Florida Senate - 2023 SB 192
By Senator Avila
39-00612-23 2023192__
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 that apply to certain lands
5 within or near the Everglades Protection Area to
6 follow the state coordinated review process; requiring
7 the Department of Environmental Protection, in
8 consultation with specified entities, to make certain
9 determinations for such plans and amendments, to
10 provide written determinations to the local government
11 and specified entities within a specified timeframe,
12 and to coordinate with the local government and
13 specified entities on certain planning strategies and
14 mitigation measures; providing a condition for the
15 adoption of such plans and plan amendments upon
16 certain determinations by the department; specifying a
17 requirement for the transmittal of certain
18 comprehensive plan amendments to the department;
19 revising the scope of the state land planning agency’s
20 compliance determination relating to plans and plan
21 amendments; making technical changes; amending s.
22 163.3187, F.S.; authorizing site-specific text changes
23 for small-scale future land use map amendments;
24 prohibiting the adoption of small-scale development
25 amendments for properties located within or near the
26 Everglades Protection Area; requiring local
27 governments whose boundaries include any portion of
28 the Everglades Protection Area to transmit copies of
29 adopted small-scale development amendments to the
30 state land planning agency within a specified
31 timeframe; making technical changes; amending s.
32 420.615, F.S.; conforming a cross-reference; providing
33 an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (a) of subsection (2), paragraph (a)
38 of subsection (3), subsection (4), paragraph (b) of subsection
39 (5), and paragraph (a) of subsection (11) of section 163.3184,
40 Florida Statutes, are amended, and paragraph (d) is added to
41 subsection (2) of that section, to read:
42 163.3184 Process for adoption of comprehensive plan or plan
43 amendment.—
44 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
45 (a) Plan amendments adopted by local governments must shall
46 follow the expedited state review process in subsection (3),
47 except as set forth in paragraphs (b), (c), and (d) (b) and (c).
48 (d) Proposed plans and plan amendments that apply to any
49 land within, or within 2 miles of, the Everglades Protection
50 Area as defined in s. 373.4592(2) must follow the state
51 coordinated review process in subsection (4).
52 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
53 COMPREHENSIVE PLAN AMENDMENTS.—
54 (a) The process for amending a comprehensive plan described
55 in this subsection applies shall apply to all amendments except
56 as provided in paragraphs (2)(b), (c), and (d) (2)(b) and (c)
57 and is shall be applicable statewide.
58 (4) STATE COORDINATED REVIEW PROCESS.—
59 (a) Coordination.—The state land planning agency shall only
60 use the state coordinated review process described in this
61 subsection for review of comprehensive plans and plan amendments
62 described in paragraphs (2)(c) and (d) paragraph (2)(c). Each
63 comprehensive plan or plan amendment proposed to be adopted
64 pursuant to this subsection must shall be transmitted, adopted,
65 and reviewed in the manner prescribed in this subsection. The
66 state land planning agency shall have responsibility for plan
67 review, coordination, and the preparation and transmission of
68 comments, pursuant to this subsection, to the local governing
69 body responsible for the comprehensive plan or plan amendment.
70 (b) Local government transmittal of proposed plan or
71 amendment.—Each local governing body proposing a plan or plan
72 amendment specified in paragraph (2)(c) or paragraph (2)(d) must
73 shall transmit the complete proposed comprehensive plan or plan
74 amendment to the reviewing agencies within 10 working days after
75 the first public hearing pursuant to subsection (11). The
76 transmitted document must shall clearly indicate on the cover
77 sheet that this plan amendment is subject to the state
78 coordinated review process of this subsection. The local
79 governing body must shall also transmit a copy of the complete
80 proposed comprehensive plan or plan amendment to any other unit
81 of local government or government agency in the state that has
82 filed a written request with the governing body for the plan or
83 plan amendment.
84 (c) Reviewing agency comments.—Except as provided in
85 paragraph (d), the agencies specified in paragraph (b) may
86 provide comments regarding the plan or plan amendments in
87 accordance with subparagraphs (3)(b)2.-4. However, comments on
88 plans or plan amendments required to be reviewed under the state
89 coordinated review process must shall be sent to the state land
90 planning agency within 30 days after receipt by the state land
91 planning agency of the complete proposed plan or plan amendment
92 from the local government. If the state land planning agency
93 comments on a plan or plan amendment adopted under the state
94 coordinated review process, it must shall provide comments
95 according to paragraph (e) (d). Any other unit of local
96 government or government agency specified in paragraph (b) may
97 provide comments to the state land planning agency in accordance
98 with subparagraphs (3)(b)2.-4. within 30 days after receipt by
99 the state land planning agency of the complete proposed plan or
100 plan amendment. Written comments submitted by the public must
101 shall be sent directly to the local government.
102 (d) Everglades Protection Area determinations.—A proposed
103 plan or plan amendment that applies to any land within, or
104 within 2 miles of, the Everglades Protection Area as defined in
105 s. 373.4592(2) must be reviewed pursuant to this paragraph by
106 the Department of Environmental Protection in consultation with
107 all federally recognized Indian tribes in this state. The
108 department shall determine whether the proposed plan or plan
109 amendment, or any portion thereof, adversely impacts the
110 Everglades Protection Area or the Everglades restoration and
111 protection objectives identified in s. 373.4592. The department
112 shall issue a written determination to the state land planning
113 agency, the local government, and all federally recognized
114 Indian tribes in this state within 30 days after receipt of the
115 proposed plan or plan amendment. The determination must identify
116 any adverse impacts and may be provided as part of the agency’s
117 comments pursuant to paragraph (c). Before the adoption of the
118 proposed plan or plan amendment, the department shall work in
119 coordination with the state land planning agency, the local
120 government, and all federally recognized Indian tribes in this
121 state to identify any planning strategies or measures that the
122 local government could include in the proposed plan or plan
123 amendment to eliminate or mitigate any adverse impacts to the
124 Everglades Protection Area or the Everglades restoration and
125 protection objectives in s. 373.4592. If the department
126 determines that any portion of the proposed plan or plan
127 amendment will adversely impact the Everglades Protection Area
128 or the Everglades restoration and protection objectives
129 identified in s. 373.4592, the local government must modify that
130 portion of the proposed plan or plan amendment to include
131 planning strategies or measures to eliminate or mitigate such
132 adverse impacts before adopting the proposed plan or plan
133 amendment or that portion of the proposed plan or plan amendment
134 may not be adopted.
135 (e) State land planning agency review.—
136 1. If the state land planning agency elects to review a
137 plan or plan amendment specified in paragraph (2)(c) or
138 paragraph (2)(d), the agency must shall issue a report giving
139 its objections, recommendations, and comments regarding the
140 proposed plan or plan amendment within 60 days after receipt of
141 the proposed plan or plan amendment. Notwithstanding the
142 limitation on comments in sub-subparagraph (3)(b)4.g., the state
143 land planning agency may make objections, recommendations, and
144 comments in its report regarding whether the plan or plan
145 amendment is in compliance and whether the plan or plan
146 amendment will adversely impact important state resources and
147 facilities. Any objection regarding an important state resource
148 or facility that will be adversely impacted by the adopted plan
149 or plan amendment must shall also state with specificity how the
150 plan or plan amendment will adversely impact the important state
151 resource or facility and must shall identify measures the local
152 government may take to eliminate, reduce, or mitigate the
153 adverse impacts. When a federal, state, or regional agency has
154 implemented a permitting program, a local government is not
155 required to duplicate or exceed that permitting program in its
156 comprehensive plan or to implement such a permitting program in
157 its land development regulations. This subparagraph does not
158 prohibit the state land planning agency in conducting its review
159 of local plans or plan amendments from making objections,
160 recommendations, and comments regarding densities and
161 intensities consistent with this part. In preparing its
162 comments, the state land planning agency shall only base its
163 considerations on written, and not oral, comments.
164 2. The state land planning agency review shall identify all
165 written communications with the agency regarding the proposed
166 plan amendment. The written identification must include a list
167 of all documents received or generated by the agency, which list
168 must be of sufficient specificity to enable the documents to be
169 identified and copies requested, if desired, and the name of the
170 person to be contacted to request copies of any identified
171 document.
172 (f)(e) Local government review of comments; adoption of
173 plan or amendments and transmittal.—
174 1. The local government shall review the report submitted
175 to it by the state land planning agency, if any, and written
176 comments submitted to it by any other person, agency, or
177 government. The local government, upon receipt of the report
178 from the state land planning agency, shall hold a its second
179 public hearing, which shall be a hearing to determine whether to
180 adopt the comprehensive plan or one or more comprehensive plan
181 amendments pursuant to subsection (11). If the local government
182 fails to hold the second hearing within 180 days after receipt
183 of the state land planning agency’s report, the amendments are
184 shall be deemed withdrawn unless extended by agreement with
185 notice to the state land planning agency and any affected person
186 who that provided comments on the amendment. The 180-day
187 limitation does not apply to amendments processed pursuant to s.
188 380.06.
189 2. All comprehensive plan amendments adopted by the
190 governing body, along with the supporting data and analysis,
191 must shall be transmitted within 10 working days after the
192 second public hearing to the state land planning agency and any
193 other agency or local government that provided timely comments
194 under paragraph (c). Comprehensive plan amendments that apply to
195 any land within, or within 2 miles of, the Everglades Protection
196 Area as defined in s. 373.4592(2) must be additionally
197 transmitted within 10 working days after the second public
198 hearing to the Department of Environmental Protection.
199 3. The state land planning agency shall notify the local
200 government of any deficiencies within 5 working days after
201 receipt of a plan or plan amendment package. For purposes of
202 completeness, a plan or plan amendment is shall be deemed
203 complete if it contains a full, executed copy of the adoption
204 ordinance or ordinances; in the case of a text amendment, a full
205 copy of the amended language in legislative format with new
206 words inserted in the text underlined, and words deleted
207 stricken with hyphens; in the case of a future land use map
208 amendment, a copy of the future land use map clearly depicting
209 the parcel, its existing future land use designation, and its
210 adopted designation; and a copy of any data and analyses the
211 local government deems appropriate.
212 4. After the state land planning agency makes a
213 determination of completeness regarding the adopted plan or plan
214 amendment, the state land planning agency shall have 45 days to
215 determine if the plan or plan amendment is in compliance with
216 this act. Unless the plan or plan amendment is substantially
217 changed from the one commented on, the state land planning
218 agency’s compliance determination is shall be limited to
219 objections raised in the objections, recommendations, and
220 comments report and the review of planning strategies or
221 measures adopted pursuant to paragraph (d). During the period
222 provided for in this subparagraph, the state land planning
223 agency shall issue, through a senior administrator or the
224 secretary, a notice of intent to find that the plan or plan
225 amendment is in compliance or not in compliance. The state land
226 planning agency shall post a copy of the notice of intent on the
227 agency’s Internet website. Publication by the state land
228 planning agency of the notice of intent on the state land
229 planning agency’s website is Internet site shall be prima facie
230 evidence of compliance with the publication requirements of this
231 subparagraph.
232 5. A plan or plan amendment adopted under the state
233 coordinated review process must shall go into effect pursuant to
234 the state land planning agency’s notice of intent. If timely
235 challenged, an amendment does not become effective until the
236 state land planning agency or the Administration Commission
237 enters a final order determining the adopted amendment to be in
238 compliance.
239 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
240 AMENDMENTS.—
241 (b) The state land planning agency may file a petition with
242 the Division of Administrative Hearings pursuant to ss. 120.569
243 and 120.57, with a copy served on the affected local government,
244 to request a formal hearing to challenge whether the plan or
245 plan amendment is in compliance as defined in paragraph (1)(b).
246 The state land planning agency’s petition must clearly state the
247 reasons for the challenge. Under the expedited state review
248 process, this petition must be filed with the division within 30
249 days after the state land planning agency notifies the local
250 government that the plan amendment package is complete according
251 to subparagraph (3)(c)3. Under the state coordinated review
252 process, this petition must be filed with the division within 45
253 days after the state land planning agency notifies the local
254 government that the plan amendment package is complete according
255 to subparagraph (4)(f)3 (4)(e)3.
256 1. The state land planning agency’s challenge to plan
257 amendments adopted under the expedited state review process is
258 shall be limited to the comments provided by the reviewing
259 agencies pursuant to subparagraphs (3)(b)2.-4., upon a
260 determination by the state land planning agency that an
261 important state resource or facility will be adversely impacted
262 by the adopted plan amendment. The state land planning agency’s
263 petition must shall state with specificity how the plan
264 amendment will adversely impact the important state resource or
265 facility. The state land planning agency may challenge a plan
266 amendment that has substantially changed from the version on
267 which the agencies provided comments but only upon a
268 determination by the state land planning agency that an
269 important state resource or facility will be adversely impacted.
270 2. If the state land planning agency issues a notice of
271 intent to find the comprehensive plan or plan amendment not in
272 compliance with this act, the notice of intent must shall be
273 forwarded to the Division of Administrative Hearings of the
274 Department of Management Services, which shall conduct a
275 proceeding under ss. 120.569 and 120.57 in the county of and
276 convenient to the affected local jurisdiction. The parties to
277 the proceeding must shall be the state land planning agency, the
278 affected local government, and any affected person who
279 intervenes. A No new issue may not be alleged as a reason to
280 find a plan or plan amendment not in compliance in an
281 administrative pleading filed more than 21 days after
282 publication of notice unless the party seeking that issue
283 establishes good cause for not alleging the issue within that
284 time period. Good cause does not include excusable neglect.
285 (11) PUBLIC HEARINGS.—
286 (a) The procedure for transmittal of a complete proposed
287 comprehensive plan or plan amendment pursuant to subparagraph
288 (3)(b)1. and paragraph (4)(b) and for adoption of a
289 comprehensive plan or plan amendment pursuant to subparagraphs
290 (3)(c)1. and (4)(f)1. is (4)(e)1. shall be by affirmative vote
291 of not less than a majority of the members of the governing body
292 present at the hearing. The adoption of a comprehensive plan or
293 plan amendment is shall be by ordinance. For the purposes of
294 transmitting or adopting a comprehensive plan or plan amendment,
295 the notice requirements in chapters 125 and 166 are superseded
296 by this subsection, except as provided in this part.
297 Section 2. Subsections (1) and (2) of section 163.3187,
298 Florida Statutes, are amended to read:
299 163.3187 Process for adoption of small-scale small scale
300 comprehensive plan amendment.—
301 (1) A small-scale small scale development amendment may be
302 adopted if all of under the following conditions are met:
303 (a) The proposed amendment involves a use of 50 acres or
304 fewer. and:
305 (b) The proposed amendment does not involve a text change
306 to the goals, policies, and objectives of the local government’s
307 comprehensive plan, but only proposes a land use change to the
308 future land use map for a site-specific small-scale small scale
309 development activity. However, site-specific text changes that
310 relate directly to, and are adopted simultaneously with, the
311 small scale future land use map amendment are shall be
312 permissible under this section.
313 (c) The property that is the subject of the proposed
314 amendment is not located within an area of critical state
315 concern, unless the project subject to the proposed amendment
316 involves the construction of affordable housing units meeting
317 the criteria of s. 420.0004(3), and is located within an area of
318 critical state concern designated by s. 380.0552 or by the
319 Administration Commission pursuant to s. 380.05(1).
320 (d) The property that is the subject of the proposed
321 amendment is not located in whole or in part within, or within 2
322 miles of, the Everglades Protection Area as defined in s.
323 373.4592(2).
324 (2) Small-scale Small scale development amendments adopted
325 pursuant to this section require only one public hearing before
326 the governing board, which must shall be an adoption hearing as
327 described in s. 163.3184(11). Within 10 days after the adoption
328 of a small-scale development amendment, a county whose
329 boundaries include any portion of the Everglades Protection Area
330 designated under s. 373.4592, and the municipalities within the
331 county, shall transmit a copy of the amendment to the state land
332 planning agency for recordkeeping purposes.
333 Section 3. Subsection (5) of section 420.615, Florida
334 Statutes, is amended to read:
335 420.615 Affordable housing land donation density bonus
336 incentives.—
337 (5) The local government, as part of the approval process,
338 shall adopt a comprehensive plan amendment, pursuant to part II
339 of chapter 163, for the receiving land that incorporates the
340 density bonus. Such amendment must shall be adopted in the
341 manner as required for small-scale amendments pursuant to s.
342 163.3187 and is not subject to the requirements of s.
343 163.3184(4)(b), (c), or (e) s. 163.3184(4)(b)-(d).
344 Section 4. This act shall take effect July 1, 2023.