CS for CS for SB 1364                            First Engrossed
       
       
       
       
       
       
       
       
       20241364e1
       
    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; providing
    8         duties of the Department of Environmental Protection
    9         relating to such plans and plan amendments; providing
   10         a condition for the adoption of such plans and plan
   11         amendments upon a certain determination by the
   12         department; specifying a requirement for the
   13         transmittal of certain comprehensive plan amendments
   14         to the department; making technical changes; providing
   15         construction; amending s. 163.3187, F.S.; authorizing
   16         site-specific text changes for small-scale future land
   17         use map amendments; prohibiting the adoption of small
   18         scale development amendments for properties located
   19         within or near the Everglades Protection Area;
   20         requiring local governments whose boundaries include
   21         any portion of the Everglades Protection Area to
   22         transmit copies of adopted small-scale development
   23         amendments to the state land planning agency within a
   24         specified timeframe; providing that certain
   25         comprehensive plan amendments are subject to the law
   26         in effect at the time of the original submission;
   27         making technical changes; providing construction;
   28         amending s. 420.615, F.S.; conforming a cross
   29         reference; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (a) of subsection (2), paragraph (a)
   34  of subsection (3), subsection (4), paragraph (b) of subsection
   35  (5), and paragraph (a) of subsection (11) of section 163.3184,
   36  Florida Statutes, are amended, and paragraph (d) is added to
   37  subsection (2) and subsection (14) is added to that section, to
   38  read:
   39         163.3184 Process for adoption of comprehensive plan or plan
   40  amendment.—
   41         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
   42         (a) Plan amendments adopted by local governments must shall
   43  follow the expedited state review process in subsection (3),
   44  except as set forth in paragraphs (b), and (c), and (d).
   45         (d)Proposed plans and plan amendments by a county as
   46  defined in s. 125.011(1) or any municipality located therein
   47  which apply to land within, or within 2 miles of, the Everglades
   48  Protection Area as defined in s. 373.4592(2) must follow the
   49  state coordinated review process as provided in subsection (4).
   50         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
   51  COMPREHENSIVE PLAN AMENDMENTS.—
   52         (a) The process for amending a comprehensive plan described
   53  in this subsection applies shall apply to all amendments except
   54  as provided in paragraphs (2)(b), and (c), and (d) and is shall
   55  be applicable statewide.
   56         (4) STATE COORDINATED REVIEW PROCESS.—
   57         (a) Coordination.—The state land planning agency shall only
   58  use the state coordinated review process described in this
   59  subsection for review of comprehensive plans and plan amendments
   60  described in paragraphs (2)(c) and (d) paragraph (2)(c). Each
   61  comprehensive plan or plan amendment proposed to be adopted
   62  pursuant to this subsection must shall be transmitted, adopted,
   63  and reviewed in the manner prescribed in this subsection. The
   64  state land planning agency shall have responsibility for plan
   65  review, coordination, and the preparation and transmission of
   66  comments, pursuant to this subsection, to the local governing
   67  body responsible for the comprehensive plan or plan amendment.
   68         (b) Local government transmittal of proposed plan or
   69  amendment.—Each local governing body proposing a plan or plan
   70  amendment specified in paragraph (2)(c) or paragraph (2)(d)
   71  shall transmit the complete proposed comprehensive plan or plan
   72  amendment to the reviewing agencies within 10 working days after
   73  the first public hearing pursuant to subsection (11). The
   74  transmitted document must shall clearly indicate on the cover
   75  sheet that this plan amendment is subject to the state
   76  coordinated review process of this subsection. The local
   77  governing body shall also transmit a copy of the complete
   78  proposed comprehensive plan or plan amendment to any other unit
   79  of local government or government agency in the state that has
   80  filed a written request with the governing body for the plan or
   81  plan amendment.
   82         (c) Reviewing agency comments.—The agencies specified in
   83  paragraph (b) may provide comments regarding the plan or plan
   84  amendments in accordance with subparagraphs (3)(b)2.-4. However,
   85  comments on plans or plan amendments required to be reviewed
   86  under the state coordinated review process must shall be sent to
   87  the state land planning agency within 30 days after receipt by
   88  the state land planning agency of the complete proposed plan or
   89  plan amendment from the local government. If the state land
   90  planning agency comments on a plan or plan amendment adopted
   91  under the state coordinated review process, it must shall
   92  provide comments according to paragraph (e) (d). Any other unit
   93  of local government or government agency specified in paragraph
   94  (b) may provide comments to the state land planning agency in
   95  accordance with subparagraphs (3)(b)2.-4. within 30 days after
   96  receipt by the state land planning agency of the complete
   97  proposed plan or plan amendment. Written comments submitted by
   98  the public must shall be sent directly to the local government.
   99         (d) Everglades Protection Area determinations.—A proposed
  100  plan or plan amendment by a county as defined in s. 125.011(1)
  101  or any municipality located therein which applies to any land
  102  within, or within 2 miles of, the Everglades Protection Area as
  103  defined in s. 373.4592(2) must be reviewed pursuant to this
  104  paragraph by the Department of Environmental Protection. The
  105  department shall determine whether the proposed plan or plan
  106  amendment, or any portion thereof, adversely impacts the
  107  Everglades Protection Area or the Everglades restoration and
  108  protection objectives identified in s. 373.4592. The department
  109  shall issue a written determination to the state land planning
  110  agency and the local government within 30 days after receipt of
  111  the proposed plan or plan amendment. The determination must
  112  identify any adverse impacts and may be provided as part of the
  113  agency’s comments pursuant to paragraph (c). Before the adoption
  114  of the proposed plan or plan amendment, the department shall
  115  work in coordination with the state land planning agency and the
  116  local government to identify any planning strategies or measures
  117  that the local government could include in the proposed plan or
  118  plan amendment to eliminate or mitigate any adverse impacts to
  119  the Everglades Protection Area or the Everglades restoration and
  120  protection objectives identified in s. 373.4592. If the
  121  department determines that any portion of the proposed plan or
  122  plan amendment will adversely impact the Everglades Protection
  123  Area or the Everglades restoration and protection objectives
  124  identified in s. 373.4592, the local government must modify that
  125  portion of the proposed plan or plan amendment to include
  126  planning strategies or measures to eliminate or mitigate such
  127  adverse impacts before adopting the proposed plan or plan
  128  amendment or that portion of the proposed plan or plan amendment
  129  may not be adopted.
  130         (e)State land planning agency review.—
  131         1. If the state land planning agency elects to review a
  132  plan or plan amendment specified in paragraph (2)(c), the agency
  133  shall issue a report giving its objections, recommendations, and
  134  comments regarding the proposed plan or plan amendment within 60
  135  days after receipt of the proposed plan or plan amendment.
  136  Notwithstanding the limitation on comments in sub-subparagraph
  137  (3)(b)4.g., the state land planning agency may make objections,
  138  recommendations, and comments in its report regarding whether
  139  the plan or plan amendment is in compliance and whether the plan
  140  or plan amendment will adversely impact important state
  141  resources and facilities. Any objection regarding an important
  142  state resource or facility that will be adversely impacted by
  143  the adopted plan or plan amendment shall also state with
  144  specificity how the plan or plan amendment will adversely impact
  145  the important state resource or facility and shall identify
  146  measures the local government may take to eliminate, reduce, or
  147  mitigate the adverse impacts. When a federal, state, or regional
  148  agency has implemented a permitting program, a local government
  149  is not required to duplicate or exceed that permitting program
  150  in its comprehensive plan or to implement such a permitting
  151  program in its land development regulations. This subparagraph
  152  does not prohibit the state land planning agency in conducting
  153  its review of local plans or plan amendments from making
  154  objections, recommendations, and comments regarding densities
  155  and intensities consistent with this part. In preparing its
  156  comments, the state land planning agency shall only base its
  157  considerations on written, and not oral, comments.
  158         2. The state land planning agency review shall identify all
  159  written communications with the agency regarding the proposed
  160  plan amendment. The written identification must include a list
  161  of all documents received or generated by the agency, which list
  162  must be of sufficient specificity to enable the documents to be
  163  identified and copies requested, if desired, and the name of the
  164  person to be contacted to request copies of any identified
  165  document.
  166         (f)(e)Local government review of comments; adoption of
  167  plan or amendments and transmittal.—
  168         1. The local government shall review the report submitted
  169  to it by the state land planning agency, if any, and written
  170  comments submitted to it by any other person, agency, or
  171  government. The local government, upon receipt of the report
  172  from the state land planning agency, shall hold a its second
  173  public hearing, which shall be a hearing to determine whether to
  174  adopt the comprehensive plan or one or more comprehensive plan
  175  amendments pursuant to subsection (11). If the local government
  176  fails to hold the second hearing within 180 days after receipt
  177  of the state land planning agency’s report, the amendments are
  178  shall be deemed withdrawn unless extended by agreement with
  179  notice to the state land planning agency and any affected person
  180  who that provided comments on the amendment. The 180-day
  181  limitation does not apply to amendments processed pursuant to s.
  182  380.06.
  183         2. All comprehensive plan amendments adopted by the
  184  governing body, along with the supporting data and analysis,
  185  must shall be transmitted within 10 working days after the
  186  second public hearing to the state land planning agency and any
  187  other agency or local government that provided timely comments
  188  under paragraph (c). Comprehensive plan amendments by a county
  189  as defined in s. 125.011(1) or any municipality located therein
  190  which apply to land within, or within 2 miles of, the Everglades
  191  Protection Area as defined in s. 373.4592(2) must also be
  192  transmitted within 10 working days after the second public
  193  hearing to the Department of Environmental Protection.
  194         3. The state land planning agency shall notify the local
  195  government of any deficiencies within 5 working days after
  196  receipt of a plan or plan amendment package. For purposes of
  197  completeness, a plan or plan amendment is shall be deemed
  198  complete if it contains a full, executed copy of the adoption
  199  ordinance or ordinances; in the case of a text amendment, a full
  200  copy of the amended language in legislative format with new
  201  words inserted in the text underlined, and words deleted
  202  stricken with hyphens; in the case of a future land use map
  203  amendment, a copy of the future land use map clearly depicting
  204  the parcel, its existing future land use designation, and its
  205  adopted designation; and a copy of any data and analyses the
  206  local government deems appropriate.
  207         4. After the state land planning agency makes a
  208  determination of completeness regarding the adopted plan or plan
  209  amendment, the state land planning agency has shall have 45 days
  210  to determine if the plan or plan amendment is in compliance with
  211  this act. Unless the plan or plan amendment is substantially
  212  changed from the one commented on, the state land planning
  213  agency’s compliance determination is shall be limited to
  214  objections raised in the objections, recommendations, and
  215  comments report. During the period provided for in this
  216  subparagraph, the state land planning agency shall issue,
  217  through a senior administrator or the secretary, a notice of
  218  intent to find that the plan or plan amendment is in compliance
  219  or not in compliance. The state land planning agency shall post
  220  a copy of the notice of intent on the agency’s Internet website.
  221  Publication by the state land planning agency of the notice of
  222  intent on the state land planning agency’s website is Internet
  223  site shall be prima facie evidence of compliance with the
  224  publication requirements of this subparagraph.
  225         5. A plan or plan amendment adopted under the state
  226  coordinated review process must shall go into effect pursuant to
  227  the state land planning agency’s notice of intent. If timely
  228  challenged, an amendment does not become effective until the
  229  state land planning agency or the Administration Commission
  230  enters a final order determining the adopted amendment to be in
  231  compliance.
  232         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  233  AMENDMENTS.—
  234         (b) The state land planning agency may file a petition with
  235  the Division of Administrative Hearings pursuant to ss. 120.569
  236  and 120.57, with a copy served on the affected local government,
  237  to request a formal hearing to challenge whether the plan or
  238  plan amendment is in compliance as defined in paragraph (1)(b).
  239  The state land planning agency’s petition must clearly state the
  240  reasons for the challenge. Under the expedited state review
  241  process, this petition must be filed with the division within 30
  242  days after the state land planning agency notifies the local
  243  government that the plan amendment package is complete according
  244  to subparagraph (3)(c)3. Under the state coordinated review
  245  process, this petition must be filed with the division within 45
  246  days after the state land planning agency notifies the local
  247  government that the plan amendment package is complete according
  248  to subparagraph (4)(f)3. (4)(e)3.
  249         1. The state land planning agency’s challenge to plan
  250  amendments adopted under the expedited state review process is
  251  shall be limited to the comments provided by the reviewing
  252  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  253  determination by the state land planning agency that an
  254  important state resource or facility will be adversely impacted
  255  by the adopted plan amendment. The state land planning agency’s
  256  petition must shall state with specificity how the plan
  257  amendment will adversely impact the important state resource or
  258  facility. The state land planning agency may challenge a plan
  259  amendment that has substantially changed from the version on
  260  which the agencies provided comments but only upon a
  261  determination by the state land planning agency that an
  262  important state resource or facility will be adversely impacted.
  263         2. If the state land planning agency issues a notice of
  264  intent to find the comprehensive plan or plan amendment not in
  265  compliance with this act, the notice of intent must shall be
  266  forwarded to the Division of Administrative Hearings of the
  267  Department of Management Services, which shall conduct a
  268  proceeding under ss. 120.569 and 120.57 in the county of and
  269  convenient to the affected local jurisdiction. The parties to
  270  the proceeding must shall be the state land planning agency, the
  271  affected local government, and any affected person who
  272  intervenes. A No new issue may not be alleged as a reason to
  273  find a plan or plan amendment not in compliance in an
  274  administrative pleading filed more than 21 days after
  275  publication of notice unless the party seeking that issue
  276  establishes good cause for not alleging the issue within that
  277  time period. Good cause does not include excusable neglect.
  278         (11) PUBLIC HEARINGS.—
  279         (a) The procedure for transmittal of a complete proposed
  280  comprehensive plan or plan amendment pursuant to subparagraph
  281  (3)(b)1. and paragraph (4)(b) and for adoption of a
  282  comprehensive plan or plan amendment pursuant to subparagraphs
  283  (3)(c)1. and (4)(e)1. is shall be by affirmative vote of not
  284  less than a majority of the members of the governing body
  285  present at the hearing. The adoption of a comprehensive plan or
  286  plan amendment is shall be by ordinance. For the purposes of
  287  transmitting or adopting a comprehensive plan or plan amendment,
  288  the notice requirements in chapters 125 and 166 are superseded
  289  by this subsection, except as provided in this part.
  290         (14)This act may not be construed to limit the rights and
  291  protections granted by s. 823.14.
  292         Section 2. Subsections (1), (2), (3), and (5) of section
  293  163.3187, Florida Statutes, are amended, and subsections (6) and
  294  (7) are added to that section, to read:
  295         163.3187 Process for adoption of small-scale small scale
  296  comprehensive plan amendment.—
  297         (1) A small-scale small scale development amendment may be
  298  adopted if all of under the following conditions are met:
  299         (a) The proposed amendment involves a use of 50 acres or
  300  fewer. and:
  301         (b) The proposed amendment does not involve a text change
  302  to the goals, policies, and objectives of the local government’s
  303  comprehensive plan, but only proposes a land use change to the
  304  future land use map for a site-specific small-scale small scale
  305  development activity. However, site-specific text changes that
  306  relate directly to, and are adopted simultaneously with, the
  307  small-scale small scale future land use map amendment are shall
  308  be permissible under this section.
  309         (c) The property that is the subject of the proposed
  310  amendment is not located within an area of critical state
  311  concern, unless the project subject to the proposed amendment
  312  involves the construction of affordable housing units meeting
  313  the criteria of s. 420.0004(3), and is located within an area of
  314  critical state concern designated by s. 380.0552 or by the
  315  Administration Commission pursuant to s. 380.05(1).
  316         (d) The property that is the subject of the proposed
  317  amendment by a county as defined in s. 125.011(1) or any
  318  municipality located therein is not located in whole or in part
  319  within, or within 2 miles of, the Everglades Protection Area as
  320  defined in s. 373.4592(2).
  321         (2) Small-scale Small scale development amendments adopted
  322  pursuant to this section require only one public hearing before
  323  the governing board, which must shall be an adoption hearing as
  324  described in s. 163.3184(11). Within 10 days after the adoption
  325  of a small-scale development amendment by a county whose
  326  boundaries include any portion of the Everglades Protection Area
  327  as defined in s. 373.4592(2), a county and the municipalities
  328  within that county shall transmit a copy of the amendment to the
  329  state land planning agency for recordkeeping purposes.
  330         (3) If the small-scale small scale development amendment
  331  involves a site within a rural area of opportunity as defined
  332  under s. 288.0656(2)(d) for the duration of such designation,
  333  the acreage limit listed in subsection (1) shall be increased by
  334  100 percent. The local government approving the small-scale
  335  small scale plan amendment shall certify to the state land
  336  planning agency that the plan amendment furthers the economic
  337  objectives set forth in the executive order issued under s.
  338  288.0656(7), and the property subject to the plan amendment
  339  shall undergo public review to ensure that all concurrency
  340  requirements and federal, state, and local environmental permit
  341  requirements are met.
  342         (5)(a) Any affected person may file a petition with the
  343  Division of Administrative Hearings pursuant to ss. 120.569 and
  344  120.57 to request a hearing to challenge the compliance of a
  345  small-scale small scale development amendment with this act
  346  within 30 days following the local government’s adoption of the
  347  amendment and shall serve a copy of the petition on the local
  348  government. An administrative law judge shall hold a hearing in
  349  the affected jurisdiction not less than 30 days nor more than 60
  350  days following the filing of a petition and the assignment of an
  351  administrative law judge. The parties to a hearing held pursuant
  352  to this subsection shall be the petitioner, the local
  353  government, and any intervenor. In the proceeding, the plan
  354  amendment shall be determined to be in compliance if the local
  355  government’s determination that the small-scale small scale
  356  development amendment is in compliance is fairly debatable. The
  357  state land planning agency may not intervene in any proceeding
  358  initiated pursuant to this section. The prevailing party in a
  359  challenge filed under this paragraph is entitled to recover
  360  attorney fees and costs in challenging or defending the order,
  361  including reasonable appellate attorney fees and costs.
  362         (b)1. If the administrative law judge recommends that the
  363  small-scale small scale development amendment be found not in
  364  compliance, the administrative law judge shall submit the
  365  recommended order to the Administration Commission for final
  366  agency action. If the administrative law judge recommends that
  367  the small-scale small scale development amendment be found in
  368  compliance, the administrative law judge shall submit the
  369  recommended order to the state land planning agency.
  370         2. If the state land planning agency determines that the
  371  plan amendment is not in compliance, the agency shall submit,
  372  within 30 days following its receipt, the recommended order to
  373  the Administration Commission for final agency action. If the
  374  state land planning agency determines that the plan amendment is
  375  in compliance, the agency shall enter a final order within 30
  376  days following its receipt of the recommended order.
  377         (c) Small-scale small scale development amendments may not
  378  become effective until 31 days after adoption. If challenged
  379  within 30 days after adoption, small-scale small scale
  380  development amendments may not become effective until the state
  381  land planning agency or the Administration Commission,
  382  respectively, issues a final order determining that the adopted
  383  small-scale small scale development amendment is in compliance.
  384         (d) In all challenges under this subsection, when a
  385  determination of compliance as defined in s. 163.3184(1)(b) is
  386  made, consideration shall be given to the plan amendment as a
  387  whole and whether the plan amendment furthers the intent of this
  388  part.
  389         (6)This section may not be construed to limit the rights
  390  and protections granted by s. 823.14.
  391         (7) A comprehensive plan amendment under review by an
  392  appellate court before July 1, 2024, which is resubmitted to the
  393  local government for reconsideration is subject to the law in
  394  effect at the time of the original submission.
  395         Section 3. Subsection (5) of section 420.615, Florida
  396  Statutes, is amended to read:
  397         420.615 Affordable housing land donation density bonus
  398  incentives.—
  399         (5) The local government, as part of the approval process,
  400  shall adopt a comprehensive plan amendment, pursuant to part II
  401  of chapter 163, for the receiving land that incorporates the
  402  density bonus. Such amendment shall be adopted in the manner as
  403  required for small-scale amendments pursuant to s. 163.3187 and
  404  is not subject to the requirements of s. 163.3184(4)(b), (c), or
  405  (e) s. 163.3184(4)(b)-(d).
  406         Section 4. This act shall take effect July 1, 2024.