Florida Senate - 2024                      CS for CS for SB 1364
       
       
        
       By the Committees on Rules; and Agriculture; and Senator
       Calatayud
       
       
       
       
       595-03795-24                                          20241364c2
    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; making technical changes;
   25         providing construction; amending s. 420.615, F.S.;
   26         conforming a cross-reference; providing an effective
   27         date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (a) of subsection (2), paragraph (a)
   32  of subsection (3), subsection (4), paragraph (b) of subsection
   33  (5), and paragraph (a) of subsection (11) of section 163.3184,
   34  Florida Statutes, are amended, and paragraph (d) is added to
   35  subsection (2) and subsection (14) is added to that section, to
   36  read:
   37         163.3184 Process for adoption of comprehensive plan or plan
   38  amendment.—
   39         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
   40         (a) Plan amendments adopted by local governments must shall
   41  follow the expedited state review process in subsection (3),
   42  except as set forth in paragraphs (b), and (c), and (d).
   43         (d)Proposed plans and plan amendments by a county as
   44  defined in s. 125.011(1) or any municipality located therein
   45  which apply to land within, or within 2 miles of, the Everglades
   46  Protection Area as defined in s. 373.4592(2) must follow the
   47  state coordinated review process as provided in subsection (4).
   48         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
   49  COMPREHENSIVE PLAN AMENDMENTS.—
   50         (a) The process for amending a comprehensive plan described
   51  in this subsection applies shall apply to all amendments except
   52  as provided in paragraphs (2)(b), and (c), and (d) and is shall
   53  be applicable statewide.
   54         (4) STATE COORDINATED REVIEW PROCESS.—
   55         (a) Coordination.—The state land planning agency shall only
   56  use the state coordinated review process described in this
   57  subsection for review of comprehensive plans and plan amendments
   58  described in paragraphs (2)(c) and (d) paragraph (2)(c). Each
   59  comprehensive plan or plan amendment proposed to be adopted
   60  pursuant to this subsection must shall be transmitted, adopted,
   61  and reviewed in the manner prescribed in this subsection. The
   62  state land planning agency shall have responsibility for plan
   63  review, coordination, and the preparation and transmission of
   64  comments, pursuant to this subsection, to the local governing
   65  body responsible for the comprehensive plan or plan amendment.
   66         (b) Local government transmittal of proposed plan or
   67  amendment.—Each local governing body proposing a plan or plan
   68  amendment specified in paragraph (2)(c) or paragraph (2)(d)
   69  shall transmit the complete proposed comprehensive plan or plan
   70  amendment to the reviewing agencies within 10 working days after
   71  the first public hearing pursuant to subsection (11). The
   72  transmitted document must shall clearly indicate on the cover
   73  sheet that this plan amendment is subject to the state
   74  coordinated review process of this subsection. The local
   75  governing body shall also transmit a copy of the complete
   76  proposed comprehensive plan or plan amendment to any other unit
   77  of local government or government agency in the state that has
   78  filed a written request with the governing body for the plan or
   79  plan amendment.
   80         (c) Reviewing agency comments.—The agencies specified in
   81  paragraph (b) may provide comments regarding the plan or plan
   82  amendments in accordance with subparagraphs (3)(b)2.-4. However,
   83  comments on plans or plan amendments required to be reviewed
   84  under the state coordinated review process must shall be sent to
   85  the state land planning agency within 30 days after receipt by
   86  the state land planning agency of the complete proposed plan or
   87  plan amendment from the local government. If the state land
   88  planning agency comments on a plan or plan amendment adopted
   89  under the state coordinated review process, it must shall
   90  provide comments according to paragraph (e) (d). Any other unit
   91  of local government or government agency specified in paragraph
   92  (b) may provide comments to the state land planning agency in
   93  accordance with subparagraphs (3)(b)2.-4. within 30 days after
   94  receipt by the state land planning agency of the complete
   95  proposed plan or plan amendment. Written comments submitted by
   96  the public must shall be sent directly to the local government.
   97         (d) Everglades Protection Area determinations.—A proposed
   98  plan or plan amendment by a county as defined in s. 125.011(1)
   99  or any municipality located therein which applies to any land
  100  within, or within 2 miles of, the Everglades Protection Area as
  101  defined in s. 373.4592(2) must be reviewed pursuant to this
  102  paragraph by the Department of Environmental Protection. The
  103  department shall determine whether the proposed plan or plan
  104  amendment, or any portion thereof, adversely impacts the
  105  Everglades Protection Area or the Everglades restoration and
  106  protection objectives identified in s. 373.4592. The department
  107  shall issue a written determination to the state land planning
  108  agency and the local government within 30 days after receipt of
  109  the proposed plan or plan amendment. The determination must
  110  identify any adverse impacts and may be provided as part of the
  111  agency’s comments pursuant to paragraph (c). Before the adoption
  112  of the proposed plan or plan amendment, the department shall
  113  work in coordination with the state land planning agency and the
  114  local government to identify any planning strategies or measures
  115  that the local government could include in the proposed plan or
  116  plan amendment to eliminate or mitigate any adverse impacts to
  117  the Everglades Protection Area or the Everglades restoration and
  118  protection objectives identified in s. 373.4592. If the
  119  department determines that any portion of the proposed plan or
  120  plan amendment will adversely impact the Everglades Protection
  121  Area or the Everglades restoration and protection objectives
  122  identified in s. 373.4592, the local government must modify that
  123  portion of the proposed plan or plan amendment to include
  124  planning strategies or measures to eliminate or mitigate such
  125  adverse impacts before adopting the proposed plan or plan
  126  amendment or that portion of the proposed plan or plan amendment
  127  may not be adopted.
  128         (e)State land planning agency review.—
  129         1. If the state land planning agency elects to review a
  130  plan or plan amendment specified in paragraph (2)(c), the agency
  131  shall issue a report giving its objections, recommendations, and
  132  comments regarding the proposed plan or plan amendment within 60
  133  days after receipt of the proposed plan or plan amendment.
  134  Notwithstanding the limitation on comments in sub-subparagraph
  135  (3)(b)4.g., the state land planning agency may make objections,
  136  recommendations, and comments in its report regarding whether
  137  the plan or plan amendment is in compliance and whether the plan
  138  or plan amendment will adversely impact important state
  139  resources and facilities. Any objection regarding an important
  140  state resource or facility that will be adversely impacted by
  141  the adopted plan or plan amendment shall also state with
  142  specificity how the plan or plan amendment will adversely impact
  143  the important state resource or facility and shall identify
  144  measures the local government may take to eliminate, reduce, or
  145  mitigate the adverse impacts. When a federal, state, or regional
  146  agency has implemented a permitting program, a local government
  147  is not required to duplicate or exceed that permitting program
  148  in its comprehensive plan or to implement such a permitting
  149  program in its land development regulations. This subparagraph
  150  does not prohibit the state land planning agency in conducting
  151  its review of local plans or plan amendments from making
  152  objections, recommendations, and comments regarding densities
  153  and intensities consistent with this part. In preparing its
  154  comments, the state land planning agency shall only base its
  155  considerations on written, and not oral, comments.
  156         2. The state land planning agency review shall identify all
  157  written communications with the agency regarding the proposed
  158  plan amendment. The written identification must include a list
  159  of all documents received or generated by the agency, which list
  160  must be of sufficient specificity to enable the documents to be
  161  identified and copies requested, if desired, and the name of the
  162  person to be contacted to request copies of any identified
  163  document.
  164         (f)(e)Local government review of comments; adoption of
  165  plan or amendments and transmittal.—
  166         1. The local government shall review the report submitted
  167  to it by the state land planning agency, if any, and written
  168  comments submitted to it by any other person, agency, or
  169  government. The local government, upon receipt of the report
  170  from the state land planning agency, shall hold a its second
  171  public hearing, which shall be a hearing to determine whether to
  172  adopt the comprehensive plan or one or more comprehensive plan
  173  amendments pursuant to subsection (11). If the local government
  174  fails to hold the second hearing within 180 days after receipt
  175  of the state land planning agency’s report, the amendments are
  176  shall be deemed withdrawn unless extended by agreement with
  177  notice to the state land planning agency and any affected person
  178  who that provided comments on the amendment. The 180-day
  179  limitation does not apply to amendments processed pursuant to s.
  180  380.06.
  181         2. All comprehensive plan amendments adopted by the
  182  governing body, along with the supporting data and analysis,
  183  must shall be transmitted within 10 working days after the
  184  second public hearing to the state land planning agency and any
  185  other agency or local government that provided timely comments
  186  under paragraph (c). Comprehensive plan amendments by a county
  187  as defined in s. 125.011(1) or any municipality located therein
  188  which apply to land within, or within 2 miles of, the Everglades
  189  Protection Area as defined in s. 373.4592(2) must also be
  190  transmitted within 10 working days after the second public
  191  hearing to the Department of Environmental Protection.
  192         3. The state land planning agency shall notify the local
  193  government of any deficiencies within 5 working days after
  194  receipt of a plan or plan amendment package. For purposes of
  195  completeness, a plan or plan amendment is shall be deemed
  196  complete if it contains a full, executed copy of the adoption
  197  ordinance or ordinances; in the case of a text amendment, a full
  198  copy of the amended language in legislative format with new
  199  words inserted in the text underlined, and words deleted
  200  stricken with hyphens; in the case of a future land use map
  201  amendment, a copy of the future land use map clearly depicting
  202  the parcel, its existing future land use designation, and its
  203  adopted designation; and a copy of any data and analyses the
  204  local government deems appropriate.
  205         4. After the state land planning agency makes a
  206  determination of completeness regarding the adopted plan or plan
  207  amendment, the state land planning agency has shall have 45 days
  208  to determine if the plan or plan amendment is in compliance with
  209  this act. Unless the plan or plan amendment is substantially
  210  changed from the one commented on, the state land planning
  211  agency’s compliance determination is shall be limited to
  212  objections raised in the objections, recommendations, and
  213  comments report. During the period provided for in this
  214  subparagraph, the state land planning agency shall issue,
  215  through a senior administrator or the secretary, a notice of
  216  intent to find that the plan or plan amendment is in compliance
  217  or not in compliance. The state land planning agency shall post
  218  a copy of the notice of intent on the agency’s Internet website.
  219  Publication by the state land planning agency of the notice of
  220  intent on the state land planning agency’s website is Internet
  221  site shall be prima facie evidence of compliance with the
  222  publication requirements of this subparagraph.
  223         5. A plan or plan amendment adopted under the state
  224  coordinated review process must shall go into effect pursuant to
  225  the state land planning agency’s notice of intent. If timely
  226  challenged, an amendment does not become effective until the
  227  state land planning agency or the Administration Commission
  228  enters a final order determining the adopted amendment to be in
  229  compliance.
  230         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  231  AMENDMENTS.—
  232         (b) The state land planning agency may file a petition with
  233  the Division of Administrative Hearings pursuant to ss. 120.569
  234  and 120.57, with a copy served on the affected local government,
  235  to request a formal hearing to challenge whether the plan or
  236  plan amendment is in compliance as defined in paragraph (1)(b).
  237  The state land planning agency’s petition must clearly state the
  238  reasons for the challenge. Under the expedited state review
  239  process, this petition must be filed with the division within 30
  240  days after the state land planning agency notifies the local
  241  government that the plan amendment package is complete according
  242  to subparagraph (3)(c)3. Under the state coordinated review
  243  process, this petition must be filed with the division within 45
  244  days after the state land planning agency notifies the local
  245  government that the plan amendment package is complete according
  246  to subparagraph (4)(f)3. (4)(e)3.
  247         1. The state land planning agency’s challenge to plan
  248  amendments adopted under the expedited state review process is
  249  shall be limited to the comments provided by the reviewing
  250  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  251  determination by the state land planning agency that an
  252  important state resource or facility will be adversely impacted
  253  by the adopted plan amendment. The state land planning agency’s
  254  petition must shall state with specificity how the plan
  255  amendment will adversely impact the important state resource or
  256  facility. The state land planning agency may challenge a plan
  257  amendment that has substantially changed from the version on
  258  which the agencies provided comments but only upon a
  259  determination by the state land planning agency that an
  260  important state resource or facility will be adversely impacted.
  261         2. If the state land planning agency issues a notice of
  262  intent to find the comprehensive plan or plan amendment not in
  263  compliance with this act, the notice of intent must shall be
  264  forwarded to the Division of Administrative Hearings of the
  265  Department of Management Services, which shall conduct a
  266  proceeding under ss. 120.569 and 120.57 in the county of and
  267  convenient to the affected local jurisdiction. The parties to
  268  the proceeding must shall be the state land planning agency, the
  269  affected local government, and any affected person who
  270  intervenes. A No new issue may not be alleged as a reason to
  271  find a plan or plan amendment not in compliance in an
  272  administrative pleading filed more than 21 days after
  273  publication of notice unless the party seeking that issue
  274  establishes good cause for not alleging the issue within that
  275  time period. Good cause does not include excusable neglect.
  276         (11) PUBLIC HEARINGS.—
  277         (a) The procedure for transmittal of a complete proposed
  278  comprehensive plan or plan amendment pursuant to subparagraph
  279  (3)(b)1. and paragraph (4)(b) and for adoption of a
  280  comprehensive plan or plan amendment pursuant to subparagraphs
  281  (3)(c)1. and (4)(e)1. is shall be by affirmative vote of not
  282  less than a majority of the members of the governing body
  283  present at the hearing. The adoption of a comprehensive plan or
  284  plan amendment is shall be by ordinance. For the purposes of
  285  transmitting or adopting a comprehensive plan or plan amendment,
  286  the notice requirements in chapters 125 and 166 are superseded
  287  by this subsection, except as provided in this part.
  288         (14)This act may not be construed to limit the rights and
  289  protections granted by s. 823.14.
  290         Section 2. Subsections (1), (2), (3), and (5) of section
  291  163.3187, Florida Statutes, are amended, and subsection (6) is
  292  added to that section, to read:
  293         163.3187 Process for adoption of small-scale small scale
  294  comprehensive plan amendment.—
  295         (1) A small-scale small scale development amendment may be
  296  adopted if all of under the following conditions are met:
  297         (a) The proposed amendment involves a use of 50 acres or
  298  fewer. and:
  299         (b) The proposed amendment does not involve a text change
  300  to the goals, policies, and objectives of the local government’s
  301  comprehensive plan, but only proposes a land use change to the
  302  future land use map for a site-specific small-scale small scale
  303  development activity. However, site-specific text changes that
  304  relate directly to, and are adopted simultaneously with, the
  305  small-scale small scale future land use map amendment are shall
  306  be permissible under this section.
  307         (c) The property that is the subject of the proposed
  308  amendment is not located within an area of critical state
  309  concern, unless the project subject to the proposed amendment
  310  involves the construction of affordable housing units meeting
  311  the criteria of s. 420.0004(3), and is located within an area of
  312  critical state concern designated by s. 380.0552 or by the
  313  Administration Commission pursuant to s. 380.05(1).
  314         (d) The property that is the subject of the proposed
  315  amendment by a county as defined in s. 125.011(1) or any
  316  municipality located therein is not located in whole or in part
  317  within, or within 2 miles of, the Everglades Protection Area as
  318  defined in s. 373.4592(2).
  319         (2) Small-scale Small scale development amendments adopted
  320  pursuant to this section require only one public hearing before
  321  the governing board, which must shall be an adoption hearing as
  322  described in s. 163.3184(11). Within 10 days after the adoption
  323  of a small-scale development amendment by a county whose
  324  boundaries include any portion of the Everglades Protection Area
  325  as defined in s. 373.4592(2), a county and the municipalities
  326  within that county shall transmit a copy of the amendment to the
  327  state land planning agency for recordkeeping purposes.
  328         (3) If the small-scale small scale development amendment
  329  involves a site within a rural area of opportunity as defined
  330  under s. 288.0656(2)(d) for the duration of such designation,
  331  the acreage limit listed in subsection (1) shall be increased by
  332  100 percent. The local government approving the small-scale
  333  small scale plan amendment shall certify to the state land
  334  planning agency that the plan amendment furthers the economic
  335  objectives set forth in the executive order issued under s.
  336  288.0656(7), and the property subject to the plan amendment
  337  shall undergo public review to ensure that all concurrency
  338  requirements and federal, state, and local environmental permit
  339  requirements are met.
  340         (5)(a) Any affected person may file a petition with the
  341  Division of Administrative Hearings pursuant to ss. 120.569 and
  342  120.57 to request a hearing to challenge the compliance of a
  343  small-scale small scale development amendment with this act
  344  within 30 days following the local government’s adoption of the
  345  amendment and shall serve a copy of the petition on the local
  346  government. An administrative law judge shall hold a hearing in
  347  the affected jurisdiction not less than 30 days nor more than 60
  348  days following the filing of a petition and the assignment of an
  349  administrative law judge. The parties to a hearing held pursuant
  350  to this subsection shall be the petitioner, the local
  351  government, and any intervenor. In the proceeding, the plan
  352  amendment shall be determined to be in compliance if the local
  353  government’s determination that the small-scale small scale
  354  development amendment is in compliance is fairly debatable. The
  355  state land planning agency may not intervene in any proceeding
  356  initiated pursuant to this section. The prevailing party in a
  357  challenge filed under this paragraph is entitled to recover
  358  attorney fees and costs in challenging or defending the order,
  359  including reasonable appellate attorney fees and costs.
  360         (b)1. If the administrative law judge recommends that the
  361  small-scale small scale development amendment be found not in
  362  compliance, the administrative law judge shall submit the
  363  recommended order to the Administration Commission for final
  364  agency action. If the administrative law judge recommends that
  365  the small-scale small scale development amendment be found in
  366  compliance, the administrative law judge shall submit the
  367  recommended order to the state land planning agency.
  368         2. If the state land planning agency determines that the
  369  plan amendment is not in compliance, the agency shall submit,
  370  within 30 days following its receipt, the recommended order to
  371  the Administration Commission for final agency action. If the
  372  state land planning agency determines that the plan amendment is
  373  in compliance, the agency shall enter a final order within 30
  374  days following its receipt of the recommended order.
  375         (c) Small-scale small scale development amendments may not
  376  become effective until 31 days after adoption. If challenged
  377  within 30 days after adoption, small-scale small scale
  378  development amendments may not become effective until the state
  379  land planning agency or the Administration Commission,
  380  respectively, issues a final order determining that the adopted
  381  small-scale small scale development amendment is in compliance.
  382         (d) In all challenges under this subsection, when a
  383  determination of compliance as defined in s. 163.3184(1)(b) is
  384  made, consideration shall be given to the plan amendment as a
  385  whole and whether the plan amendment furthers the intent of this
  386  part.
  387         (6)This section may not be construed to limit the rights
  388  and protections granted by s. 823.14.
  389         Section 3. Subsection (5) of section 420.615, Florida
  390  Statutes, is amended to read:
  391         420.615 Affordable housing land donation density bonus
  392  incentives.—
  393         (5) The local government, as part of the approval process,
  394  shall adopt a comprehensive plan amendment, pursuant to part II
  395  of chapter 163, for the receiving land that incorporates the
  396  density bonus. Such amendment shall be adopted in the manner as
  397  required for small-scale amendments pursuant to s. 163.3187 and
  398  is not subject to the requirements of s. 163.3184(4)(b), (c), or
  399  (e) s. 163.3184(4)(b)-(d).
  400         Section 4. This act shall take effect July 1, 2024.