Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 192
       
       
       
       
       
       
                                Ì741400^Î741400                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2023           .                                
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       The Committee on Environment and Natural Resources (Avila)
       recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 104 - 329
    4  and insert:
    5  plan or plan amendment by a county as defined in s. 125.011(1)
    6  or any municipality located therein that applies to any land
    7  within, or within 2 miles of, the Everglades Protection Area as
    8  defined in s. 373.4592(2) must be reviewed pursuant to this
    9  paragraph by the Department of Environmental Protection in
   10  consultation with all federally recognized Indian tribes in this
   11  state. The department shall determine whether the proposed plan
   12  or plan amendment, or any portion thereof, adversely impacts the
   13  Everglades Protection Area or the Everglades restoration and
   14  protection objectives identified in s. 373.4592. The department
   15  shall issue a written determination to the state land planning
   16  agency, the local government, and all federally recognized
   17  Indian tribes in this state within 30 days after receipt of the
   18  proposed plan or plan amendment. The determination must identify
   19  any adverse impacts and may be provided as part of the agency’s
   20  comments pursuant to paragraph (c). Before the adoption of the
   21  proposed plan or plan amendment, the department shall work in
   22  coordination with the state land planning agency, the local
   23  government, and all federally recognized Indian tribes in this
   24  state to identify any planning strategies or measures that the
   25  local government could include in the proposed plan or plan
   26  amendment to eliminate or mitigate any adverse impacts to the
   27  Everglades Protection Area or the Everglades restoration and
   28  protection objectives in s. 373.4592. If the department
   29  determines that any portion of the proposed plan or plan
   30  amendment will adversely impact the Everglades Protection Area
   31  or the Everglades restoration and protection objectives
   32  identified in s. 373.4592, the local government must modify that
   33  portion of the proposed plan or plan amendment to include
   34  planning strategies or measures to eliminate or mitigate such
   35  adverse impacts before adopting the proposed plan or plan
   36  amendment or that portion of the proposed plan or plan amendment
   37  may not be adopted. During the review process for a plan
   38  amendment pursuant to this paragraph, a local government may
   39  consider an application for a development permit or development
   40  order that is contingent upon adoption of such plan amendment.
   41         (e)State land planning agency review.—
   42         1. If the state land planning agency elects to review a
   43  plan or plan amendment specified in paragraph (2)(c) or
   44  paragraph (2)(d), the agency must shall issue a report giving
   45  its objections, recommendations, and comments regarding the
   46  proposed plan or plan amendment within 60 days after receipt of
   47  the proposed plan or plan amendment. Notwithstanding the
   48  limitation on comments in sub-subparagraph (3)(b)4.g., the state
   49  land planning agency may make objections, recommendations, and
   50  comments in its report regarding whether the plan or plan
   51  amendment is in compliance and whether the plan or plan
   52  amendment will adversely impact important state resources and
   53  facilities. Any objection regarding an important state resource
   54  or facility that will be adversely impacted by the adopted plan
   55  or plan amendment must shall also state with specificity how the
   56  plan or plan amendment will adversely impact the important state
   57  resource or facility and must shall identify measures the local
   58  government may take to eliminate, reduce, or mitigate the
   59  adverse impacts. When a federal, state, or regional agency has
   60  implemented a permitting program, a local government is not
   61  required to duplicate or exceed that permitting program in its
   62  comprehensive plan or to implement such a permitting program in
   63  its land development regulations. This subparagraph does not
   64  prohibit the state land planning agency in conducting its review
   65  of local plans or plan amendments from making objections,
   66  recommendations, and comments regarding densities and
   67  intensities consistent with this part. In preparing its
   68  comments, the state land planning agency shall only base its
   69  considerations on written, and not oral, comments.
   70         2. The state land planning agency review shall identify all
   71  written communications with the agency regarding the proposed
   72  plan amendment. The written identification must include a list
   73  of all documents received or generated by the agency, which list
   74  must be of sufficient specificity to enable the documents to be
   75  identified and copies requested, if desired, and the name of the
   76  person to be contacted to request copies of any identified
   77  document.
   78         (f)(e)Local government review of comments; adoption of
   79  plan or amendments and transmittal.—
   80         1. The local government shall review the report submitted
   81  to it by the state land planning agency, if any, and written
   82  comments submitted to it by any other person, agency, or
   83  government. The local government, upon receipt of the report
   84  from the state land planning agency, shall hold a its second
   85  public hearing, which shall be a hearing to determine whether to
   86  adopt the comprehensive plan or one or more comprehensive plan
   87  amendments pursuant to subsection (11). If the local government
   88  fails to hold the second hearing within 180 days after receipt
   89  of the state land planning agency’s report, the amendments are
   90  shall be deemed withdrawn unless extended by agreement with
   91  notice to the state land planning agency and any affected person
   92  who that provided comments on the amendment. The 180-day
   93  limitation does not apply to amendments processed pursuant to s.
   94  380.06.
   95         2. All comprehensive plan amendments adopted by the
   96  governing body, along with the supporting data and analysis,
   97  must shall be transmitted within 10 working days after the
   98  second public hearing to the state land planning agency and any
   99  other agency or local government that provided timely comments
  100  under paragraph (c). Comprehensive plan amendments by a county
  101  as defined in s. 125.011(1) or any municipality located therein
  102  that apply to any land within, or within 2 miles of, the
  103  Everglades Protection Area as defined in s. 373.4592(2) must be
  104  additionally transmitted within 10 working days after the second
  105  public hearing to the Department of Environmental Protection.
  106         3. The state land planning agency shall notify the local
  107  government of any deficiencies within 5 working days after
  108  receipt of a plan or plan amendment package. For purposes of
  109  completeness, a plan or plan amendment is shall be deemed
  110  complete if it contains a full, executed copy of the adoption
  111  ordinance or ordinances; in the case of a text amendment, a full
  112  copy of the amended language in legislative format with new
  113  words inserted in the text underlined, and words deleted
  114  stricken with hyphens; in the case of a future land use map
  115  amendment, a copy of the future land use map clearly depicting
  116  the parcel, its existing future land use designation, and its
  117  adopted designation; and a copy of any data and analyses the
  118  local government deems appropriate.
  119         4. After the state land planning agency makes a
  120  determination of completeness regarding the adopted plan or plan
  121  amendment, the state land planning agency shall have 45 days to
  122  determine if the plan or plan amendment is in compliance with
  123  this act. Unless the plan or plan amendment is substantially
  124  changed from the one commented on, the state land planning
  125  agency’s compliance determination is shall be limited to
  126  objections raised in the objections, recommendations, and
  127  comments report and the review of planning strategies or
  128  measures adopted pursuant to paragraph (d). During the period
  129  provided for in this subparagraph, the state land planning
  130  agency shall issue, through a senior administrator or the
  131  secretary, a notice of intent to find that the plan or plan
  132  amendment is in compliance or not in compliance. The state land
  133  planning agency shall post a copy of the notice of intent on the
  134  agency’s Internet website. Publication by the state land
  135  planning agency of the notice of intent on the state land
  136  planning agency’s website is Internet site shall be prima facie
  137  evidence of compliance with the publication requirements of this
  138  subparagraph.
  139         5. A plan or plan amendment adopted under the state
  140  coordinated review process must shall go into effect pursuant to
  141  the state land planning agency’s notice of intent. If timely
  142  challenged, an amendment does not become effective until the
  143  state land planning agency or the Administration Commission
  144  enters a final order determining the adopted amendment to be in
  145  compliance.
  146         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  147  AMENDMENTS.—
  148         (b) The state land planning agency may file a petition with
  149  the Division of Administrative Hearings pursuant to ss. 120.569
  150  and 120.57, with a copy served on the affected local government,
  151  to request a formal hearing to challenge whether the plan or
  152  plan amendment is in compliance as defined in paragraph (1)(b).
  153  The state land planning agency’s petition must clearly state the
  154  reasons for the challenge. Under the expedited state review
  155  process, this petition must be filed with the division within 30
  156  days after the state land planning agency notifies the local
  157  government that the plan amendment package is complete according
  158  to subparagraph (3)(c)3. Under the state coordinated review
  159  process, this petition must be filed with the division within 45
  160  days after the state land planning agency notifies the local
  161  government that the plan amendment package is complete according
  162  to subparagraph (4)(f)3 (4)(e)3.
  163         1. The state land planning agency’s challenge to plan
  164  amendments adopted under the expedited state review process is
  165  shall be limited to the comments provided by the reviewing
  166  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  167  determination by the state land planning agency that an
  168  important state resource or facility will be adversely impacted
  169  by the adopted plan amendment. The state land planning agency’s
  170  petition must shall state with specificity how the plan
  171  amendment will adversely impact the important state resource or
  172  facility. The state land planning agency may challenge a plan
  173  amendment that has substantially changed from the version on
  174  which the agencies provided comments but only upon a
  175  determination by the state land planning agency that an
  176  important state resource or facility will be adversely impacted.
  177         2. If the state land planning agency issues a notice of
  178  intent to find the comprehensive plan or plan amendment not in
  179  compliance with this act, the notice of intent must shall be
  180  forwarded to the Division of Administrative Hearings of the
  181  Department of Management Services, which shall conduct a
  182  proceeding under ss. 120.569 and 120.57 in the county of and
  183  convenient to the affected local jurisdiction. The parties to
  184  the proceeding must shall be the state land planning agency, the
  185  affected local government, and any affected person who
  186  intervenes. A No new issue may not be alleged as a reason to
  187  find a plan or plan amendment not in compliance in an
  188  administrative pleading filed more than 21 days after
  189  publication of notice unless the party seeking that issue
  190  establishes good cause for not alleging the issue within that
  191  time period. Good cause does not include excusable neglect.
  192         (11) PUBLIC HEARINGS.—
  193         (a) The procedure for transmittal of a complete proposed
  194  comprehensive plan or plan amendment pursuant to subparagraph
  195  (3)(b)1. and paragraph (4)(b) and for adoption of a
  196  comprehensive plan or plan amendment pursuant to subparagraphs
  197  (3)(c)1. and (4)(f)1. is (4)(e)1. shall be by affirmative vote
  198  of not less than a majority of the members of the governing body
  199  present at the hearing. The adoption of a comprehensive plan or
  200  plan amendment is shall be by ordinance. For the purposes of
  201  transmitting or adopting a comprehensive plan or plan amendment,
  202  the notice requirements in chapters 125 and 166 are superseded
  203  by this subsection, except as provided in this part.
  204         Section 2. Subsections (1) and (2) of section 163.3187,
  205  Florida Statutes, are amended to read:
  206         163.3187 Process for adoption of small-scale small scale
  207  comprehensive plan amendment.—
  208         (1) A small-scale small scale development amendment may be
  209  adopted if all of under the following conditions are met:
  210         (a) The proposed amendment involves a use of 50 acres or
  211  fewer. and:
  212         (b) The proposed amendment does not involve a text change
  213  to the goals, policies, and objectives of the local government’s
  214  comprehensive plan, but only proposes a land use change to the
  215  future land use map for a site-specific small-scale small scale
  216  development activity. However, site-specific text changes that
  217  relate directly to, and are adopted simultaneously with, the
  218  small scale future land use map amendment are shall be
  219  permissible under this section.
  220         (c) The property that is the subject of the proposed
  221  amendment is not located within an area of critical state
  222  concern, unless the project subject to the proposed amendment
  223  involves the construction of affordable housing units meeting
  224  the criteria of s. 420.0004(3), and is located within an area of
  225  critical state concern designated by s. 380.0552 or by the
  226  Administration Commission pursuant to s. 380.05(1).
  227         (d)The property that is the subject of the proposed
  228  amendment by a county as defined in s. 125.011(1) or any
  229  municipality located therein is not located in whole or in part
  230  within, or within 2 miles of, the Everglades Protection Area as
  231  defined in s. 373.4592(2).
  232         (2) Small-scale Small scale development amendments adopted
  233  pursuant to this section require only one public hearing before
  234  the governing board, which must shall be an adoption hearing as
  235  described in s. 163.3184(11). Within 10 days after the adoption
  236  of a small-scale development amendment by a county as defined in
  237  s. 125.011(1) or any municipality located therein, a county
  238  whose