Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1364
       
       
       
       
       
       
                                Ì836126'Î836126                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2024           .                                
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       The Committee on Agriculture (Calatayud) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 49 - 193
    4  and insert:
    5  Protection Area as defined in s. 373.4592(2) must follow the
    6  state coordinated review process as provided in subsection (4).
    7         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
    8  COMPREHENSIVE PLAN AMENDMENTS.—
    9         (a) The process for amending a comprehensive plan described
   10  in this subsection applies shall apply to all amendments except
   11  as provided in paragraphs (2)(b), and (c), and (d) and is shall
   12  be applicable statewide.
   13         (4) STATE COORDINATED REVIEW PROCESS.—
   14         (a) Coordination.—The state land planning agency shall only
   15  use the state coordinated review process described in this
   16  subsection for review of comprehensive plans and plan amendments
   17  described in paragraphs (2)(c) and (d) paragraph (2)(c). Each
   18  comprehensive plan or plan amendment proposed to be adopted
   19  pursuant to this subsection must shall be transmitted, adopted,
   20  and reviewed in the manner prescribed in this subsection. The
   21  state land planning agency shall have responsibility for plan
   22  review, coordination, and the preparation and transmission of
   23  comments, pursuant to this subsection, to the local governing
   24  body responsible for the comprehensive plan or plan amendment.
   25         (b) Local government transmittal of proposed plan or
   26  amendment.—Each local governing body proposing a plan or plan
   27  amendment specified in paragraph (2)(c) or paragraph (2)(d)
   28  shall transmit the complete proposed comprehensive plan or plan
   29  amendment to the reviewing agencies within 10 working days after
   30  the first public hearing pursuant to subsection (11). The
   31  transmitted document must shall clearly indicate on the cover
   32  sheet that this plan amendment is subject to the state
   33  coordinated review process of this subsection. The local
   34  governing body shall also transmit a copy of the complete
   35  proposed comprehensive plan or plan amendment to any other unit
   36  of local government or government agency in the state that has
   37  filed a written request with the governing body for the plan or
   38  plan amendment.
   39         (c) Reviewing agency comments.—The agencies specified in
   40  paragraph (b) may provide comments regarding the plan or plan
   41  amendments in accordance with subparagraphs (3)(b)2.-4. However,
   42  comments on plans or plan amendments required to be reviewed
   43  under the state coordinated review process must shall be sent to
   44  the state land planning agency within 30 days after receipt by
   45  the state land planning agency of the complete proposed plan or
   46  plan amendment from the local government. If the state land
   47  planning agency comments on a plan or plan amendment adopted
   48  under the state coordinated review process, it must shall
   49  provide comments according to paragraph (e) (d). Any other unit
   50  of local government or government agency specified in paragraph
   51  (b) may provide comments to the state land planning agency in
   52  accordance with subparagraphs (3)(b)2.-4. within 30 days after
   53  receipt by the state land planning agency of the complete
   54  proposed plan or plan amendment. Written comments submitted by
   55  the public must shall be sent directly to the local government.
   56         (d) Everglades Protection Area determinations.—A proposed
   57  plan or plan amendment by a county as defined in s. 125.011(1)
   58  or any municipality located therein which applies to any land
   59  within, or within 2 miles of, the Everglades Protection Area as
   60  defined in s. 373.4592(2) must be reviewed pursuant to this
   61  paragraph by the Department of Environmental Protection. The
   62  department shall determine whether the proposed plan or plan
   63  amendment, or any portion thereof, adversely impacts the
   64  Everglades Protection Area or the Everglades restoration and
   65  protection objectives identified in s. 373.4592. The department
   66  shall issue a written determination to the state land planning
   67  agency and the local government within 30 days after receipt of
   68  the proposed plan or plan amendment. The determination must
   69  identify any adverse impacts and may be provided as part of the
   70  agency’s comments pursuant to paragraph (c). Before the adoption
   71  of the proposed plan or plan amendment, the department shall
   72  work in coordination with the state land planning agency and the
   73  local government to identify any planning strategies or measures
   74  that the local government could include in the proposed plan or
   75  plan amendment to eliminate or mitigate any adverse impacts to
   76  the Everglades Protection Area or the Everglades restoration and
   77  protection objectives identified in s. 373.4592. If the
   78  department determines that any portion of the proposed plan or
   79  plan amendment will adversely impact the Everglades Protection
   80  Area or the Everglades restoration and protection objectives
   81  identified in s. 373.4592, the local government must modify that
   82  portion of the proposed plan or plan amendment to include
   83  planning strategies or measures to eliminate or mitigate such
   84  adverse impacts before adopting the proposed plan or plan
   85  amendment or that portion of the proposed plan or plan amendment
   86  may not be adopted.
   87         (e)State land planning agency review.—
   88         1. If the state land planning agency elects to review a
   89  plan or plan amendment specified in paragraph (2)(c), the agency
   90  shall issue a report giving its objections, recommendations, and
   91  comments regarding the proposed plan or plan amendment within 60
   92  days after receipt of the proposed plan or plan amendment.
   93  Notwithstanding the limitation on comments in sub-subparagraph
   94  (3)(b)4.g., the state land planning agency may make objections,
   95  recommendations, and comments in its report regarding whether
   96  the plan or plan amendment is in compliance and whether the plan
   97  or plan amendment will adversely impact important state
   98  resources and facilities. Any objection regarding an important
   99  state resource or facility that will be adversely impacted by
  100  the adopted plan or plan amendment shall also state with
  101  specificity how the plan or plan amendment will adversely impact
  102  the important state resource or facility and shall identify
  103  measures the local government may take to eliminate, reduce, or
  104  mitigate the adverse impacts. When a federal, state, or regional
  105  agency has implemented a permitting program, a local government
  106  is not required to duplicate or exceed that permitting program
  107  in its comprehensive plan or to implement such a permitting
  108  program in its land development regulations. This subparagraph
  109  does not prohibit the state land planning agency in conducting
  110  its review of local plans or plan amendments from making
  111  objections, recommendations, and comments regarding densities
  112  and intensities consistent with this part. In preparing its
  113  comments, the state land planning agency shall only base its
  114  considerations on written, and not oral, comments.
  115         2. The state land planning agency review shall identify all
  116  written communications with the agency regarding the proposed
  117  plan amendment. The written identification must include a list
  118  of all documents received or generated by the agency, which list
  119  must be of sufficient specificity to enable the documents to be
  120  identified and copies requested, if desired, and the name of the
  121  person to be contacted to request copies of any identified
  122  document.
  123         (f)(e)Local government review of comments; adoption of
  124  plan or amendments and transmittal.—
  125         1. The local government shall review the report submitted
  126  to it by the state land planning agency, if any, and written
  127  comments submitted to it by any other person, agency, or
  128  government. The local government, upon receipt of the report
  129  from the state land planning agency, shall hold a its second
  130  public hearing, which shall be a hearing to determine whether to
  131  adopt the comprehensive plan or one or more comprehensive plan
  132  amendments pursuant to subsection (11). If the local government
  133  fails to hold the second hearing within 180 days after receipt
  134  of the state land planning agency’s report, the amendments are
  135  shall be deemed withdrawn unless extended by agreement with
  136  notice to the state land planning agency and any affected person
  137  who that provided comments on the amendment. The 180-day
  138  limitation does not apply to amendments processed pursuant to s.
  139  380.06.
  140         2. All comprehensive plan amendments adopted by the
  141  governing body, along with the supporting data and analysis,
  142  must shall be transmitted within 10 working days after the
  143  second public hearing to the state land planning agency and any
  144  other agency or local government that provided timely comments
  145  under paragraph (c). Comprehensive plan amendments by a county
  146  as defined in s. 125.011(1) or any municipality located therein
  147  which apply to land within, or within 2 miles of, the Everglades
  148  Protection Area as defined in s. 373.4592(2) must also be