ENROLLED 2023 Legislature CS for CS for SB 1604, 2nd Engrossed 20231604er 1 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. 163.3208, F.S.; revising the 39 definition of the term distribution electric 40 substation; revising the substation approval process 41 to include applications for changes to existing 42 electric substations; amending s. 189.031, F.S.; 43 precluding an independent special district from 44 complying with the terms of certain development 45 agreements under certain circumstances; requiring a 46 newly elected or appointed governing body to review, 47 within a certain timeframe, certain agreements and 48 vote on whether to seek readoption of such agreement; 49 providing retroactive applicability; providing for 50 future expiration; amending s. 189.08, F.S.; 51 conforming a cross-reference; providing effective 52 dates. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1.Paragraph (a) of subsection (5) of section 57 163.3177, Florida Statutes, is amended to read: 58 163.3177Required and optional elements of comprehensive 59 plan; studies and surveys. 60 (5)(a)Each local government comprehensive plan must 61 include at least two planning periods, one covering at least the 62 first 10-year 5-year period occurring after the plans adoption 63 and one covering at least a 20-year 10-year period. Additional 64 planning periods for specific components, elements, land use 65 amendments, or projects shall be permissible and accepted as 66 part of the planning process. 67 Section 2.Section 163.3191, Florida Statutes, is amended 68 to read: 69 163.3191Evaluation and appraisal of comprehensive plan. 70 (1)At least once every 7 years, each local government 71 shall evaluate its comprehensive plan to determine if plan 72 amendments are necessary to reflect a minimum planning period of 73 at least 10 years as provided in s. 163.3177(5) or to reflect 74 changes in state requirements in this part since the last update 75 of the comprehensive plan, and notify the state land planning 76 agency as to its determination. The notification must include a 77 separate affidavit, signed by the chair of the governing body of 78 the county or the mayor of the municipality, attesting that all 79 elements of its comprehensive plan comply with this subsection. 80 The affidavit must also include a certification that the adopted 81 comprehensive plan contains the minimum planning period of 10 82 years, as provided in s. 163.3177(5), and must cite the source 83 and date of the population projections used in establishing the 84 10-year planning period. 85 (2)If the local government determines amendments to its 86 comprehensive plan are necessary to reflect changes in state 87 requirements, the local government must shall prepare and 88 transmit within 1 year such plan amendment or amendments for 89 review pursuant to s. 163.3184. 90 (3)Local governments shall are encouraged to 91 comprehensively evaluate and, as necessary, update comprehensive 92 plans to reflect changes in local conditions. Plan amendments 93 transmitted pursuant to this section must shall be reviewed 94 pursuant to s. 163.3184(4). Updates to the required elements and 95 optional elements of the comprehensive plan must be processed in 96 the same plan amendment cycle. 97 (4)If a local government fails to submit the its letter 98 and affidavit prescribed by subsection (1) or to transmit the 99 update to its plan pursuant to subsection (3) within 1 year 100 after the date the letter was transmitted to the state land 101 planning agency (2), it may not initiate or adopt any publicly 102 initiated plan amendments to amend its comprehensive plan until 103 such time as it complies with this section, unless otherwise 104 required by general law. This prohibition on plan amendments 105 does not apply to privately initiated plan amendments. The 106 failure of the local government to timely update its plan may 107 not be the basis for the denial of privately initiated 108 comprehensive plan amendments. 109 (5)If it is determined that a local government has failed 110 to update its comprehensive plan pursuant to this section, the 111 state land planning agency must provide the required population 112 projections that must be used by the local government to update 113 the comprehensive plan. The local government shall initiate an 114 update to its comprehensive plan within 3 months following the 115 receipt of the population projections and must transmit the 116 update within 12 months. If the state land planning agency finds 117 the update is not in compliance, it must establish the timeline 118 to address the deficiencies, not to exceed an additional 12 119 month period. If the update is challenged by a third party, the 120 local government may seek approval from the state land planning 121 agency to process publicly initiated plan amendments that are 122 necessary to accommodate population growth during the pendency 123 of the litigation. During the update process, the local 124 government may provide alternative population projections based 125 on professionally accepted methodologies, but only if those 126 population projections exceed the population projections 127 provided by the state land planning agency and only if the 128 update is completed within the timeframe set forth in this 129 subsection. 130 (6)The state land planning agency may not adopt rules to 131 implement this section, other than procedural rules or a 132 schedule indicating when local governments must comply with the 133 requirements of this section. 134 Section 3.Paragraphs (a) and (b) of subsection (5) of 135 section 163.3202, Florida Statutes, are amended to read: 136 163.3202Land development regulations. 137 (5)(a)Land development regulations relating to building 138 design elements may not be applied to a single-family or two 139 family dwelling unless: 140 1.The dwelling is listed in the National Register of 141 Historic Places, as defined in s. 267.021(5); is located in a 142 National Register Historic District; or is designated as a 143 historic property or located in a historic district, under the 144 terms of a local preservation ordinance; 145 2.The regulations are adopted in order to implement the 146 National Flood Insurance Program; 147 3.The regulations are adopted pursuant to and in 148 compliance with chapter 553; 149 4.The dwelling is located in a community redevelopment 150 area, as defined in s. 163.340(10); 151 5.The regulations are required to ensure protection of 152 coastal wildlife in compliance with s. 161.052, s. 161.053, s. 153 161.0531, s. 161.085, s. 161.163, or chapter 373; 154 6.The dwelling is located in a planned unit development or 155 master planned community created pursuant to a local ordinance, 156 resolution, or other final action approved by the local 157 governing body before July 1, 2023; or 158 7.The dwelling is located within the jurisdiction of a 159 local government that has a design review board or an 160 architectural review board created before January 1, 2020. 161 (b)For purposes of this subsection, the term: 162 1.Building design elements means the external building 163 color; the type or style of exterior cladding material; the 164 style or material of roof structures or porches; the exterior 165 nonstructural architectural ornamentation; the location or 166 architectural styling of windows or doors; the location or 167 orientation of the garage; the number and type of rooms; and the 168 interior layout of rooms. The term does not include the height, 169 bulk, orientation, or location of a dwelling on a zoning lot; or 170 the use of buffering or screening to minimize potential adverse 171 physical or visual impacts or to protect the privacy of 172 neighbors. 173 2.Planned unit development or master planned community 174 means an area of land that is planned and developed as a single 175 entity or in approved stages with uses and structures 176 substantially related to the character of the entire 177 development, or a self-contained development in which the 178 subdivision and zoning controls are applied to the project as a 179 whole rather than to individual lots. 180 Section 4.Section 163.3208, Florida Statutes, is amended 181 to read: 182 163.3208Substation approval process. 183 (1)It is the intent of the Legislature to maintain, 184 encourage, and ensure adequate and reliable electric 185 infrastructure in the state. It is essential that electric 186 infrastructure be constructed and maintained in various 187 locations in order to ensure the efficient and reliable delivery 188 of electric service. Electric infrastructure should be 189 constructed, to the maximum extent practicable, to achieve 190 compatibility with adjacent and surrounding land uses, and the 191 criteria included in this section are intended to balance the 192 need for electricity with land use compatibility. 193 (2)The term distribution electric substation means an 194 electric substation, including accessory administration or 195 maintenance buildings and related accessory uses and structures, 196 which takes electricity from the transmission grid and converts 197 it to another voltage or a lower voltage so it can be 198 distributed to customers in the local area on the local 199 distribution grid through one or more distribution lines less 200 than 69 kilovolts in size. 201 (3)Electric substations are a critical component of 202 electric transmission and distribution. Except for substations 203 in s. 163.3205(2)(c), local governments may adopt and enforce 204 reasonable land development regulations for new and existing 205 distribution electric substations, addressing only setback, 206 landscaping, buffering, screening, lighting, and other aesthetic 207 compatibility-based standards. Vegetated buffers or screening 208 beneath aerial access points to the substation equipment shall 209 not be required to have a mature height in excess of 14 feet. 210 (4)New and existing distribution electric substations 211 shall be a permitted use in all land use categories in the 212 applicable local government comprehensive plan and zoning 213 districts within a utilitys service territory except those 214 designated as preservation, conservation, or historic 215 preservation on the future land use map or duly adopted 216 ordinance. If a local government has not adopted reasonable 217 standards for substation siting in accordance with subsection 218 (3), the following standards shall apply to new distribution 219 electric substations: 220 (a)In nonresidential areas, the substation must comply 221 with the setback and landscaped buffer area criteria applicable 222 to other similar uses in that district, if any. 223 (b)Unless the local government approves a lesser setback 224 or landscape requirement, in residential areas, a setback of up 225 to 100 feet between the substation property boundary and 226 permanent equipment structures shall be maintained as follows: 227 1.For setbacks between 100 feet and 50 feet, an open green 228 space shall be formed by installing native landscaping, 229 including trees and shrub material, consistent with the relevant 230 local governments land development regulations. Substation 231 equipment shall be protected by a security fence consistent with 232 the relevant local governments land development regulations. 233 2.For setbacks of less than 50 feet, a buffer wall 8 feet 234 high or a fence 8 feet high with native landscaping consistent 235 with the relevant local governments regulations shall be 236 installed around the substation. 237 (5)If the application for a proposed distribution electric 238 substation or for changes to an existing electric substation 239 demonstrates that the substation design is consistent with the 240 local governments applicable setback, landscaping, buffering, 241 screening, and other aesthetic compatibility-based standards, 242 the application for development approval for or changes to the 243 substation shall be approved. 244 (6)(a)This paragraph applies may apply to the proposed 245 placement or construction of a new distribution electric 246 substation within a residential area. Before Prior to submitting 247 an application for the location of a new distribution electric 248 substation in residential areas, the utility shall consult with 249 the local government regarding the selection of a site. The 250 utility shall provide information regarding the utilitys 251 preferred site and as many as three alternative available sites, 252 including sites within nonresidential areas, that are 253 technically and electrically reasonable for the load to be 254 served, if the local government deems that the siting of a new 255 distribution electric substation warrants this additional review 256 and consideration. The final determination on the site 257 application as to the preferred and alternative sites shall be 258 made solely by the local government within 90 days of 259 presentation of all the necessary and required information on 260 the preferred site and on the alternative sites. In the event 261 the utility and the local government are unable to reach 262 agreement on an appropriate location, the substation site 263 selection shall be submitted to mediation conducted pursuant to 264 ss. 44.401-44.406, unless otherwise agreed to in writing by the 265 parties, and the mediation shall be concluded within 30 days 266 unless extended by written agreement of the parties. The 90-day 267 time period for the local government to render a final decision 268 on the site application is tolled from the date a notice of 269 intent to mediate the site selection issue is served on the 270 utility or local government, until the mediation is concluded, 271 terminated, or an impasse is declared. The local government and 272 utility may agree to waive or extend this 90-day time period. 273 Upon rendition of a final decision of the local government, a 274 person may pursue available legal remedies in accordance with 275 law, and the matter shall be considered on an expedited basis. 276 (b)A local governments land development and construction 277 regulations for new distribution electric substations or for 278 changes to existing electric substations and the local 279 governments review of an application for the placement or 280 construction of a new distribution electric substation or for 281 changes to an existing electric substation shall only address 282 land development, zoning, or aesthetic compatibility-based 283 issues. In such local government regulations or review, a local 284 government may not require information or evaluate a utilitys 285 business decisions about its service, customer demand for its 286 service, or quality of its service to or from a particular area 287 or site, unless the utility voluntarily offers this information 288 to the local government. 289 (7)Substation siting standards adopted after the effective 290 date of this act does shall not apply to applications for new 291 distribution electric substations or for changes to existing 292 electric substations which substation applications that were 293 submitted before prior to the notice of the local governments 294 adoption hearing. 295 (8)(a)If a local government has adopted standards for the 296 siting of new distribution electric substations or for changes 297 to existing electric substations within any of the local 298 governments land use categories or zoning districts, the local 299 government shall grant or deny a properly completed application 300 for a permit to locate a new electric substation or change an 301 existing distribution electric substation within the land use 302 category or zoning district within 90 days after the date the 303 properly completed application is declared complete in 304 accordance with the applicable local government application 305 procedures. If the local government fails to approve or deny a 306 properly completed application for a new distribution electric 307 substation or for changes to an existing electric substation 308 within the timeframes set forth, the application is shall be 309 deemed automatically approved, and the applicant may proceed 310 with construction consistent with its application without 311 interference or penalty. Issuance of such local permit does not 312 relieve the applicant from complying with applicable federal or 313 state laws or regulations and other applicable local land 314 development or building regulations, if any. 315 (b)The local government shall notify the permit applicant 316 within 30 days after the date the application is submitted as to 317 whether the application is, for administrative purposes only, 318 properly completed and has been properly submitted. Further 319 completeness determinations shall be provided within 15 days 320 after the receipt of additional information. However, such 321 determination is not shall not be not deemed an approval of the 322 application. 323 (c)To be effective, a waiver of the timeframes set forth 324 in this subsection must be voluntarily agreed to by the utility 325 applicant and the local government. A local government may 326 request, but not require, a waiver of the timeframes by the 327 applicant, except that, with respect to a specific application, 328 a one-time waiver may be required in the case of a declared 329 local, state, or federal emergency that directly affects the 330 administration of all permitting activities of the local 331 government. 332 (d)The local government may establish reasonable 333 timeframes within which the required information to cure the 334 application deficiency is to be provided, or the application 335 will be considered withdrawn or closed. 336 Section 5.Effective upon becoming a law, subsection (7) is 337 added to section 189.031, Florida Statutes, to read: 338 189.031Legislative intent for the creation of independent 339 special districts; special act prohibitions; model elements and 340 other requirements; local general-purpose government/Governor 341 and Cabinet creation authorizations. 342 (7)REVIEW OF DEVELOPMENT AGREEMENTS.An independent 343 special district is precluded from complying with the terms of 344 any development agreement, or any other agreement for which the 345 development agreement serves in whole or part as consideration, 346 which is executed within 3 months preceding the effective date 347 of a law modifying the manner of selecting members of the 348 governing body of the independent special district from election 349 to appointment or from appointment to election. The newly 350 elected or appointed governing body of the independent special 351 district shall review within 4 months of taking office any 352 development agreement or any other agreement for which the 353 development agreement serves in whole or part as consideration 354 and shall, after such review, vote on whether to seek readoption 355 of such agreement. This subsection shall apply to any 356 development agreement that is in effect on, or is executed 357 after, the effective date of this section. This subsection 358 expires July 1, 2028, unless reviewed and saved from repeal 359 through reenactment by the Legislature. 360 Section 6.Paragraph (a) of subsection (2) of section 361 189.08, Florida Statutes, is amended to read: 362 189.08Special district public facilities report. 363 (2)Each independent special district shall submit to each 364 local general-purpose government in which it is located a public 365 facilities report and an annual notice of any changes. The 366 public facilities report shall specify the following 367 information: 368 (a)A description of existing public facilities owned or 369 operated by the special district, and each public facility that 370 is operated by another entity, except a local general-purpose 371 government, through a lease or other agreement with the special 372 district. This description shall include the current capacity of 373 the facility, the current demands placed upon it, and its 374 location. This information shall be required in the initial 375 report and updated every 7 years at least 12 months before the 376 submission date of the evaluation and appraisal notification 377 letter of the appropriate local government required by s. 378 163.3191. The department shall post a schedule on its website, 379 based on the evaluation and appraisal notification schedule 380 prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a 381 special district to determine when its public facilities report 382 and updates to that report are due to the local general-purpose 383 governments in which the special district is located. 384 Section 7.Except as otherwise expressly provided in this 385 act and except for this section, which shall take effect upon 386 becoming a law, this act shall take effect July 1, 2023.