Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/SB 1080, 1st Eng.
Ì109660'Î109660
LEGISLATIVE ACTION
Senate . House
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Floor: WD/RM .
05/01/2025 02:55 PM .
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Senator Rouson moved the following:
1 Senate Amendment to House Amendment (241889) (with title
2 amendment)
3
4 Delete lines 251 - 571
5 and insert:
6 Section 4. Paragraphs (b) and (c) of subsection (3) of
7 section 163.3184, Florida Statutes, are amended 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 (b)1. If a plan amendment or amendments are adopted, the
13 local government, after the initial public hearing held pursuant
14 to subsection (11), shall transmit, within 10 working days after
15 the date of adoption, the amendment or amendments and
16 appropriate supporting data and analyses to the reviewing
17 agencies. The local governing body shall also transmit a copy of
18 the amendments and supporting data and analyses to any other
19 local government or governmental agency that has filed a written
20 request with the governing body.
21 2. The reviewing agencies and any other local government or
22 governmental agency specified in subparagraph 1. may provide
23 comments regarding the amendment or amendments to the local
24 government. State agencies shall only comment on important state
25 resources and facilities that will be adversely impacted by the
26 amendment if adopted. Comments provided by state agencies shall
27 state with specificity how the plan amendment will adversely
28 impact an important state resource or facility and shall
29 identify measures the local government may take to eliminate,
30 reduce, or mitigate the adverse impacts. Such comments, if not
31 resolved, may result in a challenge by the state land planning
32 agency to the plan amendment. Agencies and local governments
33 must transmit their comments to the affected local government
34 such that they are received by the local government not later
35 than 30 days after the date on which the agency or government
36 received the amendment or amendments. Reviewing agencies shall
37 also send a copy of their comments to the state land planning
38 agency.
39 3. Comments to the local government from a regional
40 planning council, county, or municipality shall be limited as
41 follows:
42 a. The regional planning council review and comments shall
43 be limited to adverse effects on regional resources or
44 facilities identified in the strategic regional policy plan and
45 extrajurisdictional impacts that would be inconsistent with the
46 comprehensive plan of any affected local government within the
47 region. A regional planning council may not review and comment
48 on a proposed comprehensive plan amendment prepared by such
49 council unless the plan amendment has been changed by the local
50 government subsequent to the preparation of the plan amendment
51 by the regional planning council.
52 b. County comments shall be in the context of the
53 relationship and effect of the proposed plan amendments on the
54 county plan.
55 c. Municipal comments shall be in the context of the
56 relationship and effect of the proposed plan amendments on the
57 municipal plan.
58 d. Military installation comments shall be provided in
59 accordance with s. 163.3175.
60 4. Comments to the local government from state agencies
61 shall be limited to the following subjects as they relate to
62 important state resources and facilities that will be adversely
63 impacted by the amendment if adopted:
64 a. The Department of Environmental Protection shall limit
65 its comments to the subjects of air and water pollution;
66 wetlands and other surface waters of the state; federal and
67 state-owned lands and interest in lands, including state parks,
68 greenways and trails, and conservation easements; solid waste;
69 water and wastewater treatment; and the Everglades ecosystem
70 restoration.
71 b. The Department of State shall limit its comments to the
72 subjects of historic and archaeological resources.
73 c. The Department of Transportation shall limit its
74 comments to issues within the agency’s jurisdiction as it
75 relates to transportation resources and facilities of state
76 importance.
77 d. The Fish and Wildlife Conservation Commission shall
78 limit its comments to subjects relating to fish and wildlife
79 habitat and listed species and their habitat.
80 e. The Department of Agriculture and Consumer Services
81 shall limit its comments to the subjects of agriculture,
82 forestry, and aquaculture issues.
83 f. The Department of Education shall limit its comments to
84 the subject of public school facilities.
85 g. The appropriate water management district shall limit
86 its comments to flood protection and floodplain management,
87 wetlands and other surface waters, and regional water supply.
88 h. The state land planning agency shall limit its comments
89 to important state resources and facilities outside the
90 jurisdiction of other commenting state agencies and may include
91 comments on countervailing planning policies and objectives
92 served by the plan amendment that should be balanced against
93 potential adverse impacts to important state resources and
94 facilities.
95 (c)1. The local government shall hold a second public
96 hearing, which shall be a hearing on whether to adopt one or
97 more comprehensive plan amendments pursuant to subsection (11).
98 If the local government fails, within 180 days after receipt of
99 agency comments, to hold the second public hearing, and to adopt
100 the comprehensive plan amendments, the amendments are deemed
101 withdrawn unless extended by agreement with notice to the state
102 land planning agency and any affected person that provided
103 comments on the amendment. If the amendments are not adopted at
104 the second public hearing, the amendments shall be formally
105 adopted by the local government within 180 days after the second
106 public hearing is held or the amendments are deemed withdrawn
107 The 180-day limitation does not apply to amendments processed
108 pursuant to s. 380.06.
109 2. All comprehensive plan amendments adopted by the
110 governing body, along with the supporting data and analysis,
111 shall be transmitted within 30 10 working days after the final
112 adoption hearing to the state land planning agency and any other
113 agency or local government that provided timely comments under
114 subparagraph (b)2. If the local government fails to transmit the
115 comprehensive plan amendments within 30 10 working days after
116 the final adoption hearing, the amendments are deemed withdrawn.
117 3. The state land planning agency shall notify the local
118 government of any deficiencies within 5 working days after
119 receipt of an amendment package. For purposes of completeness,
120 an amendment shall be deemed complete if it contains a full,
121 executed copy of:
122 a. The adoption ordinance or ordinances;
123 b. In the case of a text amendment, the amended language in
124 legislative format with new words inserted in the text
125 underlined, and words deleted stricken with hyphens;
126 c. In the case of a future land use map amendment, the
127 future land use map clearly depicting the parcel, its existing
128 future land use designation, and its adopted designation; and
129 d. Any data and analyses the local government deems
130 appropriate.
131 4. An amendment adopted under this paragraph does not
132 become effective until 31 days after the state land planning
133 agency notifies the local government that the plan amendment
134 package is complete. If timely challenged, an amendment does not
135 become effective until the state land planning agency or the
136 Administration Commission enters a final order determining the
137 adopted amendment to be in compliance.
138 Section 5. Section 166.033, Florida Statutes, is amended to
139 read:
140 166.033 Development permits and orders.—
141 (1) A municipality shall specify in writing the minimum
142 information that must be submitted for an application for a
143 zoning approval, rezoning approval, subdivision approval,
144 certification, special exception, or variance. A municipality
145 shall make the minimum information available for inspection and
146 copying at the location where the municipality receives
147 applications for development permits and orders, provide the
148 information to the applicant at a preapplication meeting, or
149 post the information on the municipality’s website.
150 (2) Within 5 business days after receiving an application
151 for approval of a development permit or development order, a
152 municipality shall confirm receipt of the application using
153 contact information provided by the applicant. Within 30 days
154 after receiving an application for approval of a development
155 permit or development order, a municipality must review the
156 application for completeness and issue a written notification to
157 the applicant letter indicating that all required information is
158 submitted or specify in writing specifying with particularity
159 any areas that are deficient. If the application is deficient,
160 the applicant has 30 days to address the deficiencies by
161 submitting the required additional information. For applications
162 that do not require final action through a quasi-judicial
163 hearing or a public hearing, the municipality must approve,
164 approve with conditions, or deny the application for a
165 development permit or development order within 120 days after
166 the municipality has deemed the application complete., or 180
167 days For applications that require final action through a quasi
168 judicial hearing or a public hearing, the municipality must
169 approve, approve with conditions, or deny the application for a
170 development permit or development order within 180 days after
171 the municipality has deemed the application complete. Both
172 parties may agree in writing or in a public meeting or hearing
173 to a reasonable request for an extension of time, particularly
174 in the event of a force majeure or other extraordinary
175 circumstance. An approval, approval with conditions, or denial
176 of the application for a development permit or development order
177 must include written findings supporting the municipality’s
178 decision. The timeframes contained in this subsection do not
179 apply in an area of critical state concern, as designated in s.
180 380.0552 or chapter 28-36, Florida Administrative Code. The
181 timeframes contained in this subsection restart if an applicant
182 makes a substantive change to the application. As used in this
183 subsection, the term “substantive change” means an applicant
184 initiated change of 15 percent or more in the proposed density,
185 intensity, or square footage of a parcel.
186 (3)(a)(2)(a) When reviewing an application for a
187 development permit or development order that is certified by a
188 professional listed in s. 403.0877, a municipality may not
189 request additional information from the applicant more than
190 three times, unless the applicant waives the limitation in
191 writing.
192 (b) If a municipality makes a request for additional
193 information and the applicant submits the required additional
194 information within 30 days after receiving the request, the
195 municipality must review the application for completeness and
196 issue a letter indicating that all required information has been
197 submitted or specify with particularity any areas that are
198 deficient within 30 days after receiving the additional
199 information.
200 (c) If a municipality makes a second request for additional
201 information and the applicant submits the required additional
202 information within 30 days after receiving the request, the
203 municipality must review the application for completeness and
204 issue a letter indicating that all required information has been
205 submitted or specify with particularity any areas that are
206 deficient within 10 days after receiving the additional
207 information.
208 (d) Before a third request for additional information, the
209 applicant must be offered a meeting to attempt to resolve
210 outstanding issues. If a municipality makes a third request for
211 additional information and the applicant submits the required
212 additional information within 30 days after receiving the
213 request, the municipality must deem the application complete
214 within 10 days after receiving the additional information or
215 proceed to process the application for approval or denial unless
216 the applicant waived the municipality’s limitation in writing as
217 described in paragraph (a).
218 (e) Except as provided in subsection (7) (5), if the
219 applicant believes the request for additional information is not
220 authorized by ordinance, rule, statute, or other legal
221 authority, the municipality, at the applicant’s request, shall
222 proceed to process the application for approval or denial.
223 (4) A municipality must issue a refund to an applicant
224 equal to:
225 (a) Ten percent of the application fee if the municipality
226 fails to issue written notification of completeness or written
227 specification of areas of deficiency within 30 days after
228 receiving the application.
229 (b) Ten percent of the application fee if the municipality
230 fails to issue written notification of completeness or written
231 specification of areas of deficiency within 30 days after
232 receiving the additional information pursuant to paragraph
233 (3)(b).
234 (c) Twenty percent of the application fee if the
235 municipality fails to issue written notification of completeness
236 or written specification of areas of deficiency within 10 days
237 after receiving the additional information pursuant to paragraph
238 (3)(c).
239 (d) Fifty percent of the application fee if the
240 municipality fails to approve, approves with conditions, or
241 denies the application within 30 days after conclusion of the
242 120-day or 180-day timeframe specified in subsection (2).
243 (e) One hundred percent of the application fee if the
244 municipality fails to approve, approves with conditions, or
245 denies an application 31 days or more after conclusion of the
246 120-day or 180-day timeframe specified in subsection (2).
247
248 A municipality is not required to issue a refund if the
249 applicant and the municipality agree to an extension of time,
250 the delay is caused by the applicant, or the delay is
251 attributable to a force majeure or other extraordinary
252 circumstance.
253 (5)(3) When a municipality denies an application for a
254 development permit or development order, the municipality shall
255 give written notice to the applicant. The notice must include a
256 citation to the applicable portions of an ordinance, rule,
257 statute, or other legal authority for the denial of the permit
258 or order.
259 (6)(4) As used in this section, the terms “development
260 permit” and “development order” have the same meaning as in s.
261 163.3164, but do not include building permits.
262 (7)(5) For any development permit application filed with
263 the municipality after July 1, 2012, a municipality may not
264 require as a condition of processing or issuing a development
265 permit or development order that an applicant obtain a permit or
266 approval from any state or federal agency unless the agency has
267 issued a final agency action that denies the federal or state
268 permit before the municipal action on the local development
269 permit.
270 (8)(6) Issuance of a development permit or development
271 order by a municipality does not create any right on the part of
272 an applicant to obtain a permit from a state or federal agency
273 and does not create any liability on the part of the
274 municipality for issuance of the permit if the applicant fails
275 to obtain requisite approvals or fulfill the obligations imposed
276 by a state or federal agency or undertakes actions that result
277 in a violation of state or federal law. A municipality shall
278 attach such a disclaimer to the issuance of development permits
279 and shall include a permit condition that all other applicable
280 state or federal permits be obtained before commencement of the
281 development.
282 (9)(7) This section does not prohibit a municipality from
283 providing information to an applicant regarding what other state
284 or federal permits may apply.
285 Section 6. This act shall take effect October 1, 2025.
286
287 ================= T I T L E A M E N D M E N T ================
288 And the title is amended as follows:
289 Delete lines 593 - 616
290 and insert:
291 building permit; amending s. 163.3184, F.S.; providing
292 that if comprehensive plan amendments are not adopted
293 at a specified hearing, such amendments must be
294 formally adopted within a certain time period or they
295 are deemed withdrawn; increasing the time period
296 within which comprehensive plan amendments must be
297 transmitted; amending s.166.033, F.S.; requiring
298 municipalities to specify minimum information
299 necessary for certain applications; revising
300 timeframes for processing applications for approval of
301 development permits or development orders; defining
302 the term “substantive change”; providing refund
303 parameters in situations where the municipality fails
304 to meet certain timeframes; providing exceptions;
305 providing an effective date.