Florida League of Cities

Land Use and Development Regulations (Oppose) – Passed 

CS/CS/SB 1604 (Ingoglia) makes a variety of changes relating to comprehensive plans and land development regulations.

Required Planning Periods for Comprehensive Plans

The bill revises the two statutory required planning periods that must be covered in a local government comprehensive plan from five to 10 years and from 10 to 20 years.  

Evaluation and Appraisal Reports, EAR-based Amendments and Population Projections

With respect to Evaluation and Appraisal Reports (EAR), the bill requires that when local governments notify the state land planning agency of a determination whether EAR-based plan amendments are needed, the notification must include a separate affidavit signed by the Chair or Mayor of the governing body, attesting that all elements of its comprehensive plan comply with section 163.3191, Florida Statutes. The affidavit must also certify that the adopted plan covers the minimum 10-year planning period and cite the source and date of the population projections used in establishing the 10-year planning period. The bill requires, rather than encourages, local governments to update plans to reflect changes in local conditions and specifies that updates to the required elements and optional elements of the plan be processed in the same amendment cycle. It specifies that if a local government fails to submit the letter and affidavit to the state land planning agency or fails to transmit the update to its plan within one year after the date the letter was transmitted to the state, the local government may not initiate or adopt any publicly initiated plan amendments until such time it complies with the requirements. It provides that the failure of a local government to timely update its plan may not be the basis for the denial of privately initiated plan amendments. If a local government fails to update its plan pursuant to state law, the state land planning agency must provide the required population projections to the local government. The local government must initiate an update to its plan within three months following receipt of the projections and shall transmit the update within 12 months. The bill authorizes local governments to provide alternative population projections based on professionally accepted methodologies, but only if those projections exceed the projections provided by the state. 

Regulation of Single-Family Residential Design Elements

In 2022, the Legislature amended section 163.3202 to prohibit local governments from regulating building design elements for single-family and two-family homes, with specified exceptions. The bill narrows two of the current law exceptions relating to planned unit developments and architectural review boards by specifying the exception applies only to planned unit developments approved before July 2023 and architectural review boards created before January 2020.  

Substation Approval Process

The bill amends the electric substation approval process in section 163.3208, Florida Statutes, by changing 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. In addition, the new language specifies that new and existing substations shall be a permitted use in all land use and zoning categories. 

Mobility Fees

The bill clarifies that if a local government adopts an alternative mobility funding system under section 163.3180(5)(i), Florida Statutes, 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 the impact fee was established.

Development Agreements of Independent Special Districts

Finally, the bill authorizes the review of a development agreement by an independent special district executed within three months preceding the effective date of a law modifying the makeup of the special district’s governing board. It requires the new governing board to review any development agreements within the initial four months of taking office.  

Effective date: July 1, 2023, except as otherwise provided. (Chapman)