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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. 163.3184, F.S.; providing that the 3
prevailing party in a challenge to a plan or plan 4
amendment is entitled to recover attorney fees and 5
costs; amending s. 163.3187, F.S.; awarding attorney 6
fees and costs, including reasonable appellate 7
attorney fees and costs, to the prevailing party in a 8
challenge to the compliance of a small scale 9
development amendment; amending s. 163.3215, F.S.; 10
making technical changes; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Paragraph (g) of subsection (5) of section 15
163.3184, Florida Statutes, is add ed to read: 16
163.3184 Process for adoption of comprehensive plan or 17
plan amendment.— 18
(5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 19
AMENDMENTS.— 20
(g) The prevailing party in a challenge filed under this 21
subsection is entitled to recover attorney fees and costs in 22
challenging or defending a plan or plan amendment, including 23
reasonable appellate attorney fees and costs. 24
Section 2. Paragraph (a) of subsection (5) of section 25
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163.3187, Florida Statutes, is amended to read: 26
163.3187 Process for adoptio n of small scale comprehensive 27
plan amendment.— 28
(5)(a) Any affected person may file a petition with the 29
Division of Administrative Hearings pursuant to ss. 120.569 and 30
120.57 to request a hearing to challenge the compliance of a 31
small scale development a mendment with this act within 30 days 32
following the local government's adoption of the amendment and 33
shall serve a copy of the petition on the local government. An 34
administrative law judge shall hold a hearing in the affected 35
jurisdiction not less than 30 days nor more than 60 days 36
following the filing of a petition and the assignment of an 37
administrative law judge. The parties to a hearing held pursuant 38
to this subsection shall be the petitioner, the local 39
government, and any intervenor. In the proceeding, the plan 40
amendment shall be determined to be in compliance if the local 41
government's determination that the small scale development 42
amendment is in compliance is fairly debatable. The state land 43
planning agency may not intervene in any proceeding initiate d 44
pursuant to this section. The prevailing party in a challenge 45
filed under this paragraph is entitled to recover attorney fees 46
and costs in challenging or defending the order, including 47
reasonable appellate attorney fees and costs. 48
Section 3. Subsecti ons (3) and (4) of section 163.3215, 49
Florida Statutes, are amended to read: 50
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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
163.3215 Standing to enforce local comprehensive plans 51
through development orders. — 52
(3) Any aggrieved or adversely affected party may maintain 53
a de novo action for declaratory, injunctive, or other relief 54
against any local government to challenge any decision of such 55
local government granting or denying an application for, or to 56
prevent such local government from taking any action on, a 57
development order, as defined in s. 163.31 64, on the basis that 58
the development order which materially alters the use or density 59
or intensity of use on a particular piece of property rendering 60
it which is not consistent with the comprehensive plan adopted 61
under this part. The de novo action must b e filed no later than 62
30 days following rendition of a development order or other 63
written decision, or when all local administrative appeals, if 64
any, are exhausted, whichever occurs later. 65
(4) If a local government elects to adopt or has adopted 66
an ordinance establishing, at a minimum, the requirements listed 67
in this subsection, the sole method by which an aggrieved and 68
adversely affected party may challenge any decision of local 69
government granting or denying an application for a development 70
order, as defined in s. 163.3164, which materially alters the 71
use or density or intensity of use on a particular piece of 72
property, on the basis that it is not consistent with the 73
comprehensive plan adopted under this part, is by an appeal 74
filed by a petition for writ of certiorari filed in circuit 75
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court no later than 30 days following rendition of a development 76
order or other written decision of the local government, or when 77
all local administrative appeals, if any, are exhausted, 78
whichever occurs later. An action for injunctive or other relief 79
may be joined with the petition for certiorari. Principles of 80
judicial or administrative res judicata and collateral estoppel 81
apply to these proceedings. Minimum components of the local 82
process are as follows: 83
(a) The local process must make provision for notice of an 84
application for a development order that materially alters the 85
use or density or intensity of use on a particular piece of 86
property, including notice by publication or mailed notice 87
consistent with the provisions of ss. 125.66(4)(b)2. and 3. and 88
166.041(3)(c)2.b. and c., and must require prominent posting at 89
the job site. The notice must be given within 10 days after the 90
filing of an application for a development order; however, 91
notice under this subsection is not required for an application 92
for a building permit or any other official action of local 93
government which does not materially alter the use or density or 94
intensity of use on a particular piece of property. The notice 95
must clearly delineate that an aggrieved or adversely affected 96
person has the right to request a quasi -judicial hearing before 97
the local government for which the application is made, must 98
explain the conditions precedent to the appeal of any 99
development order ultimately rendered upon the applica tion, and 100
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must specify the location where written procedures can be 101
obtained that describe the process, including how to initiate 102
the quasi-judicial process, the timeframes for initiating the 103
process, and the location of the hearing. The process may 104
include an opportunity for an alternative dispute resolution. 105
(b) The local process must provide a clear point of entry 106
consisting of a written preliminary decision, at a time and in a 107
manner to be established in the local ordinance, with the time 108
to request a quasi-judicial hearing running from the issuance of 109
the written preliminary decision; the local government, however, 110
is not bound by the preliminary decision. A party may request a 111
hearing to challenge or support a preliminary decision. 112
(c) The local process must provide an opportunity for 113
participation in the process by an aggrieved or adversely 114
affected party, allowing a reasonable time for the party to 115
prepare and present a case for the quasi -judicial hearing. 116
(d) The local process must provide, at a minimum, an 117
opportunity for the disclosure of witnesses and exhibits prior 118
to hearing and an opportunity for the depositions of witnesses 119
to be taken. 120
(e) The local process may not require that a party be 121
represented by an attorney in order to particip ate in a hearing. 122
(f) The local process must provide for a quasi -judicial 123
hearing before an impartial special master who is an attorney 124
who has at least 5 years' experience and who shall, at the 125
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conclusion of the hearing, recommend written findings of fa ct 126
and conclusions of law. The special master shall have the power 127
to swear witnesses and take their testimony under oath, to issue 128
subpoenas and other orders regarding the conduct of the 129
proceedings, and to compel entry upon the land. The standard of 130
review applied by the special master in determining whether a 131
proposed development order is consistent with the comprehensive 132
plan shall be strict scrutiny in accordance with Florida law. 133
(g) At the quasi-judicial hearing, all parties must have 134
the opportunity to respond, to present evidence and argument on 135
all issues involved which are related to the development order, 136
and to conduct cross -examination and submit rebuttal evidence. 137
Public testimony must be allowed. 138
(h) The local process must provide for a d uly noticed 139
public hearing before the local government at which public 140
testimony is allowed. At the quasi -judicial hearing, the local 141
government is bound by the special master's findings of fact 142
unless the findings of fact are not supported by competent 143
substantial evidence. The governing body may modify the 144
conclusions of law if it finds that the special master's 145
application or interpretation of law is erroneous. The governing 146
body may make reasonable legal interpretations of its 147
comprehensive plan and lan d development regulations without 148
regard to whether the special master's interpretation is labeled 149
as a finding of fact or a conclusion of law. The local 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
government's final decision must be reduced to writing, 151
including the findings of fact and conclusions of law, and is 152
not considered rendered or final until officially date -stamped 153
by the city or county clerk. 154
(i) An ex parte communication relating to the merits of 155
the matter under review may not be made to the special master. 156
An ex parte communication r elating to the merits of the matter 157
under review may not be made to the governing body after a time 158
to be established by the local ordinance, which time must be no 159
later than receipt of the special master's recommended order by 160
the governing body. 161
(j) At the option of the local government, the process may 162
require actions to challenge the consistency of a development 163
order with land development regulations to be brought in the 164
same proceeding. 165
Section 4. This act shall take effect July 1, 2023. 166