Senate Bill sb0754

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    Florida Senate - 2007                                   SB 754

    By Senator Bennett





    21-589-07

  1                      A bill to be entitled

  2         An act relating to siting of emergency service

  3         facilities; creating s. 163.3206, F.S.;

  4         providing legislative findings and intent;

  5         defining the term "emergency service facility";

  6         requiring that an emergency service facility be

  7         permitted in specified land use categories;

  8         specifying the types of land development

  9         regulations concerning such facilities which a

10         local government may adopt or enforce;

11         providing for application of criteria

12         concerning a buffer or setback requirements

13         under certain circumstances; specifying the

14         compatibility with surrounding land uses which

15         an emergency service facility should achieve;

16         providing an exception; providing an effective

17         date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 163.3206, Florida Statutes, is

22  created to read:

23         163.3206  Approval of emergency service facilities.--

24         (1)  The provision of necessary emergency service

25  facilities is essential for the protection and welfare of

26  state residents. Lives and property may be harmed if emergency

27  service facilities are not properly sited and built to

28  facilitate the timely provision of emergency services. Proper

29  citing and construction of such facilities also facilitates

30  access to homeowners' insurance. The Legislature intends to

31  authorize the development of appropriately scaled emergency

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    Florida Senate - 2007                                   SB 754
    21-589-07




 1  service facilities in various local governmental jurisdictions

 2  where necessary to effectively meet the needs of residents for

 3  emergency services.

 4         (2)  As used in this section, the term "emergency

 5  service facility" means a facility for providing sheriff,

 6  fire, and emergency medical services and which:

 7         (a)  Is owned and operated by a governmental entity,

 8  which is smaller than 12,000 square feet, and which is scaled

 9  to meet the needs of the neighborhood where it is located for

10  emergency services;

11         (b)  Is located on a road that is classified as an

12  arterial or collector road in the transportation element of

13  the future land use map or located on a road that leads to and

14  is within 1,000 yards of such an arterial or collector road;

15  and

16         (c)  Has only that amount of office or meeting space

17  which is necessary to serve its own needs.

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19  The term excludes a facility that has an outdoor training

20  tower.

21         (3)  New emergency service facilities shall be a

22  permitted use in all land use categories in the applicable

23  comprehensive plan and zoning districts of the local

24  government except in those categories that are designated as

25  preservation, conservation, or historic preservation on the

26  future land use map or duly adopted ordinance.

27         (4)  A local government may adopt and enforce

28  reasonable land development regulations for new emergency

29  service facilities which address only setback, landscaping,

30  buffering, screening, lighting, and other aesthetic or

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    Florida Senate - 2007                                   SB 754
    21-589-07




 1  compatibility-based standards. Such a regulation may not

 2  require:

 3         (a)  A vegetated buffer or screen to be more than 6

 4  feet in height or to include a tree that will have a mature

 5  height of more than 14 feet; or

 6         (b)  A setback of more than 25 feet between the

 7  emergency service facility and the property line of the

 8  applicant.

 9         (5)  If a local government has not adopted reasonable

10  standards pursuant to subsection (4), an emergency service

11  facility must meet any criteria for a setback area and a

12  landscaped buffer area which apply to other uses in the land

13  use category or zoning district which are similar to an

14  emergency service facility.

15         (6)  Each emergency service facility should be

16  constructed, to the maximum extent practicable, to achieve

17  compatibility with the surrounding land use.

18         (7)  This section does not apply to the siting and

19  construction of emergency service facilities within a land use

20  category or zoning district if the applicable local government

21  approves requirements for the siting and construction of these

22  facilities within such category or zoning district which are

23  less stringent than those established by this section.

24         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                   SB 754
    21-589-07




 1            *****************************************

 2                          SENATE SUMMARY

 3    Facilitates the siting of emergency services facilities
      under the Local Government Comprehensive Planning Act.
 4    Requires that such a facility be permitted in specified
      land use categories. Specifies the types of land
 5    development regulations concerning such facilities which
      a local government may adopt or enforce. Provides for
 6    application of criteria concerning a buffer or setback
      requirements under certain circumstances. Specifies the
 7    compatibility with surrounding land uses which an
      emergency service facility should achieve. Provides an
 8    exception.

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