CS/CS/CS/HB 439 (McClain) and CS/CS/SB 1604 (Ingoglia):
As amended, CS/CS/CS/HB 439 in its current form revises and amends a variety of elements impacting local government comprehensive planning as well as methodologies in data usage and planning period timeframes. The bills include local governments must comply with Special Magistrate decisions where land use decisions were challenged by petitioners who were previously denied. The amendments included in CS/CS/CS/HB 439 removed the sections pertaining to several key terms that were redefined such as Density, Intensity, Urban Service Area and Urban Sprawl. The amendment to the bill also removed the requirement for the use of the State Office of Economics, Demographics, and Research as the sole source of data for Comprehensive Planning. Further, the amendment deleted the removal of the consideration of Levels of Service as a basis for denying a petition. Planned Unit Developments are removed from this section of Florida Statutes pertaining to architectural/design standards. The bills also prohibit the formation of new Design Review Boards unless established before January 1, 2020. The bills have a retroactive date of January 1, 2023.
CS/CS/SB 1604 includes many of the same provisions of CS/CS/CS HB 439 but does not include that the Special Magistrate mandate and data source requirements are different to allow for local data input into comprehensive plans. CS/CS/SB 1604 was amended to remove the original language pertaining to the Special Magistrate decisions, the redefinitions section, the limitation on the use of local data, and the prohibition of using levels of service as a basis for denial. CS/CS/SB 1604 removes the ability of local governments to require certain design elements to single-family or two-family dwellings located in a planned unit development or master planned community. The bill also limits the application of those elements in communities with a design review board to only those boards adopted prior to January 1, 2020.
Both CS/CS/SB 1604 and CS/CS/CS/HB 439 were amended to allow for the review of the development agreement by an independent special district executed within three months preceding the effective date of a law modifying the makeup of the governing board. The new board shall review any development agreements within the initial four months of taking office.
CS/CS/439 was additionally amended to include the following:
•Electric substation approval process in Florida Statutes 163.3208 changes the definition of “distribution electric substation” to “electric substation” and expands the scope of the definition to include accessory administration, maintenance buildings and related accessory uses and structures. The language further includes that new and existing electric substations shall be permitted use in all land use categories in the application of local government comprehensive plan and zoning districts.
•Affordable housing approval process that would allow an applicant of a development order of an existing development of housing with demonstrated 25% of the dwelling units are affordable as defined in Section 420.0004 may be granted approval to expand the development to adjacent property in any future land use category if at least 25% of the expanded dwelling units are affordable at the time of the initial sale or lease.
•Local government mobility fees: If a local government adopts an alternative mobility funding system under Section 163.3180(5)(i), the holder of any transportation or road impact fee credits previously granted is entitled to the full benefit of the density or intensity prepaid by the credit balance as of the date of the impact fee was first established.
•CS/CS/SB 1604 was amended on the Senate Floor and reinstated language that design standards apply to planned unit developments or master planned communities approved before July 1, 2023. CS/CS/SB 1604 passed the Senate as amended (27-13) and is awaiting action by the House. (Chapman)