Bill Text: FL S1604 | 2023 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Land Use and Development Regulations

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2023-05-08 - Chapter No. 2023-31 [S1604 Detail]

Download: Florida-2023-S1604-Comm_Sub.html

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       Florida Senate - 2023                      CS for CS for SB 1604
       
       
        
       By the Committees on Rules; and Community Affairs; and Senator
       Ingoglia
       
       
       
       
       595-04062-23                                          20231604c2
    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; deleting the definition of the terms
   39         “planned unit development” or “master planned
   40         community”; amending s. 189.031, F.S.; precluding an
   41         independent special district from complying with the
   42         terms of certain development agreements under certain
   43         circumstances; requiring a newly elected or appointed
   44         governing body to review, within a certain timeframe,
   45         certain agreements and vote on whether to seek
   46         readoption of such agreement; providing retroactive
   47         applicability; providing for future expiration;
   48         amending s. 189.08, F.S.; conforming a cross
   49         reference; providing effective dates.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraph (a) of subsection (5) of section
   54  163.3177, Florida Statutes, is amended to read:
   55         163.3177 Required and optional elements of comprehensive
   56  plan; studies and surveys.—
   57         (5)(a) Each local government comprehensive plan must
   58  include at least two planning periods, one covering at least the
   59  first 10-year 5-year period occurring after the plan’s adoption
   60  and one covering at least a 20-year 10-year period. Additional
   61  planning periods for specific components, elements, land use
   62  amendments, or projects shall be permissible and accepted as
   63  part of the planning process.
   64         Section 2. Section 163.3191, Florida Statutes, is amended
   65  to read:
   66         163.3191 Evaluation and appraisal of comprehensive plan.—
   67         (1) At least once every 7 years, each local government
   68  shall evaluate its comprehensive plan to determine if plan
   69  amendments are necessary to reflect a minimum planning period of
   70  at least 10 years as provided in s. 163.3177(5) or to reflect
   71  changes in state requirements in this part since the last update
   72  of the comprehensive plan, and notify the state land planning
   73  agency as to its determination. The notification must include a
   74  separate affidavit, signed by the chair of the governing body of
   75  the county or the mayor of the municipality, attesting that all
   76  elements of its comprehensive plan comply with this subsection.
   77  The affidavit must also include a certification that the adopted
   78  comprehensive plan contains the minimum planning period of 10
   79  years, as provided in s. 163.3177(5), and must cite the source
   80  and date of the population projections used in establishing the
   81  10-year planning period.
   82         (2) If the local government determines amendments to its
   83  comprehensive plan are necessary to reflect changes in state
   84  requirements, the local government must shall prepare and
   85  transmit within 1 year such plan amendment or amendments for
   86  review pursuant to s. 163.3184.
   87         (3) Local governments shall are encouraged to
   88  comprehensively evaluate and, as necessary, update comprehensive
   89  plans to reflect changes in local conditions. Plan amendments
   90  transmitted pursuant to this section must shall be reviewed
   91  pursuant to s. 163.3184(4). Updates to the required elements and
   92  optional elements of the comprehensive plan must be processed in
   93  the same plan amendment cycle.
   94         (4) If a local government fails to submit the its letter
   95  and affidavit prescribed by subsection (1) or to transmit the
   96  update to its plan pursuant to subsection (3) within 1 year
   97  after the date the letter was transmitted to the state land
   98  planning agency (2), it may not initiate or adopt any publicly
   99  initiated plan amendments to amend its comprehensive plan until
  100  such time as it complies with this section, unless otherwise
  101  required by general law. This prohibition on plan amendments
  102  does not apply to privately initiated plan amendments. The
  103  failure of the local government to timely update its plan may
  104  not be the basis for the denial of privately initiated
  105  comprehensive plan amendments.
  106         (5) If it is determined that a local government has failed
  107  to update its comprehensive plan pursuant to this section, the
  108  state land planning agency must provide the required population
  109  projections that must be used by the local government to update
  110  the comprehensive plan. The local government shall initiate an
  111  update to its comprehensive plan within 3 months following the
  112  receipt of the population projections and must transmit the
  113  update within 12 months. If the state land planning agency finds
  114  the update is not in compliance, it must establish the timeline
  115  to address the deficiencies, not to exceed an additional 12
  116  month period. If the update is challenged by a third party, the
  117  local government may seek approval from the state land planning
  118  agency to process publicly initiated plan amendments that are
  119  necessary to accommodate population growth during the pendency
  120  of the litigation. During the update process, the local
  121  government may provide alternative population projections based
  122  on professionally accepted methodologies, but only if those
  123  population projections exceed the population projections
  124  provided by the state land planning agency and only if the
  125  update is completed within the timeframe set forth in this
  126  subsection.
  127         (6) The state land planning agency may not adopt rules to
  128  implement this section, other than procedural rules or a
  129  schedule indicating when local governments must comply with the
  130  requirements of this section.
  131         Section 3. Paragraphs (a) and (b) of subsection (5) of
  132  section 163.3202, Florida Statutes, are amended to read:
  133         163.3202 Land development regulations.—
  134         (5)(a) Land development regulations relating to building
  135  design elements may not be applied to a single-family or two
  136  family dwelling unless:
  137         1. The dwelling is listed in the National Register of
  138  Historic Places, as defined in s. 267.021(5); is located in a
  139  National Register Historic District; or is designated as a
  140  historic property or located in a historic district, under the
  141  terms of a local preservation ordinance;
  142         2. The regulations are adopted in order to implement the
  143  National Flood Insurance Program;
  144         3. The regulations are adopted pursuant to and in
  145  compliance with chapter 553;
  146         4. The dwelling is located in a community redevelopment
  147  area, as defined in s. 163.340(10);
  148         5. The regulations are required to ensure protection of
  149  coastal wildlife in compliance with s. 161.052, s. 161.053, s.
  150  161.0531, s. 161.085, s. 161.163, or chapter 373; or
  151         6. The dwelling is located in a planned unit development or
  152  master planned community created pursuant to a local ordinance,
  153  resolution, or other final action approved by the local
  154  governing body; or
  155         7. The dwelling is located within the jurisdiction of a
  156  local government that has a design review board or an
  157  architectural review board created before January 1, 2020.
  158         (b) For purposes of this subsection, the term:
  159         1. “building design elements” means the external building
  160  color; the type or style of exterior cladding material; the
  161  style or material of roof structures or porches; the exterior
  162  nonstructural architectural ornamentation; the location or
  163  architectural styling of windows or doors; the location or
  164  orientation of the garage; the number and type of rooms; and the
  165  interior layout of rooms. The term does not include the height,
  166  bulk, orientation, or location of a dwelling on a zoning lot; or
  167  the use of buffering or screening to minimize potential adverse
  168  physical or visual impacts or to protect the privacy of
  169  neighbors.
  170         2. “Planned unit development” or “master planned community”
  171  means an area of land that is planned and developed as a single
  172  entity or in approved stages with uses and structures
  173  substantially related to the character of the entire
  174  development, or a self-contained development in which the
  175  subdivision and zoning controls are applied to the project as a
  176  whole rather than to individual lots.
  177         Section 4. Effective upon becoming a law, subsection (7) is
  178  added to section 189.031, Florida Statutes, to read:
  179         189.031 Legislative intent for the creation of independent
  180  special districts; special act prohibitions; model elements and
  181  other requirements; local general-purpose government/Governor
  182  and Cabinet creation authorizations.—
  183         (7) REVIEW OF DEVELOPMENT AGREEMENTS.—An independent
  184  special district is precluded from complying with the terms of
  185  any development agreement, or any other agreement for which the
  186  development agreement serves in whole or part as consideration,
  187  which is executed within 3 months preceding the effective date
  188  of a law modifying the manner of selecting members of the
  189  governing body of the independent special district from election
  190  to appointment or from appointment to election. The newly
  191  elected or appointed governing body of the independent special
  192  district shall review within 4 months of taking office any
  193  development agreement or any other agreement for which the
  194  development agreement serves in whole or part as consideration
  195  and shall, after such review, vote on whether to seek readoption
  196  of such agreement. This subsection shall apply to any
  197  development agreement that is in effect on, or is executed
  198  after, the effective date of this section. This subsection
  199  expires July 1, 2028, unless reviewed and saved from repeal
  200  through reenactment by the Legislature.
  201         Section 5. Paragraph (a) of subsection (2) of section
  202  189.08, Florida Statutes, is amended to read:
  203         189.08 Special district public facilities report.—
  204         (2) Each independent special district shall submit to each
  205  local general-purpose government in which it is located a public
  206  facilities report and an annual notice of any changes. The
  207  public facilities report shall specify the following
  208  information:
  209         (a) A description of existing public facilities owned or
  210  operated by the special district, and each public facility that
  211  is operated by another entity, except a local general-purpose
  212  government, through a lease or other agreement with the special
  213  district. This description shall include the current capacity of
  214  the facility, the current demands placed upon it, and its
  215  location. This information shall be required in the initial
  216  report and updated every 7 years at least 12 months before the
  217  submission date of the evaluation and appraisal notification
  218  letter of the appropriate local government required by s.
  219  163.3191. The department shall post a schedule on its website,
  220  based on the evaluation and appraisal notification schedule
  221  prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a
  222  special district to determine when its public facilities report
  223  and updates to that report are due to the local general-purpose
  224  governments in which the special district is located.
  225         Section 6. Except as otherwise expressly provided in this
  226  act and except for this section, which shall take effect upon
  227  becoming a law, this act shall take effect July 1, 2023.