Florida Senate - 2024                                    SB 1364
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01172A-24                                          20241364__
    1                        A bill to be entitled                      
    2         An act relating to the Everglades Protection Area;
    3         amending s. 163.3184, F.S.; requiring that proposed
    4         plans and plan amendments that apply to certain lands
    5         within or near the Everglades Protection Area follow
    6         the state coordinated review process; conforming
    7         provisions to changes made by the act; authorizing
    8         local governments to consider an application for a
    9         development permit or development order contingent
   10         upon adoption of such plans and amendments; providing
   11         duties of the Department of Environmental Protection
   12         relating to such plans and plan amendments; providing
   13         a condition for the adoption of such plans and plan
   14         amendments upon a certain determination by the
   15         department; specifying a requirement for the
   16         transmittal of certain comprehensive plan amendments
   17         to the department; making technical changes; providing
   18         construction; amending s. 163.3187, F.S.; authorizing
   19         site-specific text changes for small-scale future land
   20         use map amendments; prohibiting the adoption of small
   21         scale development amendments for properties located
   22         within or near the Everglades Protection Area;
   23         requiring local governments whose boundaries include
   24         any portion of the Everglades Protection Area to
   25         transmit copies of adopted small-scale development
   26         amendments to the state land planning agency within a
   27         specified timeframe; making technical changes;
   28         providing construction; amending s. 420.615, F.S.;
   29         conforming a cross-reference; providing an effective
   30         date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1.  Paragraph (a) of subsection (2), paragraph (a)
   35  of subsection (3), subsection (4), paragraph (b) of subsection
   36  (5), and paragraph (a) of subsection (11) of section 163.3184,
   37  Florida Statutes, are amended, and paragraph (d) is added to
   38  subsection (2) and subsection (14) is added to that section, to
   39  read:
   40         163.3184 Process for adoption of comprehensive plan or plan
   41  amendment.—
   42         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
   43         (a) Plan amendments adopted by local governments must shall
   44  follow the expedited state review process in subsection (3),
   45  except as set forth in paragraphs (b), and (c), and (d).
   46         (d)Proposed plans and plan amendments by a county as
   47  defined in s. 125.011(1) or any municipality located therein
   48  which apply to land within, or within 2 miles of, the Everglades
   49  Protection Area as defined in s. 373.4592(2), such as lands
   50  within Miami-Dade, Broward, or Monroe County, must follow the
   51  state coordinated review process as provided 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), and (c), and (d) and is shall
   57  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)
   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 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.—The agencies specified in
   85  paragraph (b) may provide comments regarding the plan or plan
   86  amendments in accordance with subparagraphs (3)(b)2.-4. However,
   87  comments on plans or plan amendments required to be reviewed
   88  under the state coordinated review process must shall be sent to
   89  the state land planning agency within 30 days after receipt by
   90  the state land planning agency of the complete proposed plan or
   91  plan amendment from the local government. If the state land
   92  planning agency comments on a plan or plan amendment adopted
   93  under the state coordinated review process, it must shall
   94  provide comments according to paragraph (e) (d). Any other unit
   95  of local government or government agency specified in paragraph
   96  (b) may provide comments to the state land planning agency in
   97  accordance with subparagraphs (3)(b)2.-4. within 30 days after
   98  receipt by the state land planning agency of the complete
   99  proposed plan or plan amendment. Written comments submitted by
  100  the public must shall be sent directly to the local government.
  101         (d) Everglades Protection Area determinations.—A proposed
  102  plan or plan amendment that applies to any land within, or
  103  within 2 miles of, the Everglades Protection Area as defined in
  104  s. 373.4592(2) must be reviewed pursuant to this paragraph by
  105  the Department of Environmental Protection. The department shall
  106  determine whether the proposed plan or plan amendment, or any
  107  portion thereof, adversely impacts the Everglades Protection
  108  Area or the Everglades restoration and protection objectives
  109  identified in s. 373.4592. The department shall issue a written
  110  determination to the state land planning agency and the local
  111  government within 30 days after receipt of the proposed plan or
  112  plan amendment. The determination must identify any adverse
  113  impacts and may be provided as part of the agency’s comments
  114  pursuant to paragraph (c). Before the adoption of the proposed
  115  plan or plan amendment, the department shall work in
  116  coordination with the state land planning agency and the local
  117  government to identify any planning strategies or measures that
  118  the local government could include in the proposed plan or plan
  119  amendment to eliminate or mitigate any adverse impacts to the
  120  Everglades Protection Area or the Everglades restoration and
  121  protection objectives identified in s. 373.4592. If the
  122  department determines that any portion of the proposed plan or
  123  plan amendment will adversely impact the Everglades Protection
  124  Area or the Everglades restoration and protection objectives
  125  identified in s. 373.4592, the local government must modify that
  126  portion of the proposed plan or plan amendment to include
  127  planning strategies or measures to eliminate or mitigate such
  128  adverse impacts before adopting the proposed plan or plan
  129  amendment or that portion of the proposed plan or plan amendment
  130  may not be adopted.
  131         (e)State land planning agency review.—
  132         1. If the state land planning agency elects to review a
  133  plan or plan amendment specified in paragraph (2)(c), the agency
  134  shall issue a report giving its objections, recommendations, and
  135  comments regarding the proposed plan or plan amendment within 60
  136  days after receipt of the proposed plan or plan amendment.
  137  Notwithstanding the limitation on comments in sub-subparagraph
  138  (3)(b)4.g., the state land planning agency may make objections,
  139  recommendations, and comments in its report regarding whether
  140  the plan or plan amendment is in compliance and whether the plan
  141  or plan amendment will adversely impact important state
  142  resources and facilities. Any objection regarding an important
  143  state resource or facility that will be adversely impacted by
  144  the adopted plan or plan amendment shall also state with
  145  specificity how the plan or plan amendment will adversely impact
  146  the important state resource or facility and shall identify
  147  measures the local government may take to eliminate, reduce, or
  148  mitigate the adverse impacts. When a federal, state, or regional
  149  agency has implemented a permitting program, a local government
  150  is not required to duplicate or exceed that permitting program
  151  in its comprehensive plan or to implement such a permitting
  152  program in its land development regulations. This subparagraph
  153  does not prohibit the state land planning agency in conducting
  154  its review of local plans or plan amendments from making
  155  objections, recommendations, and comments regarding densities
  156  and intensities consistent with this part. In preparing its
  157  comments, the state land planning agency shall only base its
  158  considerations on written, and not oral, comments.
  159         2. The state land planning agency review shall identify all
  160  written communications with the agency regarding the proposed
  161  plan amendment. The written identification must include a list
  162  of all documents received or generated by the agency, which list
  163  must be of sufficient specificity to enable the documents to be
  164  identified and copies requested, if desired, and the name of the
  165  person to be contacted to request copies of any identified
  166  document.
  167         (f)(e)Local government review of comments; adoption of
  168  plan or amendments and transmittal.—
  169         1. The local government shall review the report submitted
  170  to it by the state land planning agency, if any, and written
  171  comments submitted to it by any other person, agency, or
  172  government. The local government, upon receipt of the report
  173  from the state land planning agency, shall hold a its second
  174  public hearing, which shall be a hearing to determine whether to
  175  adopt the comprehensive plan or one or more comprehensive plan
  176  amendments pursuant to subsection (11). If the local government
  177  fails to hold the second hearing within 180 days after receipt
  178  of the state land planning agency’s report, the amendments are
  179  shall be deemed withdrawn unless extended by agreement with
  180  notice to the state land planning agency and any affected person
  181  who that provided comments on the amendment. The 180-day
  182  limitation does not apply to amendments processed pursuant to s.
  183  380.06.
  184         2. All comprehensive plan amendments adopted by the
  185  governing body, along with the supporting data and analysis,
  186  must shall be transmitted within 10 working days after the
  187  second public hearing to the state land planning agency and any
  188  other agency or local government that provided timely comments
  189  under paragraph (c). Comprehensive plan amendments by a county
  190  as defined in s. 125.011(1) or any municipality located therein
  191  which apply to land within, or within 2 miles of, the Everglades
  192  Protection Area as defined in s. 373.4592(2), such as lands
  193  within Miami-Dade, Broward, or Monroe County, must also be
  194  transmitted within 10 working days after the second public
  195  hearing to the Department of Environmental Protection.
  196         3. The state land planning agency shall notify the local
  197  government of any deficiencies within 5 working days after
  198  receipt of a plan or plan amendment package. For purposes of
  199  completeness, a plan or plan amendment is shall be deemed
  200  complete if it contains a full, executed copy of the adoption
  201  ordinance or ordinances; in the case of a text amendment, a full
  202  copy of the amended language in legislative format with new
  203  words inserted in the text underlined, and words deleted
  204  stricken with hyphens; in the case of a future land use map
  205  amendment, a copy of the future land use map clearly depicting
  206  the parcel, its existing future land use designation, and its
  207  adopted designation; and a copy of any data and analyses the
  208  local government deems appropriate.
  209         4. After the state land planning agency makes a
  210  determination of completeness regarding the adopted plan or plan
  211  amendment, the state land planning agency has shall have 45 days
  212  to determine if the plan or plan amendment is in compliance with
  213  this act. Unless the plan or plan amendment is substantially
  214  changed from the one commented on, the state land planning
  215  agency’s compliance determination is shall be limited to
  216  objections raised in the objections, recommendations, and
  217  comments report. During the period provided for in this
  218  subparagraph, the state land planning agency shall issue,
  219  through a senior administrator or the secretary, a notice of
  220  intent to find that the plan or plan amendment is in compliance
  221  or not in compliance. The state land planning agency shall post
  222  a copy of the notice of intent on the agency’s Internet website.
  223  Publication by the state land planning agency of the notice of
  224  intent on the state land planning agency’s website is Internet
  225  site shall be prima facie evidence of compliance with the
  226  publication requirements of this subparagraph.
  227         5. A plan or plan amendment adopted under the state
  228  coordinated review process must shall go into effect pursuant to
  229  the state land planning agency’s notice of intent. If timely
  230  challenged, an amendment does not become effective until the
  231  state land planning agency or the Administration Commission
  232  enters a final order determining the adopted amendment to be in
  233  compliance.
  234         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  235  AMENDMENTS.—
  236         (b) The state land planning agency may file a petition with
  237  the Division of Administrative Hearings pursuant to ss. 120.569
  238  and 120.57, with a copy served on the affected local government,
  239  to request a formal hearing to challenge whether the plan or
  240  plan amendment is in compliance as defined in paragraph (1)(b).
  241  The state land planning agency’s petition must clearly state the
  242  reasons for the challenge. Under the expedited state review
  243  process, this petition must be filed with the division within 30
  244  days after the state land planning agency notifies the local
  245  government that the plan amendment package is complete according
  246  to subparagraph (3)(c)3. Under the state coordinated review
  247  process, this petition must be filed with the division within 45
  248  days after the state land planning agency notifies the local
  249  government that the plan amendment package is complete according
  250  to subparagraph (4)(f)3. (4)(e)3.
  251         1. The state land planning agency’s challenge to plan
  252  amendments adopted under the expedited state review process is
  253  shall be limited to the comments provided by the reviewing
  254  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  255  determination by the state land planning agency that an
  256  important state resource or facility will be adversely impacted
  257  by the adopted plan amendment. The state land planning agency’s
  258  petition must shall state with specificity how the plan
  259  amendment will adversely impact the important state resource or
  260  facility. The state land planning agency may challenge a plan
  261  amendment that has substantially changed from the version on
  262  which the agencies provided comments but only upon a
  263  determination by the state land planning agency that an
  264  important state resource or facility will be adversely impacted.
  265         2. If the state land planning agency issues a notice of
  266  intent to find the comprehensive plan or plan amendment not in
  267  compliance with this act, the notice of intent must shall be
  268  forwarded to the Division of Administrative Hearings of the
  269  Department of Management Services, which shall conduct a
  270  proceeding under ss. 120.569 and 120.57 in the county of and
  271  convenient to the affected local jurisdiction. The parties to
  272  the proceeding must shall be the state land planning agency, the
  273  affected local government, and any affected person who
  274  intervenes. A No new issue may not be alleged as a reason to
  275  find a plan or plan amendment not in compliance in an
  276  administrative pleading filed more than 21 days after
  277  publication of notice unless the party seeking that issue
  278  establishes good cause for not alleging the issue within that
  279  time period. Good cause does not include excusable neglect.
  280         (11) PUBLIC HEARINGS.—
  281         (a) The procedure for transmittal of a complete proposed
  282  comprehensive plan or plan amendment pursuant to subparagraph
  283  (3)(b)1. and paragraph (4)(b) and for adoption of a
  284  comprehensive plan or plan amendment pursuant to subparagraphs
  285  (3)(c)1. and (4)(e)1. is shall be by affirmative vote of not
  286  less than a majority of the members of the governing body
  287  present at the hearing. The adoption of a comprehensive plan or
  288  plan amendment is shall be by ordinance. For the purposes of
  289  transmitting or adopting a comprehensive plan or plan amendment,
  290  the notice requirements in chapters 125 and 166 are superseded
  291  by this subsection, except as provided in this part.
  292         (14)This act may not be construed to limit the rights and
  293  protections granted by s. 823.14.
  294         Section 2. Subsections (1), (2), (3), and (5) of section
  295  163.3187, Florida Statutes, are amended, and subsection (6) is
  296  added to that section, to read:
  297         163.3187 Process for adoption of small-scale small scale
  298  comprehensive plan amendment.—
  299         (1) A small-scale small scale development amendment may be
  300  adopted if all of under the following conditions are met:
  301         (a) The proposed amendment involves a use of 50 acres or
  302  fewer. and:
  303         (b) The proposed amendment does not involve a text change
  304  to the goals, policies, and objectives of the local government’s
  305  comprehensive plan, but only proposes a land use change to the
  306  future land use map for a site-specific small-scale small scale
  307  development activity. However, site-specific text changes that
  308  relate directly to, and are adopted simultaneously with, the
  309  small-scale small scale future land use map amendment are shall
  310  be permissible under this section.
  311         (c) The property that is the subject of the proposed
  312  amendment is not located within an area of critical state
  313  concern, unless the project subject to the proposed amendment
  314  involves the construction of affordable housing units meeting
  315  the criteria of s. 420.0004(3), and is located within an area of
  316  critical state concern designated by s. 380.0552 or by the
  317  Administration Commission pursuant to s. 380.05(1).
  318         (d)The property located in Miami-Dade, Broward, or Monroe
  319  County which is the subject of the proposed amendment by a
  320  county as defined in s. 125.011(1) or any municipality located
  321  therein 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 by a county whose
  329  boundaries include any portion of the Everglades Protection Area
  330  as defined in s. 373.4592(2), a county and the municipalities
  331  within that county shall transmit a copy of the amendment to the
  332  state land planning agency for recordkeeping purposes.
  333         (3) If the small-scale small scale development amendment
  334  involves a site within a rural area of opportunity as defined
  335  under s. 288.0656(2)(d) for the duration of such designation,
  336  the acreage limit listed in subsection (1) shall be increased by
  337  100 percent. The local government approving the small-scale
  338  small scale plan amendment shall certify to the state land
  339  planning agency that the plan amendment furthers the economic
  340  objectives set forth in the executive order issued under s.
  341  288.0656(7), and the property subject to the plan amendment
  342  shall undergo public review to ensure that all concurrency
  343  requirements and federal, state, and local environmental permit
  344  requirements are met.
  345         (5)(a) Any affected person may file a petition with the
  346  Division of Administrative Hearings pursuant to ss. 120.569 and
  347  120.57 to request a hearing to challenge the compliance of a
  348  small-scale small scale development amendment with this act
  349  within 30 days following the local government’s adoption of the
  350  amendment and shall serve a copy of the petition on the local
  351  government. An administrative law judge shall hold a hearing in
  352  the affected jurisdiction not less than 30 days nor more than 60
  353  days following the filing of a petition and the assignment of an
  354  administrative law judge. The parties to a hearing held pursuant
  355  to this subsection shall be the petitioner, the local
  356  government, and any intervenor. In the proceeding, the plan
  357  amendment shall be determined to be in compliance if the local
  358  government’s determination that the small-scale small scale
  359  development amendment is in compliance is fairly debatable. The
  360  state land planning agency may not intervene in any proceeding
  361  initiated pursuant to this section. The prevailing party in a
  362  challenge filed under this paragraph is entitled to recover
  363  attorney fees and costs in challenging or defending the order,
  364  including reasonable appellate attorney fees and costs.
  365         (b)1. If the administrative law judge recommends that the
  366  small-scale small scale development amendment be found not in
  367  compliance, the administrative law judge shall submit the
  368  recommended order to the Administration Commission for final
  369  agency action. If the administrative law judge recommends that
  370  the small-scale small scale development amendment be found in
  371  compliance, the administrative law judge shall submit the
  372  recommended order to the state land planning agency.
  373         2. If the state land planning agency determines that the
  374  plan amendment is not in compliance, the agency shall submit,
  375  within 30 days following its receipt, the recommended order to
  376  the Administration Commission for final agency action. If the
  377  state land planning agency determines that the plan amendment is
  378  in compliance, the agency shall enter a final order within 30
  379  days following its receipt of the recommended order.
  380         (c) Small-scale small scale development amendments may not
  381  become effective until 31 days after adoption. If challenged
  382  within 30 days after adoption, small-scale small scale
  383  development amendments may not become effective until the state
  384  land planning agency or the Administration Commission,
  385  respectively, issues a final order determining that the adopted
  386  small-scale small scale development amendment is in compliance.
  387         (d) In all challenges under this subsection, when a
  388  determination of compliance as defined in s. 163.3184(1)(b) is
  389  made, consideration shall be given to the plan amendment as a
  390  whole and whether the plan amendment furthers the intent of this
  391  part.
  392         (6)This section may not be construed to limit the rights
  393  and protections granted by s. 823.14.
  394         Section 3. Subsection (5) of section 420.615, Florida
  395  Statutes, is amended to read:
  396         420.615 Affordable housing land donation density bonus
  397  incentives.—
  398         (5) The local government, as part of the approval process,
  399  shall adopt a comprehensive plan amendment, pursuant to part II
  400  of chapter 163, for the receiving land that incorporates the
  401  density bonus. Such amendment shall be adopted in the manner as
  402  required for small-scale amendments pursuant to s. 163.3187 and
  403  is not subject to the requirements of s. 163.3184(4)(b), (c), or
  404  (e) s. 163.3184(4)(b)-(d).
  405         Section 4. This act shall take effect July 1, 2024.