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