Florida Senate - 2023 CS for SB 1604 By the Committee on Community Affairs; and Senator Ingoglia 578-03557-23 20231604c1 1 A bill to be entitled 2 An act relating to land use and development 3 regulations; amending s. 163.3177, F.S.; revising the 4 planning periods that must be included in a 5 comprehensive plan; amending s. 163.3191, F.S.; 6 requiring local governments to determine if plan 7 amendments are necessary to reflect a certain minimum 8 planning period; specifying requirements for a certain 9 notification; requiring, rather than encouraging, a 10 local government to comprehensively evaluate and 11 update its comprehensive plan to reflect changes in 12 local conditions; requiring updates to certain 13 elements of the comprehensive plan to be processed in 14 the same plan amendment cycle; prohibiting a local 15 government from initiating or adopting any publicly 16 initiated plan amendments to its comprehensive plan 17 under certain circumstances; providing applicability; 18 prohibiting a certain denial of plan amendments from 19 being based on the failure of a local government to 20 update its comprehensive plan; requiring the state 21 land planning agency to provide population projections 22 if a local government fails to update its 23 comprehensive plan; requiring the local government to 24 update its comprehensive plan within a specified 25 timeframe after receiving the population projections 26 and transmit the update within a specified timeframe; 27 requiring the state land planning agency to establish 28 a certain timeline if such update is not in 29 compliance; authorizing the local government to seek 30 approval from the state land planning agency to 31 process publicly initiated plan amendments under 32 certain circumstances; authorizing the local 33 government to provide certain alternative population 34 projections under certain circumstances; amending s. 35 163.3202, F.S.; revising exceptions to applicability 36 of land development regulations relating to single 37 family or two-family dwelling building design 38 elements; deleting the definition of the terms 39 planned unit development or master planned 40 community; amending s. 189.08, F.S.; conforming a 41 cross-reference; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1.Paragraph (a) of subsection (5) of section 46 163.3177, Florida Statutes, is amended to read: 47 163.3177Required and optional elements of comprehensive 48 plan; studies and surveys. 49 (5)(a)Each local government comprehensive plan must 50 include at least two planning periods, one covering at least the 51 first 10-year 5-year period occurring after the plans adoption 52 and one covering at least a 20-year 10-year period. Additional 53 planning periods for specific components, elements, land use 54 amendments, or projects shall be permissible and accepted as 55 part of the planning process. 56 Section 2.Section 163.3191, Florida Statutes, is amended 57 to read: 58 163.3191Evaluation and appraisal of comprehensive plan. 59 (1)At least once every 7 years, each local government 60 shall evaluate its comprehensive plan to determine if plan 61 amendments are necessary to reflect a minimum planning period of 62 at least 10 years as provided in s. 163.3177(5) or to reflect 63 changes in state requirements in this part since the last update 64 of the comprehensive plan, and notify the state land planning 65 agency as to its determination. The notification must include a 66 separate affidavit, signed by the chair of the governing body of 67 the county or the mayor of the municipality, attesting that all 68 elements of its comprehensive plan comply with this subsection. 69 The affidavit must also include a certification that the adopted 70 comprehensive plan contains the minimum planning period of 10 71 years, as provided in 163.3177(5), and must cite the source and 72 date of the population projections used in establishing the 10 73 year planning period. 74 (2)If the local government determines amendments to its 75 comprehensive plan are necessary to reflect changes in state 76 requirements, the local government shall prepare and transmit 77 within 1 year such plan amendment or amendments for review 78 pursuant to s. 163.3184. 79 (3)Local governments shall are encouraged to 80 comprehensively evaluate and, as necessary, update comprehensive 81 plans to reflect changes in local conditions. Plan amendments 82 transmitted pursuant to this section must shall be reviewed 83 pursuant to s. 163.3184(4). Updates to the required elements and 84 optional elements of the comprehensive plan must be processed in 85 the same plan amendment cycle. 86 (4)If a local government fails to submit the its letter 87 and affidavit prescribed by subsection (1) or transmit the 88 update to its plan pursuant to subsection (3) within 1 year 89 after the date the letter was transmitted to the state land 90 planning agency (2), it may not initiate or adopt any publicly 91 initiated plan amendments to amend its comprehensive plan until 92 such time as it complies with this section, unless otherwise 93 required by general law. This prohibition on plan amendments 94 does not apply to privately initiated plan amendments. The 95 failure of the local government to timely update its plan may 96 not be the basis for the denial of privately initiated 97 comprehensive plan amendments. 98 (5)If it is determined that a local government has failed 99 to update its comprehensive plan pursuant to this section, the 100 state land planning agency must provide the required population 101 projections that must be used by the local government to update 102 the comprehensive plan. The local government shall initiate an 103 update to its comprehensive plan within 3 months following the 104 receipt of the population projections and must transmit the 105 update within 12 months. If the state land planning agency finds 106 the update is not in compliance, it must establish the timeline 107 to address the deficiencies, not to exceed an additional 12 108 month period. If the update is challenged by a third party, the 109 local government may seek approval from the state land planning 110 agency to process publicly initiated plan amendments that are 111 necessary to accommodate population growth during the pendency 112 of the litigation. During the update process, the local 113 government may provide alternative population projections based 114 on professionally accepted methodologies, but only if those 115 population projections exceed the population projections 116 provided by the state land planning agency and only if the 117 update is completed within the timeframe set forth in this 118 subsection. 119 (6)The state land planning agency may not adopt rules to 120 implement this section, other than procedural rules or a 121 schedule indicating when local governments must comply with the 122 requirements of this section. 123 Section 3.Paragraphs (a) and (b) of subsection (5) of 124 section 163.3202, Florida Statutes, are amended to read: 125 163.3202Land development regulations. 126 (5)(a)Land development regulations relating to building 127 design elements may not be applied to a single-family or two 128 family dwelling unless: 129 1.The dwelling is listed in the National Register of 130 Historic Places, as defined in s. 267.021(5); is located in a 131 National Register Historic District; or is designated as a 132 historic property or located in a historic district, under the 133 terms of a local preservation ordinance; 134 2.The regulations are adopted in order to implement the 135 National Flood Insurance Program; 136 3.The regulations are adopted pursuant to and in 137 compliance with chapter 553; 138 4.The dwelling is located in a community redevelopment 139 area, as defined in s. 163.340(10); 140 5.The regulations are required to ensure protection of 141 coastal wildlife in compliance with s. 161.052, s. 161.053, s. 142 161.0531, s. 161.085, s. 161.163, or chapter 373; 143 6.The dwelling is located in a planned unit development or 144 master planned community created pursuant to a local ordinance, 145 resolution, or other final action approved by the local 146 governing body; or 147 7.The dwelling is located within the jurisdiction of a 148 local government that has a design review board or an 149 architectural review board created before January 1, 2020. 150 (b)For purposes of this subsection, the term: 151 1.building design elements means the external building 152 color; the type or style of exterior cladding material; the 153 style or material of roof structures or porches; the exterior 154 nonstructural architectural ornamentation; the location or 155 architectural styling of windows or doors; the location or 156 orientation of the garage; the number and type of rooms; and the 157 interior layout of rooms. The term does not include the height, 158 bulk, orientation, or location of a dwelling on a zoning lot; or 159 the use of buffering or screening to minimize potential adverse 160 physical or visual impacts or to protect the privacy of 161 neighbors. 162 2.Planned unit development or master planned community 163 means an area of land that is planned and developed as a single 164 entity or in approved stages with uses and structures 165 substantially related to the character of the entire 166 development, or a self-contained development in which the 167 subdivision and zoning controls are applied to the project as a 168 whole rather than to individual lots. 169 Section 4.Paragraph (a) of subsection (2) of section 170 189.08, Florida Statutes, is amended to read: 171 189.08Special district public facilities report. 172 (2)Each independent special district shall submit to each 173 local general-purpose government in which it is located a public 174 facilities report and an annual notice of any changes. The 175 public facilities report shall specify the following 176 information: 177 (a)A description of existing public facilities owned or 178 operated by the special district, and each public facility that 179 is operated by another entity, except a local general-purpose 180 government, through a lease or other agreement with the special 181 district. This description shall include the current capacity of 182 the facility, the current demands placed upon it, and its 183 location. This information shall be required in the initial 184 report and updated every 7 years at least 12 months before the 185 submission date of the evaluation and appraisal notification 186 letter of the appropriate local government required by s. 187 163.3191. The department shall post a schedule on its website, 188 based on the evaluation and appraisal notification schedule 189 prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a 190 special district to determine when its public facilities report 191 and updates to that report are due to the local general-purpose 192 governments in which the special district is located. 193 Section 5.This act shall take effect July 1, 2023.