Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1118
       
       
       
       
       
       
                                Ì205334ÄÎ205334                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2025           .                                
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       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  subsection stated 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 optional several
  105  elements of the local comprehensive plan must shall be a major
  106  objective of the planning process. The required and optional
  107  several elements of the comprehensive plan must shall be
  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 optional several elements, consistent
  112  data must shall be 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), must shall transmit, 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 must shall also 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 adopt
  260  the 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. must shall be by affirmative vote of not
  303  less than a majority of the members of the governing body
  304  present at the hearing. The adoption of a comprehensive plan or
  305  plan amendment must shall be 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;