HB 359 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to local government comprehensive 2
plans; amending s. 163.3177, F.S.; authorizing certain 3
administrative modifications to capital improvement 4
schedules; amending s. 163.3184, F.S.; providing that 5
the prevailing party in a challenge to a plan or plan 6
amendment is entitled to recover attorney fees and 7
costs; amending s. 163.3187, F.S.; awarding attorney 8
fees and costs, including reasonable appellate 9
attorney fees and costs, to the prevailing party in a 10
challenge to the compliance of a small sca le 11
development amendment; amending s. 163.3215, F.S.; 12
making technical changes; providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Paragraph (b) of subsection (3) of section 17
163.3177, Florida Statute s, is amended to read: 18
163.3177 Required and optional elements of comprehensive 19
plan; studies and surveys. — 20
(3) 21
(b) The capital improvements element must be reviewed by 22
the local government on an annual basis. Modifications to update 23
the 5-year capital improvement schedule may be accomplished by 24
ordinance, or administratively if all the projects have been 25
HB 359 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
adopted by the project's appropriate board, and may not be 26
deemed to be amendments to the local comprehensive plan. 27
Section 2. Paragraph (g) of s ubsection (5) of section 28
163.3184, Florida Statutes, is added to read: 29
163.3184 Process for adoption of comprehensive plan or 30
plan amendment.— 31
(5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 32
AMENDMENTS.— 33
(g) The prevailing party in a challenge filed under this 34
subsection is entitled to recover attorney fees and costs in 35
challenging or defending a plan or plan amendment, including 36
reasonable appellate attorney fees and costs. 37
Section 3. Paragraph (a) of subsection (5) of section 38
163.3187, Florida Statutes, is amended to read: 39
163.3187 Process for adoption of small scale comprehensive 40
plan amendment.— 41
(5)(a) Any affected person may file a petition with the 42
Division of Administrative Hearings pursuant to ss. 120.569 and 43
120.57 to request a hearing to challenge the compliance of a 44
small scale development amendment with this act within 30 days 45
following the local government's adoption of the amendment and 46
shall serve a copy of the petition on the local government. An 47
administrative law judge shall ho ld a hearing in the affected 48
jurisdiction not less than 30 days nor more than 60 days 49
following the filing of a petition and the assignment of an 50
HB 359 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
administrative law judge. The parties to a hearing held pursuant 51
to this subsection shall be the petitioner, t he local 52
government, and any intervenor. In the proceeding, the plan 53
amendment shall be determined to be in compliance if the local 54
government's determination that the small scale development 55
amendment is in compliance is fairly debatable. The state land 56
planning agency may not intervene in any proceeding initiated 57
pursuant to this section. The prevailing party in a challenge 58
filed under this paragraph is entitled to recover attorney fees 59
and costs in challenging or defending the order, including 60
reasonable appellate attorney fees and costs. 61
Section 4. Subsections (3) and (4) of section 163.3215, 62
Florida Statutes, are amended to read: 63
163.3215 Standing to enforce local comprehensive plans 64
through development orders. — 65
(3) Any aggrieved or adversely affected party may maintain 66
a de novo action for declaratory, injunctive, or other relief 67
against any local government to challenge any decision of such 68
local government granting or denying an application for, or to 69
prevent such local government from taking any action on, a 70
development order, as defined in s. 163.3164, on the basis that 71
the development order which materially alters the use or density 72
or intensity of use on a particular piece of property rendering 73
it which is not consistent with the comprehensive plan adopted 74
under this part. The de novo action must be filed no later than 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30 days following rendition of a development order or other 76
written decision, or when all local administrative appeals, if 77
any, are exhausted, whichever occurs later. 78
(4) If a local government elects to adopt or has adopted 79
an ordinance establishing, at a minimum, the requirements listed 80
in this subsection, the sole method by which an aggrieved and 81
adversely affected party may challenge any d ecision of local 82
government granting or denying an application for a development 83
order, as defined in s. 163.3164, which materially alters the 84
use or density or intensity of use on a particular piece of 85
property, on the basis that it is not consistent with the 86
comprehensive plan adopted under this part, is by an appeal 87
filed by a petition for writ of certiorari filed in circuit 88
court no later than 30 days following rendition of a development 89
order or other written decision of the local government, or when 90
all local administrative appeals, if any, are exhausted, 91
whichever occurs later. An action for injunctive or other relief 92
may be joined with the petition for certiorari. Principles of 93
judicial or administrative res judicata and collateral estoppel 94
apply to these proceedings. Minimum components of the local 95
process are as follows: 96
(a) The local process must make provision for notice of an 97
application for a development order that materially alters the 98
use or density or intensity of use on a particular piece of 99
property, including notice by publication or mailed notice 100
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consistent with the provisions of ss. 125.66(4)(b)2. and 3. and 101
166.041(3)(c)2.b. and c., and must require prominent posting at 102
the job site. The notice must be given within 10 days after the 103
filing of an application for a development order; however, 104
notice under this subsection is not required for an application 105
for a building permit or any other official action of local 106
government which does not materially alter the use or density or 107
intensity of use on a particular piece of property. The notice 108
must clearly delineate that an aggrieved or adversely affected 109
person has the right to request a quasi -judicial hearing before 110
the local government for which the application is made, must 111
explain the conditions precedent to the appeal of any 112
development order ultimately rendered upon the application, and 113
must specify the location where written procedures can be 114
obtained that describe the process, including how to initiate 115
the quasi-judicial process, the t imeframes for initiating the 116
process, and the location of the hearing. The process may 117
include an opportunity for an alternative dispute resolution. 118
(b) The local process must provide a clear point of entry 119
consisting of a written preliminary decision, a t a time and in a 120
manner to be established in the local ordinance, with the time 121
to request a quasi-judicial hearing running from the issuance of 122
the written preliminary decision; the local government, however, 123
is not bound by the preliminary decision. A p arty may request a 124
hearing to challenge or support a preliminary decision. 125
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(c) The local process must provide an opportunity for 126
participation in the process by an aggrieved or adversely 127
affected party, allowing a reasonable time for the party to 128
prepare and present a case for the quasi -judicial hearing. 129
(d) The local process must provide, at a minimum, an 130
opportunity for the disclosure of witnesses and exhibits prior 131
to hearing and an opportunity for the depositions of witnesses 132
to be taken. 133
(e) The local process may not require that a party be 134
represented by an attorney in order to participate in a hearing. 135
(f) The local process must provide for a quasi -judicial 136
hearing before an impartial special master who is an attorney 137
who has at least 5 years' experience and who shall, at the 138
conclusion of the hearing, recommend written findings of fact 139
and conclusions of law. The special master shall have the power 140
to swear witnesses and take their testimony under oath, to issue 141
subpoenas and other orders rega rding the conduct of the 142
proceedings, and to compel entry upon the land. The standard of 143
review applied by the special master in determining whether a 144
proposed development order is consistent with the comprehensive 145
plan shall be strict scrutiny in accordan ce with Florida law. 146
(g) At the quasi-judicial hearing, all parties must have 147
the opportunity to respond, to present evidence and argument on 148
all issues involved which are related to the development order, 149
and to conduct cross -examination and submit rebu ttal evidence. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Public testimony must be allowed. 151
(h) The local process must provide for a duly noticed 152
public hearing before the local government at which public 153
testimony is allowed. At the quasi -judicial hearing, the local 154
government is bound by the sp ecial master's findings of fact 155
unless the findings of fact are not supported by competent 156
substantial evidence. The governing body may modify the 157
conclusions of law if it finds that the special master's 158
application or interpretation of law is erroneous. T he governing 159
body may make reasonable legal interpretations of its 160
comprehensive plan and land development regulations without 161
regard to whether the special master's interpretation is labeled 162
as a finding of fact or a conclusion of law. The local 163
government's final decision must be reduced to writing, 164
including the findings of fact and conclusions of law, and is 165
not considered rendered or final until officially date -stamped 166
by the city or county clerk. 167
(i) An ex parte communication relating to the merits of 168
the matter under review may not be made to the special master. 169
An ex parte communication relating to the merits of the matter 170
under review may not be made to the governing body after a time 171
to be established by the local ordinance, which time must be no 172
later than receipt of the special master's recommended order by 173
the governing body. 174
(j) At the option of the local government, the process may 175
HB 359 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
require actions to challenge the consistency of a development 176
order with land development regulations to be br ought in the 177
same proceeding. 178
Section 5. This act shall take effect July 1, 2023. 179