Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 540
       
       
       
       
       
       
                                Ì392366>Î392366                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (DiCeglie) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 17 - 61
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (3) of section
    6  163.3184, Florida Statutes, is amended, and paragraph (g) is
    7  added to subsection (5) of that section, to read:
    8         163.3184 Process for adoption of comprehensive plan or plan
    9  amendment.—
   10         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
   11  COMPREHENSIVE PLAN AMENDMENTS.—
   12         (c)1. The local government shall hold its second public
   13  hearing, which shall be a hearing on whether to adopt one or
   14  more comprehensive plan amendments pursuant to subsection (11).
   15  If the local government fails, within 180 days after receipt of
   16  agency comments, to hold the second public hearing, the
   17  amendment is amendments shall be deemed withdrawn unless
   18  extended by agreement with notice to the state land planning
   19  agency and any affected person that provided comments on the
   20  amendment. If the amendment is not adopted at the second public
   21  hearing, the amendment must be formally adopted by the local
   22  government within 180 days after the second public hearing or
   23  the amendment is deemed withdrawn The 180-day limitation does
   24  not apply to amendments processed pursuant to s. 380.06.
   25         2. All comprehensive plan amendments adopted by the
   26  governing body, along with the supporting data and analysis,
   27  shall be transmitted within 10 working days after the second
   28  public hearing to the state land planning agency and any other
   29  agency or local government that provided timely comments under
   30  subparagraph (b)2.
   31         3. The state land planning agency shall notify the local
   32  government of any deficiencies within 5 working days after
   33  receipt of an amendment package. For purposes of completeness,
   34  an amendment shall be deemed complete if it contains a full,
   35  executed copy of the adoption ordinance or ordinances; in the
   36  case of a text amendment, a full copy of the amended language in
   37  legislative format with new words inserted in the text
   38  underlined, and words deleted stricken with hyphens; in the case
   39  of a future land use map amendment, a copy of the future land
   40  use map clearly depicting the parcel, its existing future land
   41  use designation, and its adopted designation; and a copy of any
   42  data and analyses the local government deems appropriate.
   43         4. An amendment adopted under this paragraph does not
   44  become effective until 31 days after the state land planning
   45  agency notifies the local government that the plan amendment
   46  package is complete. If timely challenged, an amendment does not
   47  become effective until the state land planning agency or the
   48  Administration Commission enters a final order determining the
   49  adopted amendment to be in compliance.
   50         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
   51  AMENDMENTS.—
   52         (g)The prevailing party in a challenge filed under this
   53  subsection is entitled to recover attorney fees and costs in
   54  challenging or defending a plan or plan amendment, including
   55  reasonable appellate attorney fees and costs.
   56         Section 2. The amendment made by section 1 of this act to
   57  s. 163.3184(3)(c), Florida Statutes, is remedial in nature, is
   58  intended to clarify existing law, and applies retroactively to
   59  January 1, 2022.
   60         Section 3. Paragraph (a) of subsection (5) of section
   61  163.3187, Florida Statutes, is amended to read:
   62         163.3187 Process for adoption of small scale comprehensive
   63  plan amendment.—
   64         (5)(a) Any affected person may file a petition with the
   65  Division of Administrative Hearings pursuant to ss. 120.569 and
   66  120.57 to request a hearing to challenge the compliance of a
   67  small scale development amendment with this act within 30 days
   68  following the local government’s adoption of the amendment and
   69  shall serve a copy of the petition on the local government. An
   70  administrative law judge shall hold a hearing in the affected
   71  jurisdiction not less than 30 days nor more than 60 days
   72  following the filing of a petition and the assignment of an
   73  administrative law judge. The parties to a hearing held pursuant
   74  to this subsection shall be the petitioner, the local
   75  government, and any intervenor. In the proceeding, the plan
   76  amendment shall be determined to be in compliance if the local
   77  government’s determination that the small scale development
   78  amendment is in compliance is fairly debatable. The state land
   79  planning agency may not intervene in any proceeding initiated
   80  pursuant to this section. The prevailing party in a challenge
   81  filed under this paragraph is entitled to recover attorney fees
   82  and costs in challenging or defending the order, including
   83  reasonable appellate attorney fees and costs.
   84         Section 4. Present subsection (6) of section 163.3202,
   85  Florida Statutes, is redesignated as subsection (7), and a new
   86  subsection (6) is added to that section to read:
   87         163.3202 Land development regulations.—
   88         (6)Land development regulations relating to any
   89  characteristic of development other than use, or intensity or
   90  density of use, do not apply to Florida College System
   91  institutions as defined in s. 1000.21(3).
   92  
   93  ================= T I T L E  A M E N D M E N T ================
   94  And the title is amended as follows:
   95         Delete lines 3 - 12
   96  and insert:
   97         plans; amending s. 163.3184, F.S.; revising the review
   98         process for adoption of comprehensive plan amendments;
   99         providing that the prevailing party in a challenge to
  100         a plan or plan amendment is entitled to recover
  101         attorney fees and costs; providing construction;
  102         providing retroactive applicability; amending s.
  103         163.3187, F.S.; providing that the prevailing party in
  104         a challenge to the compliance of a small scale
  105         development order is entitled to recover attorney fees
  106         and costs; amending s. 163.3202, F.S.; providing
  107         applicability; amending s. 163.3215, F.S.;