reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part I - Miscellaneous Programs (Ss. 163.01-163.211) › 163.02 - Councils of local public officials.

163.02 Councils of local public officials.—
(1) The governing bodies of any two or more counties, municipalities, special districts, or other governmental subdivisions of this state, or any of them, herein referred to as member local governments, may, by resolution, enter into an agreement with each other for the establishment of a council of local public officials. Any council established under the authority of this section shall be a corporation not for profit.
(2) Representation on the council shall be in the manner provided in the agreement establishing the council. The representative from each member local government shall be the elected chief executive of said local government or, if such government does not have an elected chief executive, a member of its governing body chosen by such body to be its representative. Any member may withdraw from the council upon 60 days’ notice subsequent to formal action by its governing body.
(3) The local government council shall have the power to:
(a) Study such area governmental problems as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions, and area development;
(b) Promote cooperative arrangements and coordinate action among its members; and
(c) Make recommendations for review and action to the members and other public agencies that perform local functions and services within the area.
(4) The council shall adopt bylaws designating the officers of the council and providing for the conduct of its business. The council may employ a staff, consult and retain experts, and purchase or lease or otherwise provide for such supplies, materials, equipment and facilities as it deems desirable and necessary.
(5)(a) The governing bodies of the member governments may appropriate funds to meet the necessary expenses of the council. Services of personnel, use of equipment and office space, and other necessary services may be accepted from members as part of their financial support.
(b) The council may accept funds, grants, gifts, and services from the state, from any other governmental unit, whether participating in the council or not, from the Government of the United States, and from private and civic sources.
(c) The council shall make an annual public report of its activities to each of the member local governments, and shall have its accounts audited annually.
History.—ss. 1, 2, 3, 4, 5, ch. 69-69.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part I - Miscellaneous Programs (Ss. 163.01-163.211) › 163.04 - Energy devices based on renewable resources.

163.04 Energy devices based on renewable resources.—
(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.
(2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.
(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.
History.—s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249; s. 1, ch. 2008-191; s. 3, ch. 2008-227.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part I - Miscellaneous Programs (Ss. 163.01-163.211) › 163.045 - Tree pruning, trimming, or removal on residential property.

163.045 Tree pruning, trimming, or removal on residential property.—
(1) For purposes of this section, the term:
(a) “Documentation” means an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect.
(b) “Residential property” means a single-family, detached building located on a lot that is actively used for single-family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the local jurisdiction’s applicable land development regulations.
(2) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017).
(3) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.
(4) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333.
History.—s. 1, ch. 2019-155; s. 1, ch. 2022-121.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part I - Miscellaneous Programs (Ss. 163.01-163.211) › 163.061 - Miami River Commission; unanimous vote required for certain acts.

163.061 Miami River Commission; unanimous vote required for certain acts.—
(1) No item, motion, directive, or policy position that would impact or in any way diminish levels of currently permitted commercial activity on the Miami River or riverfront properties shall be adopted by the Miami River Commission unless passed by a unanimous vote of the appointed members of the commission then in office.
(2) No item, motion, directive, or policy position suggesting, proposing, or otherwise promoting additional taxes, fees, charges, or any other financial obligation on owners of riverfront property or shipping companies or operators shall be adopted by the Miami River Commission unless passed by a unanimous vote of all appointed members of the commission then in office.
History.—ss. 6, 7, ch. 98-402; s. 1, ch. 2003-123.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part I - Miscellaneous Programs (Ss. 163.01-163.211) › 163.065 - Miami River Improvement Act.

163.065 Miami River Improvement Act.—
(1) SHORT TITLE.—This section may be cited as the “Miami River Improvement Act.”
(2) FINDINGS; PURPOSE.—
(a) The Miami River Commission was created by chapter 98-402, Laws of Florida, to be the official coordinating clearinghouse for all public policy and projects related to the Miami River.
(b) The United States Congress has provided funding for an initial federal share of 80 percent for the environmental and navigational improvements to the Miami River. The governments of the City of Miami and Miami-Dade County are coordinating with the Legislature and the Florida Department of Environmental Protection to determine how the 20-percent local share will be provided.
(c) Successful revitalizing and sustaining the urban redevelopment of the areas adjacent to the Miami River is dependent on addressing, through an integrated and coordinated intergovernmental plan, a range of varied components essential to a healthy urban environment, including cultural, recreational, economic, and transportation components.
(d) The purpose of this section is to ensure a coordinated federal, state, regional, and local effort to improve the Miami River and adjacent areas.
(3) AGENCY ASSISTANCE.—All state and regional agencies shall provide all available assistance to the Miami River Commission in the conduct of its activities.
(4) PLAN.—The Miami River Commission, working with the City of Miami and Miami-Dade County, shall consider the merits of the following:
(a) Development and adoption of an urban infill and redevelopment plan, under ss. 163.2511-163.2520, which participating state and regional agencies shall review for the purposes of determining consistency with applicable law.
(b) Development of a greenway/riverwalk and blueway, where appropriate, as authorized in s. 260.011, to provide an attractive and safe connector system of bicycle, pedestrian, and transit routes and water taxis to link jobs, waterfront amenities, and people, and contribute to the comprehensive revitalization of the Miami River.
History.—s. 26, ch. 2000-170; s. 23, ch. 2001-60; s. 185, ch. 2010-102; s. 2, ch. 2012-90.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part I - Miscellaneous Programs (Ss. 163.01-163.211) › 163.211 - Licensing of occupations preempted to state.

163.211 Licensing of occupations preempted to state.—
(1) DEFINITIONS.—As used in this section:
(a) “Licensing” means any training, education, test, certification, registration, or license that is required for a person to perform an occupation in addition to any associated fee.
(b) “Local government” means a county, municipality, special district, or political subdivision of the state.
(c) “Occupation” means a paid job, profession, work, line of work, trade, employment, position, post, career, field, vocation, or craft.
(2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.—The licensing of occupations is expressly preempted to the state, and this section supersedes any local government licensing requirement of occupations with the exception of the following:
(a) Any local government that imposed licenses on occupations before January 1, 2021. However, any such local government licensing of occupations expires on July 1, 2024.
(b) Any local government licensing of occupations authorized by general law.
(3) EXISTING LICENSING LIMIT.—A local government that licenses occupations and retains such licensing as set forth in paragraph (2)(a) may not impose additional licensing requirements on that occupation or modify such licensing.
(4) LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an occupation that is not authorized under this section or otherwise authorized by general law does not apply and may not be enforced.
History.—s. 1, ch. 2021-214; s. 1, ch. 2023-271.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.2511 - Urban infill and redevelopment.

163.2511 Urban infill and redevelopment.—
(1) Sections 163.2511-163.2520 may be cited as the “Growth Policy Act.”
(2) It is declared that:
(a) Fiscally strong urban centers are beneficial to regional and state economies and resources, are a method for reduction of future urban sprawl, and should be promoted by state, regional, and local governments.
(b) The health and vibrancy of the urban cores benefit their respective regions and the state; conversely, the deterioration of those urban cores negatively impacts the surrounding area and the state.
(c) In recognition of the interwoven destiny between the urban center, the suburbs, the region, and the state, the respective governments need to establish a framework and work in partnership with communities and the private sector to revitalize urban centers.
(d) State urban policies should guide the state, regional agencies, local governments, and the private sector in preserving and redeveloping existing urban cores and promoting the adequate provision of infrastructure, human services, safe neighborhoods, educational facilities, and economic development to sustain these cores into the future.
(e) Successfully revitalizing and sustaining the urban cores is dependent on addressing, through an integrated and coordinated community effort, a range of varied components essential to a healthy urban environment, including cultural, educational, recreational, economic, transportation, and social service components.
(f) Infill development and redevelopment are recognized to be important components and useful mechanisms for promoting and sustaining urban cores. State and regional entities and local governments should provide incentives to promote urban infill and redevelopment. Existing programs and incentives should be integrated to the extent possible to promote urban infill and redevelopment and to achieve the goals of the state urban policy.
History.—s. 1, ch. 99-378; s. 186, ch. 2010-102; s. 3, ch. 2012-90.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.2514 - Growth Policy Act; definitions.

163.2514 Growth Policy Act; definitions.—As used in ss. 163.2511-163.2520, the term:
(1) “Local government” means any county or municipality.
(2) “Urban infill and redevelopment area” means an area or areas designated by a local government where:
(a) Public services such as water and wastewater, transportation, schools, and recreation are already available or are scheduled to be provided in an adopted 5-year schedule of capital improvements;
(b) The area, or one or more neighborhoods within the area, suffers from pervasive poverty, unemployment, and general distress as defined by s. 290.0058;
(c) The area exhibits a proportion of properties that are substandard, overcrowded, dilapidated, vacant or abandoned, or functionally obsolete which is higher than the average for the local government;
(d) More than 50 percent of the area is within 1/4 mile of a transit stop, or a sufficient number of transit stops will be made available concurrent with the designation; and
(e) The area includes or is adjacent to community redevelopment areas, brownfields, enterprise zones, or Main Street programs, or has been designated by the state or Federal Government as an urban redevelopment, revitalization, or infill area under empowerment zone, enterprise community, or brownfield showcase community programs or similar programs.
History.—s. 1, ch. 99-378; s. 187, ch. 2010-102; s. 4, ch. 2012-90.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.2520 - Economic incentives.

163.2520 Economic incentives.—
(1) A local government with an adopted urban infill and redevelopment plan or plan employed in lieu thereof may issue revenue bonds under s. 163.385 and employ tax increment financing under s. 163.387 for the purpose of financing the implementation of the plan, except that in a charter county such incentives shall be employed consistent with the provisions of s. 163.410.
(2) A local government with an adopted urban infill and redevelopment plan or plan employed in lieu thereof may exercise the powers granted under s. 163.514 for community redevelopment neighborhood improvement districts, including the authority to levy special assessments.
(3) Prior to June 1 each year, areas designated by a local government as urban infill and redevelopment areas shall be given a priority in the allocation of private activity bonds from the state pool pursuant to s. 159.807.
History.—s. 1, ch. 99-378; s. 25, ch. 2001-60.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3168 - Planning innovations and technical assistance.

163.3168 Planning innovations and technical assistance.—
(1) The Legislature recognizes the need for innovative planning and development strategies to promote a diverse economy and vibrant rural and urban communities, while protecting environmentally sensitive areas. The Legislature further recognizes the substantial advantages of innovative approaches to development directed to meet the needs of urban, rural, and suburban areas.
(2) Local governments are encouraged to apply innovative planning tools, including, but not limited to, visioning, sector planning, and rural land stewardship area designations to address future new development areas, urban service area designations, urban growth boundaries, and mixed-use, high-density development in urban areas.
(3) The state land planning agency shall help communities find creative solutions to fostering vibrant, healthy communities, while protecting the functions of important state resources and facilities. The state land planning agency and all other appropriate state and regional agencies may use various means to provide direct and indirect technical assistance within available resources. If plan amendments may adversely impact important state resources or facilities, upon request by the local government, the state land planning agency shall coordinate multiagency assistance, if needed, in developing an amendment to minimize impacts on such resources or facilities.
(4) The state land planning agency shall provide, on its website, guidance on the submittal and adoption of comprehensive plans, plan amendments, and land development regulations. Such guidance shall not be adopted as a rule and is exempt from s. 120.54(1)(a).
History.—s. 8, ch. 2011-139; s. 2, ch. 2020-122; s. 1, ch. 2021-161; s. 1, ch. 2021-186.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.31771 - Accessory dwelling units.

163.31771 Accessory dwelling units.—
(1) The Legislature finds that the median price of homes in this state has increased steadily over the last decade and at a greater rate of increase than the median income in many urban areas. The Legislature finds that the cost of rental housing has also increased steadily and the cost often exceeds an amount that is affordable to extremely-low-income, very-low-income, low-income, or moderate-income persons and has resulted in a critical shortage of affordable rentals in many urban areas in the state. This shortage of affordable rentals constitutes a threat to the health, safety, and welfare of the residents of the state. Therefore, the Legislature finds that it serves an important public purpose to encourage the permitting of accessory dwelling units in single-family residential areas in order to increase the availability of affordable rentals for extremely-low-income, very-low-income, low-income, or moderate-income persons.
(2) As used in this section, the term:
(a) “Accessory dwelling unit” means an ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.
(b) “Affordable rental” means that monthly rent and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for extremely-low-income, very-low-income, low-income, or moderate-income persons.
(c) “Local government” means a county or municipality.
(d) “Low-income persons” has the same meaning as in s. 420.0004(11).
(e) “Moderate-income persons” has the same meaning as in s. 420.0004(12).
(f) “Very-low-income persons” has the same meaning as in s. 420.0004(17).
(g) “Extremely-low-income persons” has the same meaning as in s. 420.0004(9).
(3) A local government may adopt an ordinance to allow accessory dwelling units in any area zoned for single-family residential use.
(4) An application for a building permit to construct an accessory dwelling unit must include an affidavit from the applicant which attests that the unit will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons.
(5) Each accessory dwelling unit allowed by an ordinance adopted under this section shall apply toward satisfying the affordable housing component of the housing element in the local government’s comprehensive plan under s. 163.3177(6)(f).
History.—s. 2, ch. 2004-372; s. 2, ch. 2006-69; s. 16, ch. 2010-5; s. 13, ch. 2011-189; s. 4, ch. 2020-27.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3179 - Family homestead.

163.3179 Family homestead.—A local government may include in its comprehensive plan a provision allowing the use of a parcel of property solely as a homestead by an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the person who conveyed the parcel to said individual, notwithstanding the density or intensity of use assigned to the parcel in the plan. Such a provision shall apply only once to any individual.
History.—s. 6, ch. 92-129.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.31802 - Prohibited standards for security devices.

163.31802 Prohibited standards for security devices.—A county, municipality, or other entity of local government may not adopt or maintain in effect an ordinance or rule that establishes standards for security cameras that require a lawful business to expend funds to enhance the services or functions provided by local government unless specifically provided by general law. Nothing in this section shall be construed to limit the ability of a county, municipality, airport, seaport, or other local governmental entity to adopt standards for security cameras in publicly operated facilities, including standards for private businesses operating within such public facilities pursuant to a lease or other contractual arrangement.
History.—s. 6, ch. 2009-96; s. 1, ch. 2011-8.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3197 - Legal status of prior comprehensive plan.

163.3197 Legal status of prior comprehensive plan.—Where, prior to the adoption of a revised plan pursuant to s. 163.3167(2), a local government had adopted a comprehensive plan, or element or portion thereof, such adopted plan, or element or portion thereof, shall have such force and effect as it had at the date of adoption until a new comprehensive plan, or element or portion thereof, is adopted by or for such local government pursuant to the provisions of this act. The prior adopted plan, or element or portion thereof, may be the basis for meeting the requirement of comprehensive plan adoption set out in this act, provided all requirements of this act are met.
History.—s. 13, ch. 75-257; s. 12, ch. 85-55.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3201 - Relationship of comprehensive plan to exercise of land development regulatory authority.

163.3201 Relationship of comprehensive plan to exercise of land development regulatory authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of regulations for the development of land or the adoption and enforcement by a governing body of a land development code for an area shall be based on, be related to, and be a means of implementation for an adopted comprehensive plan as required by this act.
History.—s. 14, ch. 75-257; s. 13, ch. 85-55.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3204 - Cooperation by state and regional agencies.

163.3204 Cooperation by state and regional agencies.—The state land planning agency and any ad hoc working groups appointed by the department and all state and regional agencies involved in the administration and implementation of the Community Planning Act shall cooperate and work with units of local government in the preparation and adoption of comprehensive plans, or elements or portions thereof, and of local land development regulations.
History.—s. 15, ch. 75-257; s. 3, ch. 79-65; s. 11, ch. 83-216; s. 16, ch. 85-55; s. 9, ch. 2012-96.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3205 - Solar facility approval process.

163.3205 Solar facility approval process.—
(1) It is the intent of the Legislature to encourage renewable solar electrical generation throughout this state. It is essential that solar facilities and associated electric infrastructure be constructed and maintained in various locations throughout this state in order to ensure the availability of renewable energy production, which is critical to this state’s energy and economic future.
(2) As used in this section, the term “solar facility” means a production facility for electric power which:
(a) Uses photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite.
(b) Consists principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components.
(c) May include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures.
(3) A solar facility shall be a permitted use in all agricultural land use categories in a local government comprehensive plan and all agricultural zoning districts within an unincorporated area and must comply with the setback and landscaped buffer area criteria for other similar uses in the agricultural district.
(4) A county may adopt an ordinance specifying buffer and landscaping requirements for solar facilities. Such requirements may not exceed the requirements for similar uses involving the construction of other facilities that are permitted uses in agricultural land use categories and zoning districts.
(5) This section does not apply to any site that was the subject of an application to construct a solar facility submitted to a local governmental entity before July 1, 2021.
History.—s. 1, ch. 2021-178.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.32051 - Floating solar facilities.

163.32051 Floating solar facilities.—
(1)(a) The Legislature finds that floating solar facilities, also known as “floatovoltaics,” can be effective tools in harnessing energy in bodies of water that have been permitted for storage.
(b) The Legislature finds that siting floating solar facilities on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, and other water storage reservoirs are beneficial uses of those areas for many reasons, including the fact that the water has a cooling effect on the solar panels, which can boost power production, and the fact that the panels help decrease the amount of water lost to evaporation and the formation of harmful algal blooms.
(c) Therefore, the Legislature finds that the siting of floating solar facilities should be encouraged by local governments as appropriate uses of water and land areas.
(2) For purposes of this section, the term “floating solar facility” means a solar facility as defined in s. 163.3205(2), which is located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs.
(3) A floating solar facility shall be a permitted use in the appropriate land use categories in each local government comprehensive plan, and each local government must amend its land development regulations to promote the expanded use of floating solar facilities.
(4) A county or municipality may adopt an ordinance specifying buffer and landscaping requirements for floating solar facilities. The requirements may not exceed the requirements for similar uses involving the construction of other solar facilities that are permitted uses in agricultural land use categories and zoning districts.
(5) Notwithstanding subsections (3) and (4), a floating solar facility may not be constructed in an Everglades Agricultural Area reservoir project if the local governments involved with the project determine that the floating solar facility will have a negative impact on that project.
(6) The Office of Energy within the Department of Agriculture and Consumer Services shall develop and submit recommendations to the Legislature by December 31, 2022, to provide a regulatory framework to private and public sector entities that implement floating solar facilities.
History.—s. 1, ch. 2022-83; s. 48, ch. 2023-8.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3206 - Fuel terminals.

163.3206 Fuel terminals.—
(1) It is the intent of the Legislature to maintain, encourage, and ensure adequate and reliable fuel terminal infrastructure in this state. Fuel terminals are a critical component of fuel storage and distribution. The ability to receive, store, and distribute fuel is essential to the state’s economy and to the health, safety, welfare, and quality of life of residents and visitors. It is essential that fuel terminal infrastructure be constructed and maintained in various locations in order to ensure the efficient and reliable transportation and delivery of an adequate quantity of fuel throughout the state.
(2) As used in this section, the term:
(a) “Fuel” means any of the following:
1. Alternative fuel as defined in s. 525.01.
2. Aviation fuel as defined in s. 206.9815.
3. Diesel fuel as defined in s. 206.86.
4. Gas as defined in s. 206.9925.
5. Motor fuel as defined in s. 206.01.
6. Natural gas fuel as defined in s. 206.9951.
7. Oil as defined in s. 206.9925.
8. Petroleum fuel as defined in s. 525.01.
9. Petroleum product as defined in s. 206.9925.
(b) “Fuel terminal” means a storage and distribution facility for fuel, supplied by pipeline or marine vessel, which has the capacity to receive and store a bulk transfer of fuel, is equipped with a loading rack through which fuel is physically transferred into tanker trucks or rail cars, and is registered with the Internal Revenue Service as a terminal.
(3) After July 1, 2014, a local government may not amend its comprehensive plan, land use map, zoning districts, or land development regulations in a manner that would conflict with a fuel terminal’s classification as a permitted and allowable use, including, but not limited to, an amendment that causes a fuel terminal to be a nonconforming use, structure, or development.
(4) In the event of damage to or destruction of a fuel terminal as a result of a natural disaster or other catastrophe, a local government shall allow the timely repair of the fuel terminal to the capacity of the fuel terminal as it existed before the natural disaster or catastrophe.
(5) This section does not limit the authority of a local government to adopt, implement, modify, and enforce applicable federal and state requirements for fuel terminals, including safety and building standards, and local safety and building standards. However, the exercise of local authority may not conflict with federal or state safety and security requirements for fuel terminals.
History.—s. 1, ch. 2014-93.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3211 - Conflict with other statutes.

163.3211 Conflict with other statutes.—Where this act may be in conflict with any other provision or provisions of law relating to local governments having authority to regulate the development of land, the provisions of this act shall govern unless the provisions of this act are met or exceeded by such other provision or provisions of law relating to local government, including land development regulations adopted pursuant to chapter 125 or chapter 166. Nothing in this act is intended to withdraw or diminish any legal powers or responsibilities of state agencies or change any requirement of existing law that local regulations comply with state standards or rules.
History.—s. 17, ch. 75-257; s. 17, ch. 85-55; s. 25, ch. 87-224.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3217 - Municipal overlay for municipal incorporation.

163.3217 Municipal overlay for municipal incorporation.—
(1) PURPOSE.—In order to assist in the planning for future municipal incorporation of a specific geographic area, a county may adopt a municipal overlay as an amendment to its comprehensive plan. A municipal overlay will allow a county, in cooperation with the public, to address the future possible municipal incorporation of a specific geographic area and the impact of municipal incorporation on the provision of public services to serve the area.
(2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL OVERLAY.—
(a)1. This section applies only in those jurisdictions in which the county has authorized, by resolution or local ordinance, the development of a municipal overlay pursuant to the provisions of this section. A county governing body, or a citizens’ organization that represents property owners in the area affected, may sponsor the preparation of the municipal overlay.
2. It shall be the responsibility of the county to prepare the municipal overlay for an area under its jurisdiction; however, if the sponsor of the municipal overlay is other than the county, the county may by written agreement authorize the sponsor to prepare some or all of a proposed municipal overlay.
(b) A municipal overlay shall be adopted as an amendment to the local government comprehensive plan as prescribed by s. 163.3184.
(3) CONTENTS OF A MUNICIPAL OVERLAY.—A municipal overlay must contain:
(a) Boundary options for the creation of the new municipality.
(b) A feasibility study as outlined in chapter 165.
(c) A map of existing and proposed land uses in the area by type and density.
(d) Population projections for the area.
(e) Data and analysis relating to the provision of public facilities for the area.
(4) FUNDING OF THE MUNICIPAL OVERLAY.—The development of the municipal overlay shall be funded by the county unless there is written agreement between the county and another entity to fund it.
History.—s. 7, ch. 96-416; s. 21, ch. 2011-139.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3220 - Short title; legislative intent.

163.3220 Short title; legislative intent.—
(1) Sections 163.3220-163.3243 may be cited as the “Florida Local Government Development Agreement Act.”
(2) The Legislature finds and declares that:
(a) The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning.
(b) Assurance to a developer that upon receipt of his or her development permit or brownfield designation he or she may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development.
(3) In conformity with, in furtherance of, and to implement the Community Planning Act and the Florida State Comprehensive Planning Act of 1972, it is the intent of the Legislature to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development.
(4) This intent is effected by authorizing local governments to enter into development agreements with developers, subject to the procedures and requirements of ss. 163.3220-163.3243.
(5) Sections 163.3220-163.3243 shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing.
History.—s. 19, ch. 86-191; s. 902, ch. 95-147; s. 8, ch. 99-378; s. 22, ch. 2011-139.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3223 - Applicability.

163.3223 Applicability.—Any local government may, by ordinance, establish procedures and requirements, as provided in ss. 163.3220-163.3243, to consider and enter into a development agreement with any person having a legal or equitable interest in real property located within its jurisdiction.
History.—s. 21, ch. 86-191.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3225 - Public hearings.

163.3225 Public hearings.—
(1) Before entering into, amending, or revoking a development agreement, a local government shall conduct at least two public hearings. At the option of the governing body, one of the public hearings may be held by the local planning agency.
(2)(a) Notice of intent to consider a development agreement shall be advertised approximately 7 days before each public hearing in a newspaper of general circulation and readership in the county where the local government is located. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.
(b) The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained.
History.—s. 22, ch. 86-191.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3227 - Requirements of a development agreement.

163.3227 Requirements of a development agreement.—
(1) A development agreement shall include the following:
(a) A legal description of the land subject to the agreement, and the names of its legal and equitable owners;
(b) The duration of the agreement;
(c) The development uses permitted on the land, including population densities, and building intensities and height;
(d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development;
(e) A description of any reservation or dedication of land for public purposes;
(f) A description of all local development permits approved or needed to be approved for the development of the land;
(g) A finding that the development permitted or proposed is consistent with the local government’s comprehensive plan and land development regulations;
(h) A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and
(i) A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction.
(2) A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.
History.—s. 23, ch. 86-191; s. 31, ch. 91-45.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3229 - Duration of a development agreement and relationship to local comprehensive plan.

163.3229 Duration of a development agreement and relationship to local comprehensive plan.—The duration of a development agreement may not exceed 30 years, unless it is extended by mutual consent of the governing body and the developer, subject to a public hearing in accordance with s. 163.3225. No development agreement shall be effective or be implemented by a local government unless the local government’s comprehensive plan and plan amendments implementing or related to the agreement are in compliance with s. 163.3184.
History.—s. 24, ch. 86-191; s. 32, ch. 91-45; s. 11, ch. 92-129; s. 5, ch. 2007-204; s. 24, ch. 2011-139.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3231 - Consistency with the comprehensive plan and land development regulations.

163.3231 Consistency with the comprehensive plan and land development regulations.—A development agreement and authorized development shall be consistent with the local government’s comprehensive plan and land development regulations.
History.—s. 25, ch. 86-191.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3233 - Local laws and policies governing a development agreement.

163.3233 Local laws and policies governing a development agreement.—
(1) The local government’s laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement.
(2) A local government may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the local government has held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;
(b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;
(c) They are specifically anticipated and provided for in the development agreement;
(d) The local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or
(e) The development agreement is based on substantially inaccurate information supplied by the developer.
(3) This section does not abrogate any rights that may vest pursuant to common law.
History.—s. 26, ch. 86-191.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part II - Growth Policy; County and Municipal Planning; Land Development Regulation (Ss. 163.2511-163.3253) › 163.3235 - Periodic review of a development agreement.

163.3235 Periodic review of a development agreement.—A local government shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the local government finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the local government.
History.—s. 27, ch. 86-191; s. 12, ch. 92-129; s. 25, ch. 2011-139.