Florida Senate - 2023 SB 1604 By Senator Ingoglia 11-00357C-23 20231604__ Page 1 of 21 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to land use and development 2 regulations; amending s. 163.3164, F.S.; revising 3

definitions; amending s. 163.3177, F.S.; revising the 4 types of data that comprehensive plans and plan 5 amendments must be based on; revising provisions 6 related to coordination of local comprehensive plan 7 elements; prohibiting optional elements of the 8 comprehensive plan from containing certain policies; 9 revising the planning periods that must be included in 10 a comprehensive plan; revising the elements that must 11 be included in a comprehensive plan; amending s. 12 163.3191, F.S.; requiring local governments to 13 determine if plan amendments are necessary to reflect 14 a certain minimum planning period; specifying 15 requirements for a certain notification; requiring, 16 rather than encouraging, a local government to 17 comprehensively evaluate and update its comprehensive 18 plan to reflect changes in local conditions; 19 specifying the requirements for updating the required 20 and optional elements of the comprehensive plan; 21 prohibiting a local government from initiating or 22 adopting publicly initiated plan amendments to its 23 comprehensive plan when it fails to meet certain 24 requirements; providing applicability; providing that 25 a failure of a local government to update its 26 comprehensive plan must not be the basis for a certain 27 denial of plan amendments; requiring the state land 28 planning agency to provide population projections when 29

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 2 of 21 CODING: Words stricken are deletions; words underlined are additions. a local government fails to update its comprehensive 30 plan; requiring the local government to update its 31 comprehensive plan within a certain timeframe after 32 receiving the population projections; authorizing the 33 local government to provide certain alternative 34 population projections under certain circumstances; 35 amending s. 163.3202, F.S.; revising requirements for 36 local land development regulations; prohibiting 37 certain levels of service from being the basis for the 38 denial of a development order or permit; revising 39 exceptions to applicability of land development 40 regulations relating to single-family or two-family 41 dwelling building design elements; deleting the 42 definition of “planned unit development” or “master 43 planned community”; amending s. 163.3246, F.S.; 44 revising criteria to evaluate the effectiveness of a 45 certain certification process; amending s. 189.08, 46 F.S.; conforming a cross-reference; amending s. 47 479.01, F.S.; conforming a provision to changes made 48 by the act; providing an effective date. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52

Section 1. Subsections (12), (22), (51), and (52) of 53

section 163.3164, Florida Statutes, are amended to read: 54 163.3164 Community Planning Act;

definitions.—As used in 55 this act: 56 (12) “Density” means an objective measurement of the number 57 of people or residential units allowed per unit of land, such as 58

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 3 of 21 CODING: Words stricken are deletions; words underlined are additions. dwelling units residents or employees per acre. 59 (22) “Intensity” means an objective measurement of the 60 extent to which land may be developed or used expressed in 61 square feet per unit of land, such as a maximum floor ratio per 62 acre, including the consumption or use of the space above, on, 63 or below ground; the measurement of the use of or demand on 64 natural resources; and the measurement of the use of or demand 65 on facilities and services. 66 (51) “Urban service area” means areas identified in the 67 comprehensive plan where public facilities and services, 68 including, but not limited to, central water and sewer capacity 69 and roads, are already in place or may be expanded through 70 investment by the local government or the private sector; and 71 all lands located in any county or municipality designated as a 72 dense urban land area as described in s. 380.0651(3)(

a) are 73 identified in the capital improvements element. The term 74 includes any areas identified in the comprehensive plan as urban 75 service areas, regardless of local government limitation. 76 (52) “Urban sprawl” means an unplanned and uncontrolled a 77 development pattern characterized by low density, automobile-78 dependent development with either a single use or multiple uses 79 that are not functionally related, requiring the extension of 80 public facilities and services in an inefficient manner, and 81 failing to provide a clear separation between urban and rural 82 uses. 83

Section 2. Paragraph (

f) of subsection (1), subsection (2), 84 paragraph (

a) of subsection (5), and paragraph (

a) of subsection 85 (6) of

section 163.3177, Florida Statutes, are amended to read: 86 163.3177 Required and optional elements of comprehensive 87

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 4 of 21 CODING: Words stricken are deletions; words underlined are additions. plan; studies and surveys.— 88

(1) The comprehensive plan shall provide the principles, 89 guidelines, standards, and strategies for the orderly and 90 balanced future economic, social, physical, environmental, and 91 fiscal development of the area that reflects community 92 commitments to implement the plan and its elements. These 93 principles and strategies shall guide future decisions in a 94 consistent manner and shall contain programs and activities to 95 ensure comprehensive plans are implemented.

The sections of the 96 comprehensive plan containing the principles and strategies, 97 generally provided as goals, objectives, and policies, shall 98 describe how the local government’s programs, activities, and 99 land development regulations will be initiated, modified, or 100 continued to implement the comprehensive plan in a consistent 101 manner. It is not the intent of this part to require the 102 inclusion of implementing regulations in the comprehensive plan 103 but rather to require identification of those programs, 104 activities, and land development regulations that will be

part 105 of the strategy for implementing the comprehensive plan and the 106 principles that describe how the programs, activities, and land 107 development regulations will be carried out. The plan shall 108 establish meaningful and predictable standards for the use and 109 development of land and provide meaningful guidelines for the 110 content of more detailed land development and use regulations. 111 (

f) All required mandatory and optional elements of the 112 comprehensive plan and plan amendments must shall be based upon 113 relevant and appropriate data and an analysis by the local 114 government that may include, but not be limited to, surveys, 115 studies, community goals and vision, and other data available at 116

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 5 of 21 CODING: Words stricken are deletions; words underlined are additions. the time of adoption of the comprehensive plan or plan 117 amendment. To be based on data means to react to it in an 118 appropriate way and to the extent necessary indicated by the 119 data available on that particular subject at the time of 120 adoption of the plan or plan amendment at issue. 121 1. Surveys, studies, and data utilized in the preparation 122 of the comprehensive plan may not be deemed a part of the 123 comprehensive plan unless adopted as a part of it.

Copies of 124 such studies, surveys, data, and supporting documents for 125 proposed plans and plan amendments must shall be made available 126 for public inspection, and copies of such plans must shall be 127 made available to the public upon payment of reasonable charges 128 for reproduction. Support data or summaries shall be are not 129 subject to the compliance review process, but the comprehensive 130 plan must be clearly based on appropriate data. Support data or 131 summaries may be used to aid in the determination of compliance 132 and consistency. 133 2.

Data must be taken from professionally accepted sources. 134 The application of a methodology utilized in data collection or 135 whether a particular methodology is professionally accepted may 136 be evaluated. However, the evaluation may not include whether 137 one accepted methodology is better than another. Original data 138 collection by local governments is not required. However, local 139 governments may use original data so long as methodologies are 140 professionally accepted. 141 3.

The comprehensive plan must shall be based upon 142 permanent and seasonal population estimates and projections, 143 which must shall either be those published by the Office of 144 Economic and Demographic Research or generated by the local 145

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 6 of 21 CODING: Words stricken are deletions; words underlined are additions. government based upon a professionally acceptable methodology, 146 whichever is greater. The plan must be based on at least the 147 minimum amount of land required to accommodate the medium 148 projections as published by the Office of Economic and 149 Demographic Research for at least a 10-year planning period 150 unless otherwise limited under s. 380.05, including related 151 rules of the Administration Commission.

Absent physical 152 limitations on population growth, population projections for 153 each municipality, and the unincorporated area within a county 154 must, at a minimum, be reflective of each area’s proportional 155 share of the total county population and the total county 156 population growth. 157

(2) Coordination of the required and optional several 158 elements of the local comprehensive plan must shall be a major 159 objective of the planning process. The required and optional 160 several elements of the comprehensive plan must shall be 161 consistent. Optional elements of the comprehensive plan may not 162 contain policies that restrict the density or intensity 163 established in the future land use element.

Where data is 164 relevant to required and optional several elements, consistent 165 data must shall be used, including population estimates and 166 projections unless alternative data can be justified for a plan 167 amendment through new supporting data and analysis. Each map 168 depicting future conditions must reflect the principles, 169 guidelines, and standards within all elements, and each such map 170 must be contained within the comprehensive plan. 171 (5)(

a) Each local government comprehensive plan must 172 include at least two planning periods, one covering at least the 173 first 10-year 5-year period occurring after the plan’s adoption 174

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 7 of 21 CODING: Words stricken are deletions; words underlined are additions. and one covering at least a 20-year 10-year period. Additional 175 planning periods for specific components, elements, land use 176 amendments, or projects shall be permissible and accepted as 177 part of the planning process. 178

(6) In addition to the requirements of subsections (1)-(5), 179 the comprehensive plan shall include the following elements: 180 (

a) A future land use plan element designating proposed 181 future general distribution, location, and extent of the uses of 182 land for residential uses, commercial uses, industry, 183 agriculture, recreation, conservation, education, public 184 facilities, and other categories of the public and private uses 185 of land. The approximate acreage and the general range of 186 density or intensity of use must shall be provided for the gross 187 land area included in each existing land use category.

The 188 element must shall establish the long-term end toward which land 189 use programs and activities are ultimately directed. 190 1. Each future land use category must be defined in terms 191 of uses included, and must include standards to be followed in 192 the control and distribution of population densities and 193 building and structure intensities. The proposed distribution, 194 location, and extent of the various categories of land use must 195 shall be shown on a land use map or map series which is shall be 196 supplemented by goals, policies, and measurable objectives. 197 2.

The future land use plan and plan amendments must shall 198 be based upon surveys, studies, and data regarding the area, as 199 applicable, including: 200 a. The amount of land required to accommodate anticipated 201 growth. 202 b. The projected permanent and seasonal population of the 203

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 8 of 21 CODING: Words stricken are deletions; words underlined are additions. area. 204 c. The character of undeveloped land. 205 d. The availability of water supplies, public facilities, 206 and services. 207 e. The need for redevelopment, including the renewal of 208 blighted areas and the elimination of nonconforming uses which 209 are inconsistent with the character of the community. 210 f. The compatibility of uses on lands adjacent to or 211 closely proximate to military installations. 212 g.

The compatibility of uses on lands adjacent to an 213 airport as defined in s. 330.35 and consistent with s. 333.02. 214 h. The discouragement of urban sprawl. 215 i. The need for job creation, capital investment, and 216 economic development that will strengthen and diversify the 217 community’s economy. 218 j. The need to modify land uses and development patterns 219 within antiquated subdivisions. 220 3. The future land use plan element must shall include 221 criteria to be used to: 222 a.

Achieve the compatibility of lands adjacent or closely 223 proximate to military installations, considering factors 224 identified in s. 163.3175(5). 225 b. Achieve the compatibility of lands adjacent to an 226 airport as defined in s. 330.35 and consistent with s. 333.02. 227 c. Encourage preservation of recreational and commercial 228 working waterfronts for water-dependent uses in coastal 229 communities. 230 d. Encourage the location of schools proximate to urban 231 service residential areas, to the extent possible, and encourage 232

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 9 of 21 CODING: Words stricken are deletions; words underlined are additions. the location of schools in all areas if necessary to provide 233 adequate school capacity to serve residential development. 234 e. Coordinate future land uses with the topography and soil 235 conditions, and the availability of facilities and services. 236 f. Ensure the protection of natural and historic resources. 237 g. Provide for the compatibility of adjacent land uses. 238 h.

Provide guidelines for the implementation of mixed-use 239 development including the types of uses allowed, the percentage 240 distribution among the mix of uses, or other standards, and the 241 density and intensity of each use. 242 4.

The amount of land designated for future planned uses 243 must shall provide a balance of uses that foster vibrant, viable 244 communities and economic development opportunities and address 245 outdated development patterns, such as antiquated subdivisions. 246 The amount of land designated for future land uses should allow 247 the operation of real estate markets to provide adequate choices 248 for permanent and seasonal residents and business and may not be 249 limited solely by the projected population.

The element must 250 shall accommodate at least the minimum amount of land required 251 to accommodate the medium projections as published by the Office 252 of Economic and Demographic Research for at least a 10-year 253 planning period unless otherwise limited under s. 380.05, 254 including related rules of the Administration Commission. 255 5. The future land use plan of a county may designate areas 256 for possible future municipal incorporation. 257 6.

The land use maps or map series must shall generally 258 identify and depict historic district boundaries and must shall 259 designate historically significant properties meriting 260 protection. 261

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 10 of 21 CODING: Words stricken are deletions; words underlined are additions. 7. The future land use element must clearly identify the 262 land use categories in which public schools are an allowable 263 use.

When delineating the land use categories in which public 264 schools are an allowable use, a local government shall include 265 in the categories sufficient land proximate to residential 266 development to meet the projected needs for schools in 267 coordination with public school boards and may establish 268 differing criteria for schools of different type or size. Each 269 local government shall include lands contiguous to existing 270 school sites, to the maximum extent possible, within the land 271 use categories in which public schools are an allowable use. 272 8.

Future land use map amendments must shall be based upon 273 the following analyses: 274 a. An analysis of the availability of facilities and 275 services. 276 b. An analysis of the suitability of the plan amendment for 277 its proposed use considering the character of the undeveloped 278 land, soils, topography, natural resources, and historic 279 resources on site. 280 c. An analysis of the minimum amount of land needed to 281 achieve the goals and requirements of this section. 282 9.

The future land use element must and any amendment to 283 the future land use element shall discourage the proliferation 284 of urban sprawl by planning for future development as provided 285 in this section. 286 a. The primary indicators that a plan or plan amendment 287 does not discourage the proliferation of urban sprawl are listed 288 below. The evaluation of the presence of these indicators shall 289 consist of an analysis of the plan or plan amendment within the 290

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 11 of 21 CODING: Words stricken are deletions; words underlined are additions. context of features and characteristics unique to each locality 291 in order to determine whether the plan or plan amendment: 292 (

I) Promotes, allows, or designates for development 293 substantial areas of the jurisdiction to develop as low-294 intensity, low-density, or single-use development or uses. 295 (II) Promotes, allows, or designates significant amounts of 296 urban development to occur in rural areas at substantial 297 distances from existing urban areas while not using undeveloped 298 lands that are available and suitable for development. 299 (III) Promotes, allows, or designates urban development in 300 radial, strip, isolated, or ribbon patterns generally emanating 301 from existing urban developments. 302 (IV) Fails to adequately protect and conserve natural 303 resources, such as wetlands, floodplains, native vegetation, 304 environmentally sensitive areas, natural groundwater aquifer 305 recharge areas, lakes, rivers, shorelines, beaches, bays, 306 estuarine systems, and other significant natural systems. 307 (

V) Fails to adequately protect adjacent agricultural areas 308 and activities, including silviculture, active agricultural and 309 silvicultural activities, passive agricultural activities, and 310 dormant, unique, and prime farmlands and soils. 311 (VI) Fails to maximize use of existing public facilities 312 and services. 313 (VII) Fails to maximize use of future public facilities and 314 services. 315 (VIII) Allows for land use patterns or timing which 316 disproportionately increase the cost in time, money, and energy 317 of providing and maintaining facilities and services, including 318 roads, potable water, sanitary sewer, stormwater management, law 319

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 12 of 21 CODING: Words stricken are deletions; words underlined are additions. enforcement, education, health care, fire and emergency 320 response, and general government. 321 (IX) Fails to provide a clear separation between rural and 322 urban uses. 323 (

X) Discourages or inhibits infill development or the 324 redevelopment of existing neighborhoods and communities. 325 (XI) Fails to encourage a functional mix of uses. 326 (XII) Results in poor accessibility among linked or related 327 land uses. 328 (XIII) Results in the loss of significant amounts of 329 functional open space. 330 b. The future land use element or plan amendment shall be 331 determined to discourage the proliferation of urban sprawl if it 332 incorporates a development pattern or urban form that achieves 333 four or more of the following: 334 (

I) Directs or locates economic growth and associated land 335 development to geographic areas of the community in a manner 336 that does not have an adverse impact on and protects natural 337 resources and ecosystems. 338 (II) Promotes the efficient and cost-effective provision or 339 extension of public infrastructure and services. 340 (III) Promotes walkable and connected communities and 341 provides for compact development and a mix of uses at densities 342 and intensities that will support a range of housing choices and 343 a multimodal transportation system, including pedestrian, 344 bicycle, and transit, if available. 345 (IV) Promotes conservation of water and energy. 346 (

V) Preserves agricultural areas and activities, including 347 silviculture, and dormant, unique, and prime farmlands and 348

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 13 of 21 CODING: Words stricken are deletions; words underlined are additions. soils. 349 (VI) Preserves open space and natural lands and provides 350 for public open space and recreation needs. 351 (VII) Creates a balance of land uses based upon demands of 352 the residential population for the nonresidential needs of an 353 area. 354 (VIII) Provides uses, densities, and intensities of use and 355 urban form that would remediate an existing or planned 356 development pattern in the vicinity that constitutes sprawl or 357 if it provides for an innovative development pattern such as 358 transit-oriented developments or new towns as defined in s. 359 163.3164. 360 10.

The future land use element must shall include a future 361 land use map or map series. 362 a. The proposed distribution, extent, and location of the 363 following uses must shall be shown on the future land use map or 364 map series: 365 (

I) Residential. 366 (II) Commercial. 367 (III) Industrial. 368 (IV) Agricultural. 369 (

V) Recreational. 370 (VI) Conservation. 371 (VII) Educational. 372 (VIII) Public. 373 b. The following areas must shall also be shown on the 374 future land use map or map series, if applicable: 375 (

I) Historic district boundaries and designated 376 historically significant properties. 377

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 14 of 21 CODING: Words stricken are deletions; words underlined are additions. (II) Transportation concurrency management area boundaries 378 or transportation concurrency exception area boundaries. 379 (III) Multimodal transportation district boundaries. 380 (IV) Mixed-use categories. 381 c. The following natural resources or conditions must shall 382 be shown on the future land use map or map series, if 383 applicable: 384 (

I) Existing and planned public potable waterwells, cones 385 of influence, and wellhead protection areas. 386 (II) Beaches and shores, including estuarine systems. 387 (III) Rivers, bays, lakes, floodplains, and harbors. 388 (IV) Wetlands. 389 (

V) Minerals and soils. 390 (VI) Coastal high hazard areas. 391

Section

Section 163.3191, Florida Statutes, is amended 392 to read: 393 163.3191 Evaluation and appraisal of comprehensive plan.— 394

(1) At least once every 7 years, each local government 395 shall evaluate its comprehensive plan to determine if plan 396 amendments are necessary to reflect a minimum planning period of 397 at least 10 years as provided in s. 163.3177(5) or to reflect 398 changes in state requirements in this part since the last update 399 of the comprehensive plan, and notify the state land planning 400 agency as to its determination. The notification must include a 401 separate affidavit, signed by the executive officer, attesting 402 that all elements of its comprehensive plan comply with this 403 subsection.

The affidavit must also include a certification that 404 the adopted comprehensive plan contains the minimum planning 405 period of 10 years as provided in 163.3177(5) and must cite the 406

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 15 of 21 CODING: Words stricken are deletions; words underlined are additions. source and date of the population projections used in 407 establishing of the 10-year planning period. 408

(2) If the local government determines amendments to its 409 comprehensive plan are necessary to reflect changes in state 410 requirements, the local government shall prepare and transmit 411 within 1 year such plan amendment or amendments for review 412 pursuant to s. 163.3184. 413

(3) Local governments shall are encouraged to 414 comprehensively evaluate and, as necessary, update comprehensive 415 plans to reflect changes in local conditions. Plan amendments 416 transmitted pursuant to this

section must shall be reviewed 417 pursuant to s. 163.3184(4). Updates to the required elements of 418 the comprehensive plan must be processed in the same plan 419 amendment cycle. Optional elements of the comprehensive plan may 420 not be updated until the required elements have been updated, 421 unless otherwise required by general law. 422

(4) If a local government fails to submit the its letter 423 and affidavit prescribed by subsection (1) or update its plan 424 pursuant to this subsection within 1 year from the date the 425 letter was transmitted to the state land planning agency (2), it 426 may not initiate or adopt any publicly initiated plan amendments 427 to amend its comprehensive plan until such time as it complies 428 with this section, unless otherwise required by general law. 429 This prohibition on plan amendments does not apply to privately 430 initiated plan amendments.

The failure of the local government 431 to timely update its plan shall not be the basis for the denial 432 of privately initiated comprehensive plan amendments. 433

(5) If it is determined that a local government has failed 434 to update its comprehensive plan pursuant to this section, the 435

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 16 of 21 CODING: Words stricken are deletions; words underlined are additions. state land planning agency shall provide the required population 436 projections that must be used by the local government to update 437 the comprehensive plan. The local government shall initiate an 438 update to its comprehensive plan within 3 months following the 439 receipt of the population projections and must complete the 440 update within 12 months.

During the update process, the local 441 government may provide alternative population projections based 442 on professionally accepted methodologies, but only if those 443 population projections exceed the population projections 444 provided by the state land planning agency and only if the 445 update is completed within the timeframe set forth in this 446 subsection. 447 (6)

(5) The state land planning agency may not adopt rules 448 to implement this section, other than procedural rules or a 449

schedule indicating when local governments must comply with the 450 requirements of this section. 451

Section 4. Present paragraphs (

b) through (

j) of subsection 452 (2) of

section 163.3202, Florida Statutes, are redesignated as 453 paragraphs (

d) through (l), respectively, new paragraphs (

b) and 454 (

c) are added to that subsection, and present paragraph (

g) of 455 subsection (2) and paragraphs (

a) and (

b) of subsection (5) of 456 that

section are amended, to read: 457 163.3202 Land development regulations.— 458

(2) Local land development regulations shall contain 459 specific and detailed provisions necessary or desirable to 460 implement the adopted comprehensive plan and shall at a minimum: 461 (

b) Establish minimum lot sizes within single-family, two-462 family, and fee simple, single-family townhouse zoning districts 463 to accommodate the maximum density authorized in the 464

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 17 of 21 CODING: Words stricken are deletions; words underlined are additions. comprehensive plan, net of the land area required to be set 465 aside for subdivision roads, sidewalks, stormwater ponds, open 466 space, landscape buffers and any other mandatory land 467 development regulations that require land to be set aside that 468 could otherwise be used for the development of single-family 469 homes, two-family homes, and fee-simple, single-family 470 townhouses. 471 (

c) Establish infill development standards for single-472 family homes, two-family homes, and fee-simple townhouse 473 dwelling units to allow for the administrative approval of 474 development of infill single-family homes, two-family homes, and 475 fee-simple, single-family townhouses. 476 (i)(

g) Provide that public facilities and services meet or 477 exceed the standards established in the capital improvements 478 element required by s. 163.3177 and are available when needed 479 for the development, or that development orders and permits are 480 conditioned on the availability of these public facilities and 481 services necessary to serve the proposed development.

A local 482 government may not issue a development order or permit that 483 results in a reduction in the level of services for the affected 484 public facilities below the adopted level of services provided 485 in the local government’s comprehensive plan. Levels of service 486 established in a comprehensive plan solely for planning purposes 487 may not be the basis for the denial of a development order or 488 permit. 489 (5)(

a) Land development regulations relating to building 490 design elements may not be applied to a single-family or two-491 family dwelling unless: 492 1. The dwelling is listed in the National Register of 493

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 18 of 21 CODING: Words stricken are deletions; words underlined are additions. Historic Places, as defined in s. 267.021(5); is located in a 494 National Register Historic District; or is designated as a 495 historic property or located in a historic district, under the 496 terms of a local preservation ordinance; 497 2. The regulations are adopted in order to implement the 498 National Flood Insurance Program; 499 3. The regulations are adopted pursuant to and in 500 compliance with

chapter 553; 501 4. The dwelling is located in a community redevelopment 502 area, as defined in s. 163.340(10); 503 5. The regulations are required to ensure protection of 504 coastal wildlife in compliance with s. 161.052, s. 161.053, s. 505 161.0531, s. 161.085, s. 161.163, or

chapter 373; 506 6. The dwelling is located in a planned unit development or 507 master planned community created pursuant to a local ordinance, 508 resolution, or other final action approved by the local 509 governing body; or 510 6.7. The dwelling is located within the jurisdiction of a 511 local government that has a design review board or an 512 architectural review board created before January 1, 2020. 513 (

b) For purposes of this subsection, the term: 514 1. “building design elements” means the external building 515 color; the type or style of exterior cladding material; the 516 style or material of roof structures or porches; the exterior 517 nonstructural architectural ornamentation; the location or 518 architectural styling of windows or doors; the location or 519 orientation of the garage; the number and type of rooms; and the 520 interior layout of rooms. The term does not include the height, 521 bulk, orientation, or location of a dwelling on a zoning lot; or 522

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 19 of 21 CODING: Words stricken are deletions; words underlined are additions. the use of buffering or screening to minimize potential adverse 523 physical or visual impacts or to protect the privacy of 524 neighbors. 525 2. “Planned unit development” or “master planned community” 526 means an area of land that is planned and developed as a single 527 entity or in approved stages with uses and structures 528 substantially related to the character of the entire 529 development, or a self-contained development in which the 530 subdivision and zoning controls are applied to the project as a 531 whole rather than to individual lots. 532

Section 5. Paragraph (

g) of subsection (5) of

section 533 163.3246, Florida Statutes, is amended to read: 534 163.3246 Local government comprehensive planning 535 certification program.— 536

(5) If the local government meets the eligibility criteria 537 of subsection (2), the state land planning agency shall certify 538 all or part of a local government by written agreement, which 539 shall be considered final agency action subject to challenge 540 under s. 120.569. The agreement must include the following 541 components: 542 (

g) Criteria to evaluate the effectiveness of the 543 certification process in achieving the community-development 544 goals for the certification area, including: 545 1. Measuring the compactness of growth, expressed as the 546 ratio between population growth and land consumed; 547 2. Increasing residential density and intensity intensities 548 of use; 549 3. Measuring and reducing vehicle miles traveled and 550 increasing the interconnectedness of the street system, 551

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 20 of 21 CODING: Words stricken are deletions; words underlined are additions. pedestrian access, and mass transit; 552 4. Measuring the balance between the location of jobs and 553 housing; 554 5. Improving the housing mix within the certification area, 555 including the provision of mixed-use neighborhoods, affordable 556 housing, and the creation of an affordable housing program if 557 such a program is not already in place; 558 6. Promoting mixed-use developments as an alternative to 559 single-purpose centers; 560 7.

Promoting clustered development having dedicated open 561 space; 562 8. Linking commercial, educational, and recreational uses 563 directly to residential growth; 564 9. Reducing per capita water and energy consumption; 565 10. Prioritizing environmental features to be protected and 566 adopting measures or programs to protect identified features; 567 11. Reducing hurricane shelter deficits and evacuation 568 times and implementing the adopted mitigation strategies; and 569 12. Improving coordination between the local government and 570 school board. 571

Section 6. Paragraph (

a) of subsection (2) of

section 572 189.08, Florida Statutes, is amended to read: 573 189.08 Special district public facilities report.— 574

(2) Each independent special district shall submit to each 575 local general-purpose government in which it is located a public 576 facilities report and an annual notice of any changes. The 577 public facilities report shall specify the following 578 information: 579 (

a) A description of existing public facilities owned or 580

Florida Senate - 2023 SB 1604 11-00357C-23 20231604__ Page 21 of 21 CODING: Words stricken are deletions; words underlined are additions. operated by the special district, and each public facility that 581 is operated by another entity, except a local general-purpose 582 government, through a lease or other agreement with the special 583 district. This description shall include the current capacity of 584 the facility, the current demands placed upon it, and its 585 location.

This information shall be required in the initial 586 report and updated every 7 years at least 12 months before the 587 submission date of the evaluation and appraisal notification 588 letter of the appropriate local government required by s. 589 163.3191. The department shall post a

schedule on its website, 590 based on the evaluation and appraisal notification

schedule 591 prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a 592 special district to determine when its public facilities report 593 and updates to that report are due to the local general-purpose 594 governments in which the special district is located. 595

Section 7. Subsection (29) of

section 479.01, Florida 596 Statutes, is amended to read: 597 479.01

Definitions.—As used in this chapter, the term: 598 (29) “Zoning category” means the designation under the land 599 development regulations or other similar ordinance enacted to 600 regulate the use of land as provided in s. 163.3202(2) s. 601 163.3202(2)(b), which designation sets forth the allowable uses, 602 restrictions, and limitations on use applicable to properties 603 within the category. 604

Section 8. This act shall take effect July 1, 2023. 605