Florida Senate - 2023                              CS for SB 192
       
       
        
       By the Committee on Community Affairs; and Senators Avila,
       Calatayud, Rodriguez, and Gruters
       
       
       
       
       578-02357-23                                           2023192c1
    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 by a county as
   49  defined in s. 125.011(1) or any municipality located therein
   50  which apply to land within, or within 2 miles of, the Everglades
   51  Protection Area as defined in s. 373.4592(2) must follow the
   52  state coordinated review process in subsection (4).
   53         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
   54  COMPREHENSIVE PLAN AMENDMENTS.—
   55         (a) The process for amending a comprehensive plan described
   56  in this subsection applies shall apply to all amendments except
   57  as provided in paragraphs (2)(b), (c), and (d) (2)(b) and (c)
   58  and is shall be applicable statewide.
   59         (4) STATE COORDINATED REVIEW PROCESS.—
   60         (a) Coordination.—The state land planning agency shall only
   61  use the state coordinated review process described in this
   62  subsection for review of comprehensive plans and plan amendments
   63  described in paragraphs (2)(c) and (d) paragraph (2)(c). Each
   64  comprehensive plan or plan amendment proposed to be adopted
   65  pursuant to this subsection must shall be transmitted, adopted,
   66  and reviewed in the manner prescribed in this subsection. The
   67  state land planning agency shall have responsibility for plan
   68  review, coordination, and the preparation and transmission of
   69  comments, pursuant to this subsection, to the local governing
   70  body responsible for the comprehensive plan or plan amendment.
   71         (b) Local government transmittal of proposed plan or
   72  amendment.—Each local governing body proposing a plan or plan
   73  amendment specified in paragraph (2)(c) or paragraph (2)(d) must
   74  shall transmit the complete proposed comprehensive plan or plan
   75  amendment to the reviewing agencies within 10 working days after
   76  the first public hearing pursuant to subsection (11). The
   77  transmitted document must shall clearly indicate on the cover
   78  sheet that this plan amendment is subject to the state
   79  coordinated review process of this subsection. The local
   80  governing body must shall also transmit a copy of the complete
   81  proposed comprehensive plan or plan amendment to any other unit
   82  of local government or government agency in the state that has
   83  filed a written request with the governing body for the plan or
   84  plan amendment.
   85         (c) Reviewing agency comments.Except as provided in
   86  paragraph (d), the agencies specified in paragraph (b) may
   87  provide comments regarding the plan or plan amendments in
   88  accordance with subparagraphs (3)(b)2.-4. However, comments on
   89  plans or plan amendments required to be reviewed under the state
   90  coordinated review process must shall be sent to the state land
   91  planning agency within 30 days after receipt by the state land
   92  planning agency of the complete proposed plan or plan amendment
   93  from the local government. If the state land planning agency
   94  comments on a plan or plan amendment adopted under the state
   95  coordinated review process, it must shall provide comments
   96  according to paragraph (e) (d). Any other unit of local
   97  government or government agency specified in paragraph (b) may
   98  provide comments to the state land planning agency in accordance
   99  with subparagraphs (3)(b)2.-4. within 30 days after receipt by
  100  the state land planning agency of the complete proposed plan or
  101  plan amendment. Written comments submitted by the public must
  102  shall be sent directly to the local government.
  103         (d) Everglades Protection Area determinations.—A proposed
  104  plan or plan amendment that applies to any land within, or
  105  within 2 miles of, the Everglades Protection Area as defined in
  106  s. 373.4592(2) must be reviewed pursuant to this paragraph by
  107  the Department of Environmental Protection in consultation with
  108  all federally recognized Indian tribes in this state. The
  109  department shall determine whether the proposed plan or plan
  110  amendment, or any portion thereof, adversely impacts the
  111  Everglades Protection Area or the Everglades restoration and
  112  protection objectives identified in s. 373.4592. The department
  113  shall issue a written determination to the state land planning
  114  agency, the local government, and all federally recognized
  115  Indian tribes in this state within 30 days after receipt of the
  116  proposed plan or plan amendment. The determination must identify
  117  any adverse impacts and may be provided as part of the agency’s
  118  comments pursuant to paragraph (c). Before the adoption of the
  119  proposed plan or plan amendment, the department shall work in
  120  coordination with the state land planning agency, the local
  121  government, and all federally recognized Indian tribes in this
  122  state to identify any planning strategies or measures that the
  123  local government could include in the proposed plan or plan
  124  amendment to eliminate or mitigate any adverse impacts to the
  125  Everglades Protection Area or the Everglades restoration and
  126  protection objectives in s. 373.4592. If the department
  127  determines that any portion of the proposed plan or plan
  128  amendment will adversely impact the Everglades Protection Area
  129  or the Everglades restoration and protection objectives
  130  identified in s. 373.4592, the local government must modify that
  131  portion of the proposed plan or plan amendment to include
  132  planning strategies or measures to eliminate or mitigate such
  133  adverse impacts before adopting the proposed plan or plan
  134  amendment or that portion of the proposed plan or plan amendment
  135  may not be adopted.
  136         (e)State land planning agency review.—
  137         1. If the state land planning agency elects to review a
  138  plan or plan amendment specified in paragraph (2)(c) or
  139  paragraph (2)(d), the agency must shall issue a report giving
  140  its objections, recommendations, and comments regarding the
  141  proposed plan or plan amendment within 60 days after receipt of
  142  the proposed plan or plan amendment. Notwithstanding the
  143  limitation on comments in sub-subparagraph (3)(b)4.g., the state
  144  land planning agency may make objections, recommendations, and
  145  comments in its report regarding whether the plan or plan
  146  amendment is in compliance and whether the plan or plan
  147  amendment will adversely impact important state resources and
  148  facilities. Any objection regarding an important state resource
  149  or facility that will be adversely impacted by the adopted plan
  150  or plan amendment must shall also state with specificity how the
  151  plan or plan amendment will adversely impact the important state
  152  resource or facility and must shall identify measures the local
  153  government may take to eliminate, reduce, or mitigate the
  154  adverse impacts. When a federal, state, or regional agency has
  155  implemented a permitting program, a local government is not
  156  required to duplicate or exceed that permitting program in its
  157  comprehensive plan or to implement such a permitting program in
  158  its land development regulations. This subparagraph does not
  159  prohibit the state land planning agency in conducting its review
  160  of local plans or plan amendments from making objections,
  161  recommendations, and comments regarding densities and
  162  intensities consistent with this part. In preparing its
  163  comments, the state land planning agency shall only base its
  164  considerations on written, and not oral, comments.
  165         2. The state land planning agency review shall identify all
  166  written communications with the agency regarding the proposed
  167  plan amendment. The written identification must include a list
  168  of all documents received or generated by the agency, which list
  169  must be of sufficient specificity to enable the documents to be
  170  identified and copies requested, if desired, and the name of the
  171  person to be contacted to request copies of any identified
  172  document.
  173         (f)(e)Local government review of comments; adoption of
  174  plan or amendments and transmittal.—
  175         1. The local government shall review the report submitted
  176  to it by the state land planning agency, if any, and written
  177  comments submitted to it by any other person, agency, or
  178  government. The local government, upon receipt of the report
  179  from the state land planning agency, shall hold a its second
  180  public hearing, which shall be a hearing to determine whether to
  181  adopt the comprehensive plan or one or more comprehensive plan
  182  amendments pursuant to subsection (11). If the local government
  183  fails to hold the second hearing within 180 days after receipt
  184  of the state land planning agency’s report, the amendments are
  185  shall be deemed withdrawn unless extended by agreement with
  186  notice to the state land planning agency and any affected person
  187  who that provided comments on the amendment. The 180-day
  188  limitation does not apply to amendments processed pursuant to s.
  189  380.06.
  190         2. All comprehensive plan amendments adopted by the
  191  governing body, along with the supporting data and analysis,
  192  must shall be transmitted within 10 working days after the
  193  second public hearing to the state land planning agency and any
  194  other agency or local government that provided timely comments
  195  under paragraph (c). Comprehensive plan amendments that apply to
  196  any land within, or within 2 miles of, the Everglades Protection
  197  Area as defined in s. 373.4592(2) must be additionally
  198  transmitted within 10 working days after the second public
  199  hearing to the Department of Environmental Protection.
  200         3. The state land planning agency shall notify the local
  201  government of any deficiencies within 5 working days after
  202  receipt of a plan or plan amendment package. For purposes of
  203  completeness, a plan or plan amendment is shall be deemed
  204  complete if it contains a full, executed copy of the adoption
  205  ordinance or ordinances; in the case of a text amendment, a full
  206  copy of the amended language in legislative format with new
  207  words inserted in the text underlined, and words deleted
  208  stricken with hyphens; in the case of a future land use map
  209  amendment, a copy of the future land use map clearly depicting
  210  the parcel, its existing future land use designation, and its
  211  adopted designation; and a copy of any data and analyses the
  212  local government deems appropriate.
  213         4. After the state land planning agency makes a
  214  determination of completeness regarding the adopted plan or plan
  215  amendment, the state land planning agency shall have 45 days to
  216  determine if the plan or plan amendment is in compliance with
  217  this act. Unless the plan or plan amendment is substantially
  218  changed from the one commented on, the state land planning
  219  agency’s compliance determination is shall be limited to
  220  objections raised in the objections, recommendations, and
  221  comments report and the review of planning strategies or
  222  measures adopted pursuant to paragraph (d). During the period
  223  provided for in this subparagraph, the state land planning
  224  agency shall issue, through a senior administrator or the
  225  secretary, a notice of intent to find that the plan or plan
  226  amendment is in compliance or not in compliance. The state land
  227  planning agency shall post a copy of the notice of intent on the
  228  agency’s Internet website. Publication by the state land
  229  planning agency of the notice of intent on the state land
  230  planning agency’s website is Internet site shall be prima facie
  231  evidence of compliance with the publication requirements of this
  232  subparagraph.
  233         5. A plan or plan amendment adopted under the state
  234  coordinated review process must shall go into effect pursuant to
  235  the state land planning agency’s notice of intent. If timely
  236  challenged, an amendment does not become effective until the
  237  state land planning agency or the Administration Commission
  238  enters a final order determining the adopted amendment to be in
  239  compliance.
  240         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  241  AMENDMENTS.—
  242         (b) The state land planning agency may file a petition with
  243  the Division of Administrative Hearings pursuant to ss. 120.569
  244  and 120.57, with a copy served on the affected local government,
  245  to request a formal hearing to challenge whether the plan or
  246  plan amendment is in compliance as defined in paragraph (1)(b).
  247  The state land planning agency’s petition must clearly state the
  248  reasons for the challenge. Under the expedited state review
  249  process, this petition must be filed with the division within 30
  250  days after the state land planning agency notifies the local
  251  government that the plan amendment package is complete according
  252  to subparagraph (3)(c)3. Under the state coordinated review
  253  process, this petition must be filed with the division within 45
  254  days after the state land planning agency notifies the local
  255  government that the plan amendment package is complete according
  256  to subparagraph (4)(f)3 (4)(e)3.
  257         1. The state land planning agency’s challenge to plan
  258  amendments adopted under the expedited state review process is
  259  shall be limited to the comments provided by the reviewing
  260  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  261  determination by the state land planning agency that an
  262  important state resource or facility will be adversely impacted
  263  by the adopted plan amendment. The state land planning agency’s
  264  petition must shall state with specificity how the plan
  265  amendment will adversely impact the important state resource or
  266  facility. The state land planning agency may challenge a plan
  267  amendment that has substantially changed from the version on
  268  which the agencies provided comments but only upon a
  269  determination by the state land planning agency that an
  270  important state resource or facility will be adversely impacted.
  271         2. If the state land planning agency issues a notice of
  272  intent to find the comprehensive plan or plan amendment not in
  273  compliance with this act, the notice of intent must shall be
  274  forwarded to the Division of Administrative Hearings of the
  275  Department of Management Services, which shall conduct a
  276  proceeding under ss. 120.569 and 120.57 in the county of and
  277  convenient to the affected local jurisdiction. The parties to
  278  the proceeding must shall be the state land planning agency, the
  279  affected local government, and any affected person who
  280  intervenes. A No new issue may not be alleged as a reason to
  281  find a plan or plan amendment not in compliance in an
  282  administrative pleading filed more than 21 days after
  283  publication of notice unless the party seeking that issue
  284  establishes good cause for not alleging the issue within that
  285  time period. Good cause does not include excusable neglect.
  286         (11) PUBLIC HEARINGS.—
  287         (a) The procedure for transmittal of a complete proposed
  288  comprehensive plan or plan amendment pursuant to subparagraph
  289  (3)(b)1. and paragraph (4)(b) and for adoption of a
  290  comprehensive plan or plan amendment pursuant to subparagraphs
  291  (3)(c)1. and (4)(f)1. is (4)(e)1. shall be by affirmative vote
  292  of not less than a majority of the members of the governing body
  293  present at the hearing. The adoption of a comprehensive plan or
  294  plan amendment is shall be by ordinance. For the purposes of
  295  transmitting or adopting a comprehensive plan or plan amendment,
  296  the notice requirements in chapters 125 and 166 are superseded
  297  by this subsection, except as provided in this part.
  298         Section 2. Subsections (1) and (2) of section 163.3187,
  299  Florida Statutes, are amended to read:
  300         163.3187 Process for adoption of small-scale small scale
  301  comprehensive plan amendment.—
  302         (1) A small-scale small scale development amendment may be
  303  adopted if all of under the following conditions are met:
  304         (a) The proposed amendment involves a use of 50 acres or
  305  fewer. and:
  306         (b) The proposed amendment does not involve a text change
  307  to the goals, policies, and objectives of the local government’s
  308  comprehensive plan, but only proposes a land use change to the
  309  future land use map for a site-specific small-scale small scale
  310  development activity. However, site-specific text changes that
  311  relate directly to, and are adopted simultaneously with, the
  312  small scale future land use map amendment are shall be
  313  permissible under this section.
  314         (c) The property that is the subject of the proposed
  315  amendment is not located within an area of critical state
  316  concern, unless the project subject to the proposed amendment
  317  involves the construction of affordable housing units meeting
  318  the criteria of s. 420.0004(3), and is located within an area of
  319  critical state concern designated by s. 380.0552 or by the
  320  Administration Commission pursuant to s. 380.05(1).
  321         (d)The property that is the subject of the proposed
  322  amendment is not located in whole or in part within, or within 2
  323  miles of, the Everglades Protection Area as defined in s.
  324  373.4592(2).
  325         (2) Small-scale Small scale development amendments adopted
  326  pursuant to this section require only one public hearing before
  327  the governing board, which must shall be an adoption hearing as
  328  described in s. 163.3184(11). Within 10 days after the adoption
  329  of a small-scale development amendment, a county whose
  330  boundaries include any portion of the Everglades Protection Area
  331  designated under s. 373.4592, and the municipalities within the
  332  county, shall transmit a copy of the amendment to the state land
  333  planning agency for recordkeeping purposes.
  334         Section 3. Subsection (5) of section 420.615, Florida
  335  Statutes, is amended to read:
  336         420.615 Affordable housing land donation density bonus
  337  incentives.—
  338         (5) The local government, as part of the approval process,
  339  shall adopt a comprehensive plan amendment, pursuant to part II
  340  of chapter 163, for the receiving land that incorporates the
  341  density bonus. Such amendment must shall be adopted in the
  342  manner as required for small-scale amendments pursuant to s.
  343  163.3187 and is not subject to the requirements of s.
  344  163.3184(4)(b), (c), or (e) s. 163.3184(4)(b)-(d).
  345         Section 4. This act shall take effect July 1, 2023.