Florida Senate - 2013 SB 786 By Senator Simpson 18-00288-13 2013786__ 1 A bill to be entitled 2 An act relating to comprehensive plan amendments; 3 creating s. 163.3186, F.S.; providing legislative 4 findings; establishing a pilot program in specified 5 areas of the state to test and review an alternative 6 plan amendment; providing a process for the adoption 7 of comprehensive plan amendments; providing an 8 exception for certain local governments and other 9 specified areas; providing that agencies may not adopt 10 rules to implement the program; requiring that the 11 Office of Program Policy Analysis and Government 12 Accountability (OPPAGA) submit a report; requiring 13 OPPAGA to consider certain areas in drafting the 14 report; providing an effective date. 15 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 163.3186, Florida Statutes, is created 20 to read: 21 163.3186 Developed Local Governments Comprehensive Planning 22 Pilot Program.— 23 (1) LEGISLATIVE FINDINGS.— 24 (a) The Legislature finds that local governments in this 25 state have a wide diversity of resources, conditions, abilities, 26 and needs. The Legislature also finds that the needs and 27 resources of developed areas are different from those of rural 28 areas and that they require different planning and growth 29 management approaches. The state role in overseeing growth 30 management should reflect this diversity and should vary based 31 on local government conditions, capabilities, needs, and extent 32 of development. Thus, the Legislature recognizes that reduced 33 state oversight of local comprehensive planning is justified for 34 some local governments in developed areas. 35 (b) The Legislature finds and declares that this state’s 36 developed areas require a reduced level of state oversight 37 because of their high degree of urbanization and the planning 38 capabilities and resources of many of their local governments. 39 The Legislature finds that the process for amending local 40 comprehensive plans in these areas should be established with an 41 objective of streamlining the process and recognizing local 42 responsibility and accountability. 43 (c) The Legislature finds that a pilot program will be 44 beneficial in evaluating an alternative plan amendment adoption 45 and review process. Local governments that participate in the 46 pilot project must be representative of highly developed 47 counties and municipalities. 48 (2) DEVELOPED LOCAL GOVERNMENTS COMPREHENSIVE PLANNING 49 PILOT PROGRAM.—Jacksonville, Miami, Tampa, Hialeah, Pinellas 50 County, and Broward County shall follow the alternative plan 51 amendment review process provided in this section. 52 Municipalities within Pinellas and Broward Counties may elect, 53 by supermajority vote of the governing body, not to participate 54 in the pilot program. 55 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS 56 UNDER THE PILOT PROGRAM.— 57 (a) A plan amendment adopted by a pilot program 58 jurisdiction must follow the process in subsections (4) and (5), 59 except as specified in s. 163.3184(2)(c). 60 (b) Pilot program jurisdictions are subject to the 61 frequency and timing requirements for plan amendments specified 62 in s. 163.3191, except as otherwise provided in this section. 63 (4) HEARING ON COMPREHENSIVE PLAN AMENDMENTS.—An amendment 64 adopted pursuant to this section requires at least one public 65 adoption hearing before the governing board, as described in s. 66 163.3184(11). 67 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT 68 AREAS.— 69 (a) The adoption of a comprehensive plan amendment must be 70 by ordinance and requires an affirmative vote of a majority of 71 the members of the governing body present at the public hearing. 72 (b) The governing body shall transmit an adopted 73 comprehensive plan amendment with supporting data and analysis 74 to the state land planning agency within 10 days after the 75 public hearing, excluding weekends and legal holidays. 76 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT 77 PROGRAM.— 78 (a) Any affected person as defined in s. 163.3184(1)(a) may 79 file a petition with the Division of Administrative Hearings 80 pursuant to ss. 120.569 and 120.57, with a copy served on the 81 affected local government, to request a formal hearing to 82 challenge whether a plan or plan amendment is in compliance with 83 this act as defined in s. 163.3184(1)(b). The parties to such 84 proceeding are the petitioner, the affected local government, 85 and any affected person who intervenes. The state land planning 86 agency may not intervene in any proceeding initiated under this 87 section. 88 (b) If the Division of Administrative Hearings grants the 89 petition, an administrative law judge must hold a hearing in the 90 affected local jurisdiction, not less than 30 days and not more 91 than 60 days after being assigned, on whether the plan or 92 amendment is in compliance. In challenges filed by an affected 93 person, the plan amendment must be determined to be in 94 compliance if the local government’s determination of compliance 95 is fairly debatable. 96 (c) If the administrative law judge recommends that the 97 amendment be found not in compliance, the judge must submit the 98 recommended order to the Administration Commission for final 99 agency action. 100 (d) If the administrative law judge recommends that the 101 amendment be found in compliance, the judge must submit the 102 recommended order to the state land planning agency. 103 1. If the state land planning agency determines that the 104 plan amendment should be found not in compliance, the agency 105 must, within 90 days after receiving the judge’s recommended 106 order, submit its recommended order to the Administration 107 Commission for final agency action. 108 2. If the state land planning agency determines that the 109 plan amendment is in compliance, the agency must enter a final 110 order within 90 days after receiving the judge’s recommended 111 order. 112 (e) An adopted amendment does not become effective until 31 113 days after adoption. If challenged within 30 days after 114 adoption, the amendment does not become effective until the 115 state land planning agency or the Administration Commission 116 enters a final order determining the adopted amendment to be in 117 compliance. 118 (7) EXCEPTION.—Local governments and specific areas 119 designated for the Local Government Comprehensive Planning 120 Certification Program pursuant to s. 163.3246 are not subject to 121 this section. 122 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—An agency may 123 not adopt rules to implement this pilot program. 124 (9) REPORT.—The Office of Program Policy Analysis and 125 Government Accountability shall submit to the President of the 126 Senate and the Speaker of the House of Representatives, by 127 December 1, 2016, a review of the pilot program which addresses 128 the legislative findings in subsection (1) in areas designated 129 in subsection (2) which meet the development criteria. The 130 review must consider the following: 131 (a) Program implementation status. 132 (b) Program performance and outcomes. 133 (c) Program benefits and challenges. 134 (d) Program modification. 135 Section 2. This act shall take effect October 1, 2013.