CS for CS for SB 1604 First Engrossed 20231604e1 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 that updates to certain 13 elements of the comprehensive plan be processed in the 14 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 to transmit the update within a specified 27 timeframe; requiring the state land planning agency to 28 establish 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; amending s. 189.031, F.S.; precluding an 39 independent special district from complying with the 40 terms of certain development agreements under certain 41 circumstances; requiring a newly elected or appointed 42 governing body to review, within a certain timeframe, 43 certain agreements and vote on whether to seek 44 readoption of such agreement; providing retroactive 45 applicability; providing for future expiration; 46 amending s. 189.08, F.S.; conforming a cross 47 reference; providing effective dates. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1.Paragraph (a) of subsection (5) of section 52 163.3177, Florida Statutes, is amended to read: 53 163.3177Required and optional elements of comprehensive 54 plan; studies and surveys. 55 (5)(a)Each local government comprehensive plan must 56 include at least two planning periods, one covering at least the 57 first 10-year 5-year period occurring after the plans adoption 58 and one covering at least a 20-year 10-year period. Additional 59 planning periods for specific components, elements, land use 60 amendments, or projects shall be permissible and accepted as 61 part of the planning process. 62 Section 2.Section 163.3191, Florida Statutes, is amended 63 to read: 64 163.3191Evaluation and appraisal of comprehensive plan. 65 (1)At least once every 7 years, each local government 66 shall evaluate its comprehensive plan to determine if plan 67 amendments are necessary to reflect a minimum planning period of 68 at least 10 years as provided in s. 163.3177(5) or to reflect 69 changes in state requirements in this part since the last update 70 of the comprehensive plan, and notify the state land planning 71 agency as to its determination. The notification must include a 72 separate affidavit, signed by the chair of the governing body of 73 the county or the mayor of the municipality, attesting that all 74 elements of its comprehensive plan comply with this subsection. 75 The affidavit must also include a certification that the adopted 76 comprehensive plan contains the minimum planning period of 10 77 years, as provided in s. 163.3177(5), and must cite the source 78 and date of the population projections used in establishing the 79 10-year planning period. 80 (2)If the local government determines amendments to its 81 comprehensive plan are necessary to reflect changes in state 82 requirements, the local government must shall prepare and 83 transmit within 1 year such plan amendment or amendments for 84 review pursuant to s. 163.3184. 85 (3)Local governments shall are encouraged to 86 comprehensively evaluate and, as necessary, update comprehensive 87 plans to reflect changes in local conditions. Plan amendments 88 transmitted pursuant to this section must shall be reviewed 89 pursuant to s. 163.3184(4). Updates to the required elements and 90 optional elements of the comprehensive plan must be processed in 91 the same plan amendment cycle. 92 (4)If a local government fails to submit the its letter 93 and affidavit prescribed by subsection (1) or to transmit the 94 update to its plan pursuant to subsection (3) within 1 year 95 after the date the letter was transmitted to the state land 96 planning agency (2), it may not initiate or adopt any publicly 97 initiated plan amendments to amend its comprehensive plan until 98 such time as it complies with this section, unless otherwise 99 required by general law. This prohibition on plan amendments 100 does not apply to privately initiated plan amendments. The 101 failure of the local government to timely update its plan may 102 not be the basis for the denial of privately initiated 103 comprehensive plan amendments. 104 (5)If it is determined that a local government has failed 105 to update its comprehensive plan pursuant to this section, the 106 state land planning agency must provide the required population 107 projections that must be used by the local government to update 108 the comprehensive plan. The local government shall initiate an 109 update to its comprehensive plan within 3 months following the 110 receipt of the population projections and must transmit the 111 update within 12 months. If the state land planning agency finds 112 the update is not in compliance, it must establish the timeline 113 to address the deficiencies, not to exceed an additional 12 114 month period. If the update is challenged by a third party, the 115 local government may seek approval from the state land planning 116 agency to process publicly initiated plan amendments that are 117 necessary to accommodate population growth during the pendency 118 of the litigation. During the update process, the local 119 government may provide alternative population projections based 120 on professionally accepted methodologies, but only if those 121 population projections exceed the population projections 122 provided by the state land planning agency and only if the 123 update is completed within the timeframe set forth in this 124 subsection. 125 (6)The state land planning agency may not adopt rules to 126 implement this section, other than procedural rules or a 127 schedule indicating when local governments must comply with the 128 requirements of this section. 129 Section 3.Paragraphs (a) and (b) of subsection (5) of 130 section 163.3202, Florida Statutes, are amended to read: 131 163.3202Land development regulations. 132 (5)(a)Land development regulations relating to building 133 design elements may not be applied to a single-family or two 134 family dwelling unless: 135 1.The dwelling is listed in the National Register of 136 Historic Places, as defined in s. 267.021(5); is located in a 137 National Register Historic District; or is designated as a 138 historic property or located in a historic district, under the 139 terms of a local preservation ordinance; 140 2.The regulations are adopted in order to implement the 141 National Flood Insurance Program; 142 3.The regulations are adopted pursuant to and in 143 compliance with chapter 553; 144 4.The dwelling is located in a community redevelopment 145 area, as defined in s. 163.340(10); 146 5.The regulations are required to ensure protection of 147 coastal wildlife in compliance with s. 161.052, s. 161.053, s. 148 161.0531, s. 161.085, s. 161.163, or chapter 373; 149 6.The dwelling is located in a planned unit development or 150 master planned community created pursuant to a local ordinance, 151 resolution, or other final action approved by the local 152 governing body before July 1, 2023; or 153 7.The dwelling is located within the jurisdiction of a 154 local government that has a design review board or an 155 architectural review board created before January 1, 2020. 156 (b)For purposes of this subsection, the term: 157 1.Building design elements means the external building 158 color; the type or style of exterior cladding material; the 159 style or material of roof structures or porches; the exterior 160 nonstructural architectural ornamentation; the location or 161 architectural styling of windows or doors; the location or 162 orientation of the garage; the number and type of rooms; and the 163 interior layout of rooms. The term does not include the height, 164 bulk, orientation, or location of a dwelling on a zoning lot; or 165 the use of buffering or screening to minimize potential adverse 166 physical or visual impacts or to protect the privacy of 167 neighbors. 168 2.Planned unit development or master planned community 169 means an area of land that is planned and developed as a single 170 entity or in approved stages with uses and structures 171 substantially related to the character of the entire 172 development, or a self-contained development in which the 173 subdivision and zoning controls are applied to the project as a 174 whole rather than to individual lots. 175 Section 4.Effective upon becoming a law, subsection (7) is 176 added to section 189.031, Florida Statutes, to read: 177 189.031Legislative intent for the creation of independent 178 special districts; special act prohibitions; model elements and 179 other requirements; local general-purpose government/Governor 180 and Cabinet creation authorizations. 181 (7)REVIEW OF DEVELOPMENT AGREEMENTS.An independent 182 special district is precluded from complying with the terms of 183 any development agreement, or any other agreement for which the 184 development agreement serves in whole or part as consideration, 185 which is executed within 3 months preceding the effective date 186 of a law modifying the manner of selecting members of the 187 governing body of the independent special district from election 188 to appointment or from appointment to election. The newly 189 elected or appointed governing body of the independent special 190 district shall review within 4 months of taking office any 191 development agreement or any other agreement for which the 192 development agreement serves in whole or part as consideration 193 and shall, after such review, vote on whether to seek readoption 194 of such agreement. This subsection shall apply to any 195 development agreement that is in effect on, or is executed 196 after, the effective date of this section. This subsection 197 expires July 1, 2028, unless reviewed and saved from repeal 198 through reenactment by the Legislature. 199 Section 5.Paragraph (a) of subsection (2) of section 200 189.08, Florida Statutes, is amended to read: 201 189.08Special district public facilities report. 202 (2)Each independent special district shall submit to each 203 local general-purpose government in which it is located a public 204 facilities report and an annual notice of any changes. The 205 public facilities report shall specify the following 206 information: 207 (a)A description of existing public facilities owned or 208 operated by the special district, and each public facility that 209 is operated by another entity, except a local general-purpose 210 government, through a lease or other agreement with the special 211 district. This description shall include the current capacity of 212 the facility, the current demands placed upon it, and its 213 location. This information shall be required in the initial 214 report and updated every 7 years at least 12 months before the 215 submission date of the evaluation and appraisal notification 216 letter of the appropriate local government required by s. 217 163.3191. The department shall post a schedule on its website, 218 based on the evaluation and appraisal notification schedule 219 prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a 220 special district to determine when its public facilities report 221 and updates to that report are due to the local general-purpose 222 governments in which the special district is located. 223 Section 6.Except as otherwise expressly provided in this 224 act and except for this section, which shall take effect upon 225 becoming a law, this act shall take effect July 1, 2023.