-development 545 goals for the certification area, including: 546 1.Measuring the compactness of growth, expressed as the 547 ratio between population growth and land consumed; 548 2.Increasing residential density and intensity intensities 549 of use; 550 3.Measuring and reducing vehicle miles traveled and 551 increasing the interconnectedness of the street system, 552 pedestrian access, and mass transit; 553 4.Measuring the balance between the location of jobs and 554 housing; 555 5.Improving the housing mix within the certification area, 556 including the provision of mixed-use neighborhoods, affordable 557 housing, and the creation of an affordable housing program if 558 such a program is not already in place; 559 6.Promoting mixed-use developments as an alternative to 560 single-purpose centers; 561 7.Promoting clustered development having dedicated open 562 space; 563 8.Linking commercial, educational, and recreational uses 564 directly to residential growth; 565 9.Reducing per capita water and energy consumption; 566 10.Prioritizing environmental features to be protected and 567 adopting measures or programs to protect identified features; 568 11.Reducing hurricane shelter deficits and evacuation 569 times and implementing the adopted mitigation strategies; and 570 12.Improving coordination between the local government and 571 school board. 572 Section 6.Paragraph (a) of subsection (2) of section 573 189.08, Florida Statutes, is amended to read: 574 189.08Special district public facilities report. 575 (2)Each independent special district shall submit to each 576 local general-purpose government in which it is located a public 577 facilities report and an annual notice of any changes. The 578 public facilities report shall specify the following 579 information: 580 (a)A description of existing public facilities owned or 581 operated by the special district, and each public facility that 582 is operated by another entity, except a local general-purpose 583 government, through a lease or other agreement with the special 584 district. This description shall include the current capacity of 585 the facility, the current demands placed upon it, and its 586 location. This information shall be required in the initial 587 report and updated every 7 years at least 12 months before the 588 submission date of the evaluation and appraisal notification 589 letter of the appropriate local government required by s. 590 163.3191. The department shall post a schedule on its website, 591 based on the evaluation and appraisal notification schedule 592 prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a 593 special district to determine when its public facilities report 594 and updates to that report are due to the local general-purpose 595 governments in which the special district is located. 596 Section 7.Subsection (29) of section 479.01, Florida 597 Statutes, is amended to read: 598 479.01Definitions.As used in this chapter, the term: 599 (29)Zoning category means the designation under the land 600 development regulations or other similar ordinance enacted to 601 regulate the use of land as provided in s. 163.3202(2) s. 602 163.3202(2)(b), which designation sets forth the allowable uses, 603 restrictions, and limitations on use applicable to properties 604 within the category. 605 Section 8.This act shall take effect July 1, 2023.