SENATE AMENDMENT
Bill No. CS for CS for CS for SB's 310 & 380, 1st Eng.
Amendment No. ___ Barcode 530932
CHAMBER ACTION
Senate House
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11 Senator Pruitt moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 101, between lines 28 and 29,
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17 Section 37. 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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8:13 PM 05/03/01 s0310c3c-27rhi
SENATE AMENDMENT
Bill No. CS for CS for CS for SB's 310 & 380, 1st Eng.
Amendment No. ___ Barcode 530932
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 38. 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.
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30 (Redesignate subsequent sections.)
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB's 310 & 380, 1st Eng.
Amendment No. ___ Barcode 530932
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 6, line 1, after the semicolon,
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5 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;
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