Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 1118 Ì205334ÄÎ205334 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/19/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (McClain) recommended the following: 1 Senate Amendment to Amendment (632862) (with directory and 2 title amendments) 3 4 Delete lines 191 - 566 5 and insert: 6 Section 4. Paragraphs (b) and (e) of subsection (8) of 7 section 163.3167, Florida Statutes, are amended to read: 8 163.3167 Scope of act.— 9 (8) 10 (b) An initiative or referendum process in regard to any 11 land development regulation is prohibited. For purposes of this 12 paragraph, the term “land development regulation” includes any 13 code, ordinance, rule, or charter provision that regulates or 14 otherwise affects the use of land, including, but not limited 15 to, density regulations; municipal boundary lines, except as 16 specified in s. 171.044; and any regulation that could otherwise 17 be accomplished or affected through the comprehensive planning 18 process. 19 (e) It is the intent of the Legislature that initiative and 20 referendum be prohibited in regard to any development order or 21 land development regulation. It is the intent of the Legislature 22 that initiative and referendum be prohibited in regard to any 23 local comprehensive plan amendment or map amendment, except as 24 specifically and narrowly allowed by paragraph (c). Therefore, 25 the prohibition on initiative and referendum imposed under this 26 subsectionstated in paragraphs (a) and (c)is remedial in 27 nature and applies retroactively to any initiative or referendum 28 process commenced after June 1, 2011, and any such initiative or 29 referendum process commenced or completed thereafter is deemed 30 null and void and of no legal force and effect. 31 Section 5. Paragraph (f) of subsection (1) and subsection 32 (2) of section 163.3177, Florida Statutes, are amended to read: 33 163.3177 Required and optional elements of comprehensive 34 plan; studies and surveys.— 35 (1) The comprehensive plan shall provide the principles, 36 guidelines, standards, and strategies for the orderly and 37 balanced future economic, social, physical, environmental, and 38 fiscal development of the area that reflects community 39 commitments to implement the plan and its elements. These 40 principles and strategies shall guide future decisions in a 41 consistent manner and shall contain programs and activities to 42 ensure comprehensive plans are implemented. The sections of the 43 comprehensive plan containing the principles and strategies, 44 generally provided as goals, objectives, and policies, shall 45 describe how the local government’s programs, activities, and 46 land development regulations will be initiated, modified, or 47 continued to implement the comprehensive plan in a consistent 48 manner. It is not the intent of this part to require the 49 inclusion of implementing regulations in the comprehensive plan 50 but rather to require identification of those programs, 51 activities, and land development regulations that will be part 52 of the strategy for implementing the comprehensive plan and the 53 principles that describe how the programs, activities, and land 54 development regulations will be carried out. The plan shall 55 establish meaningful and predictable standards for the use and 56 development of land and provide meaningful guidelines for the 57 content of more detailed land development and use regulations. 58 (f) All mandatory and optional elements of the 59 comprehensive plan and plan amendments shall be based upon 60 relevant and appropriate data and an analysis by the local 61 government that may include, but not be limited to, surveys, 62 studies, community goals and vision, and other data available at 63 the time of adoption of the comprehensive plan or plan 64 amendment. To be based on data means to react to it in an 65 appropriate way and to the extent necessary indicated by the 66 data available on that particular subject at the time of 67 adoption of the plan or plan amendment at issue. 68 1. Surveys, studies, and data utilized in the preparation 69 of the comprehensive plan may not be deemed a part of the 70 comprehensive plan unless adopted as a part of it. Copies of 71 such studies, surveys, data, and supporting documents for 72 proposed plans and plan amendments shall be made available for 73 public inspection, and copies of such plans shall be made 74 available to the public upon payment of reasonable charges for 75 reproduction. Support data or summaries are not subject to the 76 compliance review process, but the comprehensive plan must be 77 clearly based on appropriate data. Support data or summaries may 78 be used to aid in the determination of compliance and 79 consistency. 80 2. Data must be taken from professionally accepted sources. 81 The application of a methodology utilized in data collection or 82 whether a particular methodology is professionally accepted may 83 be evaluated. However, the evaluation may not include, and a 84 comprehensive plan may not mandate, whether one accepted 85 methodology is better than another. Original data collection by 86 local governments is not required. However, local governments 87 may use original data so long as methodologies are 88 professionally accepted. 89 3. The comprehensive plan shall be based upon permanent and 90 seasonal population estimates and projections, which shall 91 either be those published by the Office of Economic and 92 Demographic Research or generated by the local government based 93 upon a professionally acceptable methodology. The plan must be 94 based on at least the minimum amount of land required to 95 accommodate the medium projections as published by the Office of 96 Economic and Demographic Research for at least a 10-year 97 planning period unless otherwise limited under s. 380.05, 98 including related rules of the Administration Commission. Absent 99 physical limitations on population growth, population 100 projections for each municipality, and the unincorporated area 101 within a county must, at a minimum, be reflective of each area’s 102 proportional share of the total county population and the total 103 county population growth. 104 (2) Coordination of the required and optionalseveral105 elements of the local comprehensive plan mustshallbe a major 106 objective of the planning process. The required and optional 107severalelements of the comprehensive plan mustshallbe 108 consistent. Optional elements of the comprehensive plan may not 109 contain policies that restrict the density or intensity 110 established in the future land use element. Where data is 111 relevant to required and optionalseveralelements, consistent 112 data mustshallbe used, including population estimates and 113 projections unless alternative data can be justified by an 114 applicant for a plan amendment through new supporting data and 115 analysis. Each map depicting future conditions must reflect the 116 principles, guidelines, and standards within all elements, and 117 each such map must be contained within the comprehensive plan. 118 Section 6. Present paragraphs (a) and (b) of subsection (3) 119 of section 163.31801, Florida Statutes, are redesignated as 120 paragraphs (b) and (c), respectively, a new paragraph (a) is 121 added to that subsection, and paragraph (g) of subsection (6) of 122 that section is republished, to read: 123 163.31801 Impact fees; short title; intent; minimum 124 requirements; audits; challenges.— 125 (3) For purposes of this section, the term: 126 (a) “Extraordinary circumstance” means: 127 1. For a county, that the permanent population estimate 128 determined for the county by the University of Florida Bureau of 129 Economic and Business Research is at least 1.25 times the 5-year 130 high-series population projection for the county as published by 131 the University of Florida Bureau of Economic and Business 132 Research immediately before the year of the population estimate; 133 or 134 2. For a municipality, that the municipality is located 135 within a county with such a permanent population estimate and 136 the municipality demonstrates that it has maintained a 137 proportionate share of the county’s population growth during the 138 preceding 5-year period. 139 (6) A local government, school district, or special 140 district may increase an impact fee only as provided in this 141 subsection. 142 (g) A local government, school district, or special 143 district may increase an impact fee rate beyond the phase-in 144 limitations established under paragraph (b), paragraph (c), 145 paragraph (d), or paragraph (e) by establishing the need for 146 such increase in full compliance with the requirements of 147 subsection (4), provided the following criteria are met: 148 1. A demonstrated-need study justifying any increase in 149 excess of those authorized in paragraph (b), paragraph (c), 150 paragraph (d), or paragraph (e) has been completed within the 12 151 months before the adoption of the impact fee increase and 152 expressly demonstrates the extraordinary circumstances 153 necessitating the need to exceed the phase-in limitations. 154 2. The local government jurisdiction has held not less than 155 two publicly noticed workshops dedicated to the extraordinary 156 circumstances necessitating the need to exceed the phase-in 157 limitations set forth in paragraph (b), paragraph (c), paragraph 158 (d), or paragraph (e). 159 3. The impact fee increase ordinance is approved by at 160 least a two-thirds vote of the governing body. 161 Section 7. Subsection (3) and paragraph (a) of subsection 162 (11) of section 163.3184, Florida Statutes, are amended, and 163 subsection (14) is added to that section, to read: 164 163.3184 Process for adoption of comprehensive plan or plan 165 amendment.— 166 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 167 COMPREHENSIVE PLAN AMENDMENTS.— 168 (a) The process for amending a comprehensive plan described 169 in this subsection shall apply to all amendments except as 170 provided in paragraphs (2)(b) and (c) and shall be applicable 171 statewide. 172 (b)1. If a plan amendment or amendments are adopted, the 173 local government, after the initial public hearing held pursuant 174 to subsection (11), mustshalltransmit, within 10 working days 175 after the date of adoption, the amendment or amendments and 176 appropriate supporting data and analyses to the reviewing 177 agencies. The local governing body mustshallalso transmit a 178 copy of the amendments and supporting data and analyses to any 179 other local government or governmental agency that has filed a 180 written request with the governing body. 181 2. The reviewing agencies and any other local government or 182 governmental agency specified in subparagraph 1. may provide 183 comments regarding the amendment or amendments to the local 184 government. State agencies shall only comment on important state 185 resources and facilities that will be adversely impacted by the 186 amendment if adopted. Comments provided by state agencies shall 187 state with specificity how the plan amendment will adversely 188 impact an important state resource or facility and shall 189 identify measures the local government may take to eliminate, 190 reduce, or mitigate the adverse impacts. Such comments, if not 191 resolved, may result in a challenge by the state land planning 192 agency to the plan amendment. Agencies and local governments 193 must transmit their comments to the affected local government 194 such that they are received by the local government not later 195 than 30 days after the date on which the agency or government 196 received the amendment or amendments. Reviewing agencies shall 197 also send a copy of their comments to the state land planning 198 agency. 199 3. Comments to the local government from a regional 200 planning council, county, or municipality shall be limited as 201 follows: 202 a. The regional planning council review and comments shall 203 be limited to adverse effects on regional resources or 204 facilities identified in the strategic regional policy plan and 205 extrajurisdictional impacts that would be inconsistent with the 206 comprehensive plan of any affected local government within the 207 region. A regional planning council may not review and comment 208 on a proposed comprehensive plan amendment prepared by such 209 council unless the plan amendment has been changed by the local 210 government subsequent to the preparation of the plan amendment 211 by the regional planning council. 212 b. County comments shall be in the context of the 213 relationship and effect of the proposed plan amendments on the 214 county plan. 215 c. Municipal comments shall be in the context of the 216 relationship and effect of the proposed plan amendments on the 217 municipal plan. 218 d. Military installation comments shall be provided in 219 accordance with s. 163.3175. 220 4. Comments to the local government from state agencies 221 shall be limited to the following subjects as they relate to 222 important state resources and facilities that will be adversely 223 impacted by the amendment if adopted: 224 a. The Department of Environmental Protection shall limit 225 its comments to the subjects of air and water pollution; 226 wetlands and other surface waters of the state; federal and 227 state-owned lands and interest in lands, including state parks, 228 greenways and trails, and conservation easements; solid waste; 229 water and wastewater treatment; and the Everglades ecosystem 230 restoration. 231 b. The Department of State shall limit its comments to the 232 subjects of historic and archaeological resources. 233 c. The Department of Transportation shall limit its 234 comments to issues within the agency’s jurisdiction as it 235 relates to transportation resources and facilities of state 236 importance. 237 d. The Fish and Wildlife Conservation Commission shall 238 limit its comments to subjects relating to fish and wildlife 239 habitat and listed species and their habitat. 240 e. The Department of Agriculture and Consumer Services 241 shall limit its comments to the subjects of agriculture, 242 forestry, and aquaculture issues. 243 f. The Department of Education shall limit its comments to 244 the subject of public school facilities. 245 g. The appropriate water management district shall limit 246 its comments to flood protection and floodplain management, 247 wetlands and other surface waters, and regional water supply. 248 h. The state land planning agency shall limit its comments 249 to important state resources and facilities outside the 250 jurisdiction of other commenting state agencies and may include 251 comments on countervailing planning policies and objectives 252 served by the plan amendment that should be balanced against 253 potential adverse impacts to important state resources and 254 facilities. 255 (c)1. The local government shall hold a second public 256 hearing, which shall be a hearing on whether to adopt one or 257 more comprehensive plan amendments pursuant to subsection (11). 258 If the local government fails, within 180 days after receipt of 259 agency comments, to hold the second public hearing,and to adopt260the comprehensive plan amendments,the amendments are deemed 261 withdrawn unless extended by agreement with notice to the state 262 land planning agency and any affected person that provided 263 comments on the amendment. The local government is in compliance 264 if the second public hearing is held within the 180-day period 265 after receipt of agency comments, even if the amendments are 266 approved at a subsequent hearing. The 180-day limitation does 267 not apply to amendments processed pursuant to s. 380.06. 268 2. All comprehensive plan amendments adopted by the 269 governing body, along with the supporting data and analysis, 270 shall be transmitted within 10 working days after the final 271 adoption hearing to the state land planning agency and any other 272 agency or local government that provided timely comments under 273 subparagraph (b)2. If the local government fails to transmit the 274 comprehensive plan amendments within 10 working days after the 275 final adoption hearing, the amendments are deemed withdrawn. 276 3. The state land planning agency shall notify the local 277 government of any deficiencies within 5 working days after 278 receipt of an amendment package. For purposes of completeness, 279 an amendment shall be deemed complete if it contains a full, 280 executed copy of: 281 a. The adoption ordinance or ordinances; 282 b. In the case of a text amendment, the amended language in 283 legislative format with new words inserted in the text 284 underlined, and words deleted stricken with hyphens; 285 c. In the case of a future land use map amendment, the 286 future land use map clearly depicting the parcel, its existing 287 future land use designation, and its adopted designation; and 288 d. Any data and analyses the local government deems 289 appropriate. 290 4. An amendment adopted under this paragraph does not 291 become effective until 31 days after the state land planning 292 agency notifies the local government that the plan amendment 293 package is complete. If timely challenged, an amendment does not 294 become effective until the state land planning agency or the 295 Administration Commission enters a final order determining the 296 adopted amendment to be in compliance. 297 (11) PUBLIC HEARINGS.— 298 (a) The procedure for transmittal of a complete proposed 299 comprehensive plan or plan amendment pursuant to subparagraph 300 (3)(b)1. and paragraph (4)(b) and for adoption of a 301 comprehensive plan or plan amendment pursuant to subparagraphs 302 (3)(c)1. and (4)(e)1. mustshallbe by affirmative vote ofnot303less thana majority of the members of the governing body 304 present at the hearing. The adoption of a comprehensive plan or 305 plan amendment mustshallbe by ordinance approved by 306 affirmative vote of a majority of the members of the governing 307 body present at the hearing, except that the adoption of a 308 comprehensive plan or plan amendment must be by affirmative vote 309 of a supermajority of the members of the governing body if it 310 includes a future land use category amendment for a parcel or 311 parcels of land which is less dense or intense or includes more 312 restrictive or burdensome procedures concerning development, 313 including, but not limited to, the review, approval, or issuance 314 of a site plan, development permit, or development order. For 315 the purposes of transmitting or adopting a comprehensive plan or 316 plan amendment, the notice requirements in chapters 125 and 166 317 are superseded by this subsection, except as provided in this 318 part. 319 (14) REVIEW OF APPLICATION.—An owner of real property 320 subject to a comprehensive plan amendment or a person applying 321 for a comprehensive plan amendment that is not adopted by the 322 local government or who is not provided the opportunity for a 323 hearing within 180 days after the filing of the application may 324 file a civil action for declaratory, injunctive, or other 325 relief, which must be reviewed de novo. The local government has 326 the burden of proving by a preponderance of the evidence that 327 the application is inconsistent with the local government’s 328 comprehensive plan and that the existing comprehensive plan is 329 in compliance and supported by relevant and appropriate data and 330 analysis. The court may not use a deferential standard for the 331 benefit of the local government. Before initiating such an 332 action, the owner or applicant may use the dispute resolution 333 procedures under s. 70.45. This subsection applies to 334 comprehensive plan amendments under review or filed on or after 335 July 1, 2025. 336 337 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 338 And the directory clause is amended as follows: 339 Delete lines 119 - 123 340 and insert: 341 Section 3. Subsections (4) and (9) of section 163.3164, 342 Florida Statutes, are amended, to read: 343 344 ================= T I T L E A M E N D M E N T ================ 345 And the title is amended as follows: 346 Delete lines 1229 - 1261 347 and insert: 348 enclave” and “compatibility”; amending s. 163.3167, 349 F.S.; defining the term “land development regulation”; 350 providing retroactive applicability; amending s. 351 163.3177, F.S.; prohibiting a comprehensive plan from 352 making a certain mandate; prohibiting optional 353 elements of a local comprehensive plan from containing 354 certain policies; requiring the use of certain 355 consistent data, where relevant, unless an applicant 356 can make a certain justification; amending s. 357 163.31801, F.S.; defining the term “extraordinary 358 circumstance”; amending s. 163.3184, F.S.; revising 359 the expedited state review process for the adoption of 360 comprehensive plan amendments; requiring a 361 supermajority vote for the adoption of certain 362 comprehensive plans and plan amendments; authorizing 363 owners of property subject to a comprehensive plan 364 amendment and persons applying for comprehensive plan 365 amendments to file civil actions for relief in certain 366 circumstances; providing requirements for such 367 actions; authorizing such owners and applicants to use 368 certain dispute resolution procedures; providing 369 applicability;