Florida Senate - 2020                                    SB 1390
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01775-20                                            20201390__
    1                        A bill to be entitled                      
    2         An act relating to the Everglades Protection Area;
    3         amending s. 163.3184, F.S.; requiring comprehensive
    4         plans and plan amendments adopted by the governing
    5         bodies of local governments whose boundaries include
    6         any portion of the Everglades Protection Area to
    7         follow the state coordinated review process; requiring
    8         the Department of Environmental Protection to make
    9         certain determinations for such plans and amendments,
   10         to provide written notice of its determination to the
   11         local governments within a specified timeframe, and to
   12         coordinate with the local governments on certain
   13         mitigation measures; requiring certain governing
   14         bodies of local governments to transmit adopted plan
   15         amendments to the department within a specified
   16         timeframe; providing a condition for such plans and
   17         plan amendments to be deemed complete; amending s.
   18         420.5095, F.S.; conforming a cross-reference;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (a) of subsection (2), paragraph (a)
   24  of subsection (3), subsection (4), paragraph (b) of subsection
   25  (5), and paragraph (a) of subsection (11) of section 163.3184,
   26  Florida Statutes, are amended, and paragraph (d) is added to
   27  subsection (2) of that section, to read:
   28         163.3184 Process for adoption of comprehensive plan or plan
   29  amendment.—
   30         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
   31         (a) Plan amendments adopted by local governments shall
   32  follow the expedited state review process in subsection (3),
   33  except as set forth in paragraphs (b)-(d) (b) and (c).
   34         (d)Plans and plan amendments that are adopted by the
   35  governing body of a local government whose boundaries include
   36  any portion of the Everglades Protection Area as defined in s.
   37  373.4592(2) must follow the state coordinated review process in
   38  subsection (4).
   39         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
   40  COMPREHENSIVE PLAN AMENDMENTS.—
   41         (a) The process for amending a comprehensive plan described
   42  in this subsection shall apply to all amendments except as
   43  provided in paragraphs (2)(b)-(d) (2)(b) and (c) and shall be
   44  applicable statewide.
   45         (4) STATE COORDINATED REVIEW PROCESS.—
   46         (a) Coordination.—The state land planning agency shall only
   47  use the state coordinated review process described in this
   48  subsection for review of comprehensive plans and plan amendments
   49  described in paragraphs (2)(c) and (d) paragraph (2)(c). Each
   50  comprehensive plan or plan amendment proposed to be adopted
   51  pursuant to this subsection shall be transmitted, adopted, and
   52  reviewed in the manner prescribed in this subsection. The state
   53  land planning agency shall have responsibility for plan review,
   54  coordination, and the preparation and transmission of comments,
   55  pursuant to this subsection, to the local governing body
   56  responsible for the comprehensive plan or plan amendment.
   57         (b) Local government transmittal of proposed plan or
   58  amendment.—Each local governing body proposing a plan or plan
   59  amendment specified in paragraph (2)(c) or (d) (2)(c) shall
   60  transmit the complete proposed comprehensive plan or plan
   61  amendment to the reviewing agencies within 10 working days after
   62  the first public hearing pursuant to subsection (11). The
   63  transmitted document shall clearly indicate on the cover sheet
   64  that this plan amendment is subject to the state coordinated
   65  review process of this subsection. The local governing body
   66  shall also transmit a copy of the complete proposed
   67  comprehensive plan or plan amendment to any other unit of local
   68  government or government agency in the state that has filed a
   69  written request with the governing body for the plan or plan
   70  amendment.
   71         (c) Reviewing agency comments.—The agencies specified in
   72  paragraph (b) may provide comments regarding the plan or plan
   73  amendments in accordance with subparagraphs (3)(b)2.-4. However,
   74  comments on plans or plan amendments required to be reviewed
   75  under the state coordinated review process shall be sent to the
   76  state land planning agency within 30 days after receipt by the
   77  state land planning agency of the complete proposed plan or plan
   78  amendment from the local government. If the state land planning
   79  agency comments on a plan or plan amendment adopted under the
   80  state coordinated review process, it shall provide comments
   81  according to paragraph (d). Any other unit of local government
   82  or government agency specified in paragraph (b) may provide
   83  comments to the state land planning agency in accordance with
   84  subparagraphs (3)(b)2.-4. within 30 days after receipt by the
   85  state land planning agency of the complete proposed plan or plan
   86  amendment. Written comments submitted by the public shall be
   87  sent directly to the local government.
   88         (d) State land planning agency review.—
   89         1. If the state land planning agency elects to review a
   90  plan or plan amendment specified in paragraph (2)(c) or (d)
   91  (2)(c), the agency shall issue a report giving its objections,
   92  recommendations, and comments regarding the proposed plan or
   93  plan amendment within 60 days after receipt of the proposed plan
   94  or plan amendment. Notwithstanding the limitation on comments in
   95  sub-subparagraph (3)(b)4.g., the state land planning agency may
   96  make objections, recommendations, and comments in its report
   97  regarding whether the plan or plan amendment is in compliance
   98  and whether the plan or plan amendment will adversely impact
   99  important state resources and facilities. Any objection
  100  regarding an important state resource or facility that will be
  101  adversely impacted by the adopted plan or plan amendment must
  102  shall also state with specificity how the plan or plan amendment
  103  will adversely impact the important state resource or facility
  104  and must shall identify measures the local government may take
  105  to eliminate, reduce, or mitigate the adverse impacts. When a
  106  federal, state, or regional agency has implemented a permitting
  107  program, a local government is not required to duplicate or
  108  exceed that permitting program in its comprehensive plan or to
  109  implement such a permitting program in its land development
  110  regulations. This subparagraph does not prohibit the state land
  111  planning agency in conducting its review of local plans or plan
  112  amendments from making objections, recommendations, and comments
  113  regarding densities and intensities consistent with this part.
  114  In preparing its comments, the state land planning agency shall
  115  only base its considerations on written, and not oral, comments.
  116         2. The state land planning agency review shall identify all
  117  written communications with the agency regarding the proposed
  118  plan amendment. The written identification must include a list
  119  of all documents received or generated by the agency, which list
  120  must be of sufficient specificity to enable the documents to be
  121  identified and copies requested, if desired, and the name of the
  122  person to be contacted to request copies of any identified
  123  document.
  124         (e)Everglades Protection Area determinations.—For a plan
  125  or plan amendment adopted by the governing body of a local
  126  government whose boundaries include any portion of the
  127  Everglades Protection Area as defined in s. 373.4592(2), the
  128  Department of Environmental Protection shall determine whether
  129  the plan or plan amendment impedes the Everglades restoration
  130  and protection objectives identified in s. 373.4592. The
  131  department shall provide written notice of its determination to
  132  the local government within 30 days after receipt of the plan or
  133  plan amendment. The department shall work in coordination with
  134  the local government to identify measures the local government
  135  may take to eliminate, reduce, or mitigate any adverse impacts
  136  to Everglades restoration and protection.
  137         (f)(e)Local government review of comments; adoption of
  138  plan or amendments and transmittal.—
  139         1. The local government shall review the report submitted
  140  to it by the state land planning agency, if any, and written
  141  comments submitted to it by any other person, agency, or
  142  government. The local government, upon receipt of the report
  143  from the state land planning agency, shall hold a its second
  144  public hearing, which shall be a hearing to determine whether to
  145  adopt the comprehensive plan or one or more comprehensive plan
  146  amendments pursuant to subsection (11). If the local government
  147  fails to hold the second hearing within 180 days after receipt
  148  of the state land planning agency’s report, the amendments must
  149  shall be deemed withdrawn unless extended by agreement with
  150  notice to the state land planning agency and any affected person
  151  that provided comments on the amendment. The 180-day limitation
  152  does not apply to amendments processed pursuant to s. 380.06.
  153         2. All comprehensive plan amendments adopted by the
  154  governing body, along with the supporting data and analysis,
  155  must shall be transmitted within 10 working days after the
  156  second public hearing to the state land planning agency and any
  157  other agency or local government that provided timely comments
  158  under paragraph (c). Comprehensive plan amendments adopted by
  159  the governing body of a local government whose boundaries
  160  include any portion of the Everglades Protection Area as defined
  161  in s. 373.4592(2) must be additionally transmitted within 10
  162  working days after the second public hearing to the Department
  163  of Environmental Protection.
  164         3. The state land planning agency shall notify the local
  165  government of any deficiencies within 5 working days after
  166  receipt of a plan or plan amendment package. For purposes of
  167  completeness, a plan or plan amendment must shall be deemed
  168  complete if it contains a full, executed copy of the adoption
  169  ordinance or ordinances; in the case of a text amendment, a full
  170  copy of the amended language in legislative format with new
  171  words inserted in the text underlined, and words deleted
  172  stricken with hyphens; in the case of a future land use map
  173  amendment, a copy of the future land use map clearly depicting
  174  the parcel, its existing future land use designation, and its
  175  adopted designation; and a copy of any data and analyses the
  176  local government deems appropriate. A plan or plan amendment
  177  adopted by the governing body of a local government whose
  178  boundaries include any portion of the Everglades Protection Area
  179  as defined in s. 373.4592(2) may only be deemed complete if it
  180  contains a written notice from the Department of Environmental
  181  Protection pursuant to paragraph (e) that states the plan or
  182  plan amendment does not impede Everglades protection and
  183  restoration.
  184         4. After the state land planning agency makes a
  185  determination of completeness regarding the adopted plan or plan
  186  amendment, the state land planning agency shall have 45 days to
  187  determine if the plan or plan amendment is in compliance with
  188  this act. Unless the plan or plan amendment is substantially
  189  changed from the one commented on, the state land planning
  190  agency’s compliance determination shall be limited to objections
  191  raised in the objections, recommendations, and comments report.
  192  During the period provided for in this subparagraph, the state
  193  land planning agency shall issue, through a senior administrator
  194  or the secretary, a notice of intent to find that the plan or
  195  plan amendment is in compliance or not in compliance. The state
  196  land planning agency shall post a copy of the notice of intent
  197  on the agency’s Internet website. Publication by the state land
  198  planning agency of the notice of intent on the state land
  199  planning agency’s Internet site shall be prima facie evidence of
  200  compliance with the publication requirements of this
  201  subparagraph.
  202         5. A plan or plan amendment adopted under the state
  203  coordinated review process shall go into effect pursuant to the
  204  state land planning agency’s notice of intent. If timely
  205  challenged, an amendment does not become effective until the
  206  state land planning agency or the Administration Commission
  207  enters a final order determining the adopted amendment to be in
  208  compliance.
  209         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  210  AMENDMENTS.—
  211         (b) The state land planning agency may file a petition with
  212  the Division of Administrative Hearings pursuant to ss. 120.569
  213  and 120.57, with a copy served on the affected local government,
  214  to request a formal hearing to challenge whether the plan or
  215  plan amendment is in compliance as defined in paragraph (1)(b).
  216  The state land planning agency’s petition must clearly state the
  217  reasons for the challenge. Under the expedited state review
  218  process, this petition must be filed with the division within 30
  219  days after the state land planning agency notifies the local
  220  government that the plan amendment package is complete according
  221  to subparagraph (3)(c)3. Under the state coordinated review
  222  process, this petition must be filed with the division within 45
  223  days after the state land planning agency notifies the local
  224  government that the plan amendment package is complete according
  225  to subparagraph (4)(f)3. (4)(e)3.
  226         1. The state land planning agency’s challenge to plan
  227  amendments adopted under the expedited state review process
  228  shall be limited to the comments provided by the reviewing
  229  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  230  determination by the state land planning agency that an
  231  important state resource or facility will be adversely impacted
  232  by the adopted plan amendment. The state land planning agency’s
  233  petition must shall state with specificity how the plan
  234  amendment will adversely impact the important state resource or
  235  facility. The state land planning agency may challenge a plan
  236  amendment that has substantially changed from the version on
  237  which the agencies provided comments but only upon a
  238  determination by the state land planning agency that an
  239  important state resource or facility will be adversely impacted.
  240         2. If the state land planning agency issues a notice of
  241  intent to find the comprehensive plan or plan amendment not in
  242  compliance with this act, the notice of intent shall be
  243  forwarded to the Division of Administrative Hearings of the
  244  Department of Management Services, which shall conduct a
  245  proceeding under ss. 120.569 and 120.57 in the county of and
  246  convenient to the affected local jurisdiction. The parties to
  247  the proceeding shall be the state land planning agency, the
  248  affected local government, and any affected person who
  249  intervenes. A No new issue may not be alleged as a reason to
  250  find a plan or plan amendment not in compliance in an
  251  administrative pleading filed more than 21 days after
  252  publication of notice unless the party seeking that issue
  253  establishes good cause for not alleging the issue within that
  254  time period. Good cause does not include excusable neglect.
  255         (11) PUBLIC HEARINGS.—
  256         (a) The procedure for transmittal of a complete proposed
  257  comprehensive plan or plan amendment pursuant to subparagraph
  258  (3)(b)1. and paragraph (4)(b) and for adoption of a
  259  comprehensive plan or plan amendment pursuant to subparagraphs
  260  (3)(c)1. and (4)(f)1. (4)(e)1. shall be by affirmative vote of
  261  not less than a majority of the members of the governing body
  262  present at the hearing. The adoption of a comprehensive plan or
  263  plan amendment shall be by ordinance. For the purposes of
  264  transmitting or adopting a comprehensive plan or plan amendment,
  265  the notice requirements in chapters 125 and 166 are superseded
  266  by this subsection, except as provided in this part.
  267         Section 2. Subsection (9) of section 420.5095, Florida
  268  Statutes, is amended to read:
  269         420.5095 Community Workforce Housing Innovation Pilot
  270  Program.—
  271         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  272  government comprehensive plan amendment to implement a Community
  273  Workforce Housing Innovation Pilot Program project found
  274  consistent with this section shall be expedited as provided in
  275  this subsection. At least 30 days before prior to adopting a
  276  plan amendment under this subsection, the local government shall
  277  notify the state land planning agency of its intent to adopt
  278  such an amendment, and the notice shall include its evaluation
  279  related to site suitability and availability of facilities and
  280  services. The public notice of the hearing required by s.
  281  163.3184(11)(b)2. shall include a statement that the local
  282  government intends to use the expedited adoption process
  283  authorized by this subsection. Such amendments shall require
  284  only a single public hearing before the governing board, which
  285  shall be an adoption hearing as described in s. 163.3184(4)(f)
  286  before the governing board s. 163.3184(4)(e). Any further
  287  proceedings shall be governed by s. 163.3184(5)-(13).
  288         Section 3. This act shall take effect July 1, 2020.