Florida Senate - 2023                       CS for CS for SB 192
       
       
        
       By the Committees on Environment and Natural Resources; and
       Community Affairs; and Senators Avila, Calatayud, Rodriguez, and
       Gruters
       
       
       
       592-02768-23                                           2023192c2
    1                        A bill to be entitled                      
    2         An act relating to the Everglades Protection Area;
    3         amending s. 163.3184, F.S.; requiring that
    4         comprehensive plans and plan amendments that apply to
    5         certain lands within or near the Everglades Protection
    6         Area follow the state coordinated review process;
    7         requiring the Department of Environmental Protection,
    8         in consultation with specified entities, to make
    9         certain determinations for such plans and amendments,
   10         to provide written determinations to the local
   11         government and specified entities within a specified
   12         timeframe, and to coordinate with the local government
   13         and specified entities on certain planning strategies
   14         and mitigation measures; providing a condition for the
   15         adoption of such plans and plan amendments upon
   16         certain determinations by the department; authorizing
   17         a local government to consider an application for a
   18         development permit or development order contingent
   19         upon adoption of such plans and amendments; specifying
   20         a requirement for the transmittal of certain
   21         comprehensive plan amendments to the department;
   22         revising the scope of the state land planning agency’s
   23         compliance determination relating to plans and plan
   24         amendments; making technical changes; amending s.
   25         163.3187, F.S.; authorizing site-specific text changes
   26         for small-scale future land use map amendments;
   27         prohibiting the adoption of small-scale development
   28         amendments for properties located within or near the
   29         Everglades Protection Area; requiring local
   30         governments whose boundaries include any portion of
   31         the Everglades Protection Area to transmit copies of
   32         adopted small-scale development amendments to the
   33         state land planning agency within a specified
   34         timeframe; making technical changes; amending s.
   35         420.615, F.S.; conforming a cross-reference; providing
   36         an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraph (a) of subsection (2), paragraph (a)
   41  of subsection (3), subsection (4), paragraph (b) of subsection
   42  (5), and paragraph (a) of subsection (11) of section 163.3184,
   43  Florida Statutes, are amended, and paragraph (d) is added to
   44  subsection (2) of that section, to read:
   45         163.3184 Process for adoption of comprehensive plan or plan
   46  amendment.—
   47         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
   48         (a) Plan amendments adopted by local governments must shall
   49  follow the expedited state review process in subsection (3),
   50  except as set forth in paragraphs (b), (c), and (d) (b) and (c).
   51         (d)Proposed plans and plan amendments by a county as
   52  defined in s. 125.011(1) or any municipality located therein
   53  which apply to land within, or within 2 miles of, the Everglades
   54  Protection Area as defined in s. 373.4592(2) must follow the
   55  state coordinated review process as provided in subsection (4).
   56         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
   57  COMPREHENSIVE PLAN AMENDMENTS.—
   58         (a) The process for amending a comprehensive plan described
   59  in this subsection applies shall apply to all amendments except
   60  as provided in paragraphs (2)(b), (c), and (d) (2)(b) and (c)
   61  and is shall be applicable statewide.
   62         (4) STATE COORDINATED REVIEW PROCESS.—
   63         (a) Coordination.—The state land planning agency shall only
   64  use the state coordinated review process described in this
   65  subsection for review of comprehensive plans and plan amendments
   66  described in paragraphs (2)(c) and (d) paragraph (2)(c). Each
   67  comprehensive plan or plan amendment proposed to be adopted
   68  pursuant to this subsection must shall be transmitted, adopted,
   69  and reviewed in the manner prescribed in this subsection. The
   70  state land planning agency shall have responsibility for plan
   71  review, coordination, and the preparation and transmission of
   72  comments, pursuant to this subsection, to the local governing
   73  body responsible for the comprehensive plan or plan amendment.
   74         (b) Local government transmittal of proposed plan or
   75  amendment.—Each local governing body proposing a plan or plan
   76  amendment specified in paragraph (2)(c) or paragraph (2)(d) must
   77  shall transmit the complete proposed comprehensive plan or plan
   78  amendment to the reviewing agencies within 10 working days after
   79  the first public hearing pursuant to subsection (11). The
   80  transmitted document must shall clearly indicate on the cover
   81  sheet that this plan amendment is subject to the state
   82  coordinated review process of this subsection. The local
   83  governing body must shall also transmit a copy of the complete
   84  proposed comprehensive plan or plan amendment to any other unit
   85  of local government or government agency in the state that has
   86  filed a written request with the governing body for the plan or
   87  plan amendment.
   88         (c) Reviewing agency comments.Except as provided in
   89  paragraph (d), the agencies specified in paragraph (b) may
   90  provide comments regarding the plan or plan amendments in
   91  accordance with subparagraphs (3)(b)2.-4. However, comments on
   92  plans or plan amendments required to be reviewed under the state
   93  coordinated review process must shall be sent to the state land
   94  planning agency within 30 days after receipt by the state land
   95  planning agency of the complete proposed plan or plan amendment
   96  from the local government. If the state land planning agency
   97  comments on a plan or plan amendment adopted under the state
   98  coordinated review process, it must shall provide comments
   99  according to paragraph (e) (d). Any other unit of local
  100  government or government agency specified in paragraph (b) may
  101  provide comments to the state land planning agency in accordance
  102  with subparagraphs (3)(b)2.-4. within 30 days after receipt by
  103  the state land planning agency of the complete proposed plan or
  104  plan amendment. Written comments submitted by the public must
  105  shall be sent directly to the local government.
  106         (d) Everglades Protection Area determinations.—A proposed
  107  plan or plan amendment by a county as defined in s. 125.011(1)
  108  or any municipality located therein which applies to any land
  109  within, or within 2 miles of, the Everglades Protection Area as
  110  defined in s. 373.4592(2) must be reviewed pursuant to this
  111  paragraph by the Department of Environmental Protection in
  112  consultation with all federally recognized Indian tribes in this
  113  state. The department shall determine whether the proposed plan
  114  or plan amendment, or any portion thereof, adversely impacts the
  115  Everglades Protection Area or the Everglades restoration and
  116  protection objectives identified in s. 373.4592. The department
  117  shall issue a written determination to the state land planning
  118  agency, the local government, and all federally recognized
  119  Indian tribes in this state within 30 days after receipt of the
  120  proposed plan or plan amendment. The determination must identify
  121  any adverse impacts and may be provided as part of the agency’s
  122  comments pursuant to paragraph (c). Before the adoption of the
  123  proposed plan or plan amendment, the department shall work in
  124  coordination with the state land planning agency, the local
  125  government, and all federally recognized Indian tribes in this
  126  state to identify any planning strategies or measures that the
  127  local government could include in the proposed plan or plan
  128  amendment to eliminate or mitigate any adverse impacts to the
  129  Everglades Protection Area or the Everglades restoration and
  130  protection objectives identified in s. 373.4592. If the
  131  department determines that any portion of the proposed plan or
  132  plan amendment will adversely impact the Everglades Protection
  133  Area or the Everglades restoration and protection objectives
  134  identified in s. 373.4592, the local government must modify that
  135  portion of the proposed plan or plan amendment to include
  136  planning strategies or measures to eliminate or mitigate such
  137  adverse impacts before adopting the proposed plan or plan
  138  amendment or that portion of the proposed plan or plan amendment
  139  may not be adopted. During the review process for a plan
  140  amendment pursuant to this paragraph, a local government may
  141  consider an application for a development permit or development
  142  order which is contingent upon adoption of such plan amendment.
  143         (e)State land planning agency review.—
  144         1. If the state land planning agency elects to review a
  145  plan or plan amendment specified in paragraph (2)(c) or
  146  paragraph (2)(d), the agency must shall issue a report giving
  147  its objections, recommendations, and comments regarding the
  148  proposed plan or plan amendment within 60 days after receipt of
  149  the proposed plan or plan amendment. Notwithstanding the
  150  limitation on comments in sub-subparagraph (3)(b)4.g., the state
  151  land planning agency may make objections, recommendations, and
  152  comments in its report regarding whether the plan or plan
  153  amendment is in compliance and whether the plan or plan
  154  amendment will adversely impact important state resources and
  155  facilities. Any objection regarding an important state resource
  156  or facility that will be adversely impacted by the adopted plan
  157  or plan amendment must shall also state with specificity how the
  158  plan or plan amendment will adversely impact the important state
  159  resource or facility and must shall identify measures the local
  160  government may take to eliminate, reduce, or mitigate the
  161  adverse impacts. When a federal, state, or regional agency has
  162  implemented a permitting program, a local government is not
  163  required to duplicate or exceed that permitting program in its
  164  comprehensive plan or to implement such a permitting program in
  165  its land development regulations. This subparagraph does not
  166  prohibit the state land planning agency in conducting its review
  167  of local plans or plan amendments from making objections,
  168  recommendations, and comments regarding densities and
  169  intensities consistent with this part. In preparing its
  170  comments, the state land planning agency shall only base its
  171  considerations on written, and not oral, comments.
  172         2. The state land planning agency review shall identify all
  173  written communications with the agency regarding the proposed
  174  plan amendment. The written identification must include a list
  175  of all documents received or generated by the agency, which list
  176  must be of sufficient specificity to enable the documents to be
  177  identified and copies requested, if desired, and the name of the
  178  person to be contacted to request copies of any identified
  179  document.
  180         (f)(e)Local government review of comments; adoption of
  181  plan or amendments and transmittal.—
  182         1. The local government shall review the report submitted
  183  to it by the state land planning agency, if any, and written
  184  comments submitted to it by any other person, agency, or
  185  government. The local government, upon receipt of the report
  186  from the state land planning agency, shall hold a its second
  187  public hearing, which shall be a hearing to determine whether to
  188  adopt the comprehensive plan or one or more comprehensive plan
  189  amendments pursuant to subsection (11). If the local government
  190  fails to hold the second hearing within 180 days after receipt
  191  of the state land planning agency’s report, the amendments are
  192  shall be deemed withdrawn unless extended by agreement with
  193  notice to the state land planning agency and any affected person
  194  who that provided comments on the amendment. The 180-day
  195  limitation does not apply to amendments processed pursuant to s.
  196  380.06.
  197         2. All comprehensive plan amendments adopted by the
  198  governing body, along with the supporting data and analysis,
  199  must shall be transmitted within 10 working days after the
  200  second public hearing to the state land planning agency and any
  201  other agency or local government that provided timely comments
  202  under paragraph (c). Comprehensive plan amendments by a county
  203  as defined in s. 125.011(1) or any municipality located therein
  204  which apply to any land within, or within 2 miles of, the
  205  Everglades Protection Area as defined in s. 373.4592(2) must be
  206  additionally transmitted within 10 working days after the second
  207  public hearing to the Department of Environmental Protection.
  208         3. The state land planning agency shall notify the local
  209  government of any deficiencies within 5 working days after
  210  receipt of a plan or plan amendment package. For purposes of
  211  completeness, a plan or plan amendment is shall be deemed
  212  complete if it contains a full, executed copy of the adoption
  213  ordinance or ordinances; in the case of a text amendment, a full
  214  copy of the amended language in legislative format with new
  215  words inserted in the text underlined, and words deleted
  216  stricken with hyphens; in the case of a future land use map
  217  amendment, a copy of the future land use map clearly depicting
  218  the parcel, its existing future land use designation, and its
  219  adopted designation; and a copy of any data and analyses the
  220  local government deems appropriate.
  221         4. After the state land planning agency makes a
  222  determination of completeness regarding the adopted plan or plan
  223  amendment, the state land planning agency has shall have 45 days
  224  to determine if the plan or plan amendment is in compliance with
  225  this act. Unless the plan or plan amendment is substantially
  226  changed from the one commented on, the state land planning
  227  agency’s compliance determination is shall be limited to
  228  objections raised in the objections, recommendations, and
  229  comments report and the review of planning strategies or
  230  measures adopted pursuant to paragraph (d). During the period
  231  provided for in this subparagraph, the state land planning
  232  agency shall issue, through a senior administrator or the
  233  secretary, a notice of intent to find that the plan or plan
  234  amendment is in compliance or not in compliance. The state land
  235  planning agency shall post a copy of the notice of intent on the
  236  agency’s Internet website. Publication by the state land
  237  planning agency of the notice of intent on the state land
  238  planning agency’s website is Internet site shall be prima facie
  239  evidence of compliance with the publication requirements of this
  240  subparagraph.
  241         5. A plan or plan amendment adopted under the state
  242  coordinated review process must shall go into effect pursuant to
  243  the state land planning agency’s notice of intent. If timely
  244  challenged, an amendment does not become effective until the
  245  state land planning agency or the Administration Commission
  246  enters a final order determining the adopted amendment to be in
  247  compliance.
  248         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  249  AMENDMENTS.—
  250         (b) The state land planning agency may file a petition with
  251  the Division of Administrative Hearings pursuant to ss. 120.569
  252  and 120.57, with a copy served on the affected local government,
  253  to request a formal hearing to challenge whether the plan or
  254  plan amendment is in compliance as defined in paragraph (1)(b).
  255  The state land planning agency’s petition must clearly state the
  256  reasons for the challenge. Under the expedited state review
  257  process, this petition must be filed with the division within 30
  258  days after the state land planning agency notifies the local
  259  government that the plan amendment package is complete according
  260  to subparagraph (3)(c)3. Under the state coordinated review
  261  process, this petition must be filed with the division within 45
  262  days after the state land planning agency notifies the local
  263  government that the plan amendment package is complete according
  264  to subparagraph (4)(f)3. (4)(e)3.
  265         1. The state land planning agency’s challenge to plan
  266  amendments adopted under the expedited state review process is
  267  shall be limited to the comments provided by the reviewing
  268  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  269  determination by the state land planning agency that an
  270  important state resource or facility will be adversely impacted
  271  by the adopted plan amendment. The state land planning agency’s
  272  petition must shall state with specificity how the plan
  273  amendment will adversely impact the important state resource or
  274  facility. The state land planning agency may challenge a plan
  275  amendment that has substantially changed from the version on
  276  which the agencies provided comments but only upon a
  277  determination by the state land planning agency that an
  278  important state resource or facility will be adversely impacted.
  279         2. If the state land planning agency issues a notice of
  280  intent to find the comprehensive plan or plan amendment not in
  281  compliance with this act, the notice of intent must shall be
  282  forwarded to the Division of Administrative Hearings of the
  283  Department of Management Services, which shall conduct a
  284  proceeding under ss. 120.569 and 120.57 in the county of and
  285  convenient to the affected local jurisdiction. The parties to
  286  the proceeding must shall be the state land planning agency, the
  287  affected local government, and any affected person who
  288  intervenes. A No new issue may not be alleged as a reason to
  289  find a plan or plan amendment not in compliance in an
  290  administrative pleading filed more than 21 days after
  291  publication of notice unless the party seeking that issue
  292  establishes good cause for not alleging the issue within that
  293  time period. Good cause does not include excusable neglect.
  294         (11) PUBLIC HEARINGS.—
  295         (a) The procedure for transmittal of a complete proposed
  296  comprehensive plan or plan amendment pursuant to subparagraph
  297  (3)(b)1. and paragraph (4)(b) and for adoption of a
  298  comprehensive plan or plan amendment pursuant to subparagraphs
  299  (3)(c)1. and (4)(f)1. is (4)(e)1. shall be by affirmative vote
  300  of not less than a majority of the members of the governing body
  301  present at the hearing. The adoption of a comprehensive plan or
  302  plan amendment is shall be by ordinance. For the purposes of
  303  transmitting or adopting a comprehensive plan or plan amendment,
  304  the notice requirements in chapters 125 and 166 are superseded
  305  by this subsection, except as provided in this part.
  306         Section 2. Subsections (1) and (2) of section 163.3187,
  307  Florida Statutes, are amended to read:
  308         163.3187 Process for adoption of small-scale small scale
  309  comprehensive plan amendment.—
  310         (1) A small-scale small scale development amendment may be
  311  adopted if all of under the following conditions are met:
  312         (a) The proposed amendment involves a use of 50 acres or
  313  fewer. and:
  314         (b) The proposed amendment does not involve a text change
  315  to the goals, policies, and objectives of the local government’s
  316  comprehensive plan, but only proposes a land use change to the
  317  future land use map for a site-specific small-scale small scale
  318  development activity. However, site-specific text changes that
  319  relate directly to, and are adopted simultaneously with, the
  320  small scale future land use map amendment are shall be
  321  permissible under this section.
  322         (c) The property that is the subject of the proposed
  323  amendment is not located within an area of critical state
  324  concern, unless the project subject to the proposed amendment
  325  involves the construction of affordable housing units meeting
  326  the criteria of s. 420.0004(3), and is located within an area of
  327  critical state concern designated by s. 380.0552 or by the
  328  Administration Commission pursuant to s. 380.05(1).
  329         (d)The property that is the subject of the proposed
  330  amendment by a county as defined in s. 125.011(1) or any
  331  municipality located therein is not located in whole or in part
  332  within, or within 2 miles of, the Everglades Protection Area as
  333  defined in s. 373.4592(2).
  334         (2) Small-scale Small scale development amendments adopted
  335  pursuant to this section require only one public hearing before
  336  the governing board, which must shall be an adoption hearing as
  337  described in s. 163.3184(11). Within 10 days after the adoption
  338  of a small-scale development amendment by a county as defined in
  339  s. 125.011(1) or any municipality located therein, a county
  340  whose boundaries include any portion of the Everglades
  341  Protection Area designated under s. 373.4592, and the
  342  municipalities within the county, shall transmit a copy of the
  343  amendment to the state land planning agency for recordkeeping
  344  purposes.
  345         Section 3. Subsection (5) of section 420.615, Florida
  346  Statutes, is amended to read:
  347         420.615 Affordable housing land donation density bonus
  348  incentives.—
  349         (5) The local government, as part of the approval process,
  350  shall adopt a comprehensive plan amendment, pursuant to part II
  351  of chapter 163, for the receiving land that incorporates the
  352  density bonus. Such amendment must shall be adopted in the
  353  manner as required for small-scale amendments pursuant to s.
  354  163.3187 and is not subject to the requirements of s.
  355  163.3184(4)(b), (c), or (e) s. 163.3184(4)(b)-(d).
  356         Section 4. This act shall take effect July 1, 2023.