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.