SENATE AMENDMENT
    Bill No. HB 1737
    Amendment No. ___   Barcode 973780
                            CHAMBER ACTION
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11  Senator Pruitt moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 8, between lines 8 and 9,
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16  insert:  
17         Section 3.  Subsection (6) is added to section
18  163.3202, Florida Statutes, to read:
19         163.3202  Land development regulations.--
20         (6)(a)  The Legislature finds that electric utilities
21  have a statutory duty pursuant to this chapter to provide
22  reasonably sufficient, adequate, and efficient service. The
23  Legislature further finds that electric substations are an
24  indispensable component of the grid system by which electric
25  utilities deliver reliable electric service to all public and
26  private persons as required by law. The Legislature further
27  finds that electric utility substations are essential services
28  for the public health, safety, and welfare and therefore are
29  in the public interest.
30         (b)  Nothing in this section shall prohibit a local
31  government from adopting land development regulations which
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    10:27 AM   05/03/01                               h1737c-27e3e

SENATE AMENDMENT Bill No. HB 1737 Amendment No. ___ Barcode 973780 1 establish reasonable standards for setbacks, buffering, and 2 landscaping and other such site conditions which ensure 3 consistency with the local comprehensive plan for a substation 4 that will be constructed or operated by an electric utility. 5 Compliance with any such adopted standards creates a 6 presumption that the substation is compatible with adjacent 7 land uses and consistent with the local comprehensive plan. 8 (c) If an electric utility demonstrates by competent 9 substantial evidence that it meets all criteria for approval 10 of an application for a development permit for the location, 11 construction, and operation of a substation, the local 12 government may not deny the application unless the 13 preponderance of the evidence applying a strict scrutiny 14 standard of review demonstrates the application does not meet 15 the requirements of the comprehensive plan or applicable land 16 development regulations. 17 Section 4. Paragraph (b) of subsection (3) of section 18 380.04, Florida Statutes, is amended to read: 19 380.04 Definition of development.-- 20 (3) The following operations or uses shall not be 21 taken for the purpose of this chapter to involve "development" 22 as defined in this section: 23 (b) Work by any utility and other persons engaged in 24 the distribution or transmission of gas, electricity, or 25 water, for the purpose of inspecting, repairing, renewing, or 26 constructing on established rights-of-way any sewers, mains, 27 pipes, cables, utility tunnels, power lines, towers, poles, 28 tracks, or the like. 29 30 (Redesignate subsequent sections.) 31 2 10:27 AM 05/03/01 h1737c-27e3e
SENATE AMENDMENT Bill No. HB 1737 Amendment No. ___ Barcode 973780 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 14, after "reference;" 4 5 and insert: 6 amending s. 163.3202, F.S.; providing for the 7 siting of substations; amending s. 380.04, 8 F.S.; revising the definition of development; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 10:27 AM 05/03/01 h1737c-27e3e