FL
Florida House Bill H0359

Florida 2023 Regular Session

Florida House Bill H0359 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to local government comprehensive 2
16-plans; amending s. 163.3184, F.S.; revising the review 3
17-process for adoption of comprehensive plan amendments; 4
18-providing that the prevailing party in a challenge to 5
19-a plan or plan amendment is entitled to recover 6
20-attorney fees and costs; providing retroactive 7
21-applicability; amending s. 163.3187, F.S.; providing 8
22-that the prevailing party in a challenge to the 9
23-compliance of a small scale development order is 10
24-entitled to recover attorney fees and costs; amending 11
25-s. 163.3202, F.S.; providing applicability; amending 12
26-s. 163.3215, F.S.; making technical changes; providing 13
27-an effective date. 14
28- 15
29-Be It Enacted by the Legisl ature of the State of Florida: 16
30- 17
31- Section 1. Paragraph (c) of subsection (3) of section 18
32-163.3184, Florida Statutes, is amended, and paragraph (g) is 19
33-added to subsection (5) of that section, to read: 20
34- 163.3184 Process for adoption of comprehensive plan o r 21
35-plan amendment.— 22
36- (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 23
37-COMPREHENSIVE PLAN AMENDMENTS. — 24
38- (c)1. The local government shall hold its second public 25
16+plans; amending s. 163.3184, F.S.; providing that the 3
17+prevailing party in a challenge to a plan or plan 4
18+amendment is entitled to recover attorney fees and 5
19+costs; amending s. 163.3187, F.S.; awarding attorney 6
20+fees and costs, including reasonable appellate 7
21+attorney fees and costs, to the prevailing party in a 8
22+challenge to the compliance of a small scale 9
23+development amendment; amending s. 163.3215, F.S.; 10
24+making technical changes; providing an effective date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
27+ 14
28+ Section 1. Paragraph (g) of subsection (5) of section 15
29+163.3184, Florida Statutes, is add ed to read: 16
30+ 163.3184 Process for adoption of comprehensive plan or 17
31+plan amendment.— 18
32+ (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 19
33+AMENDMENTS.— 20
34+ (g) The prevailing party in a challenge filed under this 21
35+subsection is entitled to recover attorney fees and costs in 22
36+challenging or defending a plan or plan amendment, including 23
37+reasonable appellate attorney fees and costs. 24
38+ Section 2. Paragraph (a) of subsection (5) of section 25
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4747 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
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51-hearing, which shall be a hearing on whether to adopt one or 26
52-more comprehensive plan amendment s pursuant to subsection (11). 27
53-If the local government fails, within 180 days after receipt of 28
54-agency comments, to hold the second public hearing, the 29
55-amendment is amendments shall be deemed withdrawn unless 30
56-extended by agreement with notice to the state l and planning 31
57-agency and any affected person that provided comments on the 32
58-amendment. If the amendment is not adopted at the second public 33
59-hearing, the amendment must be formally adopted by the local 34
60-government within 180 days after the second public hearin g or 35
61-the amendment is deemed withdrawn The 180-day limitation does 36
62-not apply to amendments processed pursuant to s. 380.06 . 37
63- 2. All comprehensive plan amendments adopted by the 38
64-governing body, along with the supporting data and analysis, 39
65-shall be transmitted within 10 working days after the second 40
66-public hearing to the state land planning agency and any other 41
67-agency or local government that provided timely comments under 42
68-subparagraph (b)2. 43
69- 3. The state land planning agency shall notify the local 44
70-government of any deficiencies within 5 working days after 45
71-receipt of an amendment package. For purposes of completeness, 46
72-an amendment shall be deemed complete if it contains a full, 47
73-executed copy of the adoption ordinance or ordinances; in the 48
74-case of a text amendment, a full copy of the amended language in 49
75-legislative format with new words inserted in the text 50
51+163.3187, Florida Statutes, is amended to read: 26
52+ 163.3187 Process for adoptio n of small scale comprehensive 27
53+plan amendment.— 28
54+ (5)(a) Any affected person may file a petition with the 29
55+Division of Administrative Hearings pursuant to ss. 120.569 and 30
56+120.57 to request a hearing to challenge the compliance of a 31
57+small scale development a mendment with this act within 30 days 32
58+following the local government's adoption of the amendment and 33
59+shall serve a copy of the petition on the local government. An 34
60+administrative law judge shall hold a hearing in the affected 35
61+jurisdiction not less than 30 days nor more than 60 days 36
62+following the filing of a petition and the assignment of an 37
63+administrative law judge. The parties to a hearing held pursuant 38
64+to this subsection shall be the petitioner, the local 39
65+government, and any intervenor. In the proceeding, the plan 40
66+amendment shall be determined to be in compliance if the local 41
67+government's determination that the small scale development 42
68+amendment is in compliance is fairly debatable. The state land 43
69+planning agency may not intervene in any proceeding initiate d 44
70+pursuant to this section. The prevailing party in a challenge 45
71+filed under this paragraph is entitled to recover attorney fees 46
72+and costs in challenging or defending the order, including 47
73+reasonable appellate attorney fees and costs. 48
74+ Section 3. Subsecti ons (3) and (4) of section 163.3215, 49
75+Florida Statutes, are amended to read: 50
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8484 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
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88-underlined, and words deleted stricken with hyphens; in the case 51
89-of a future land use map amendment, a copy of the future land 52
90-use map clearly depicting th e parcel, its existing future land 53
91-use designation, and its adopted designation; and a copy of any 54
92-data and analyses the local government deems appropriate. 55
93- 4. An amendment adopted under this paragraph does not 56
94-become effective until 31 days after the st ate land planning 57
95-agency notifies the local government that the plan amendment 58
96-package is complete. If timely challenged, an amendment does not 59
97-become effective until the state land planning agency or the 60
98-Administration Commission enters a final order dete rmining the 61
99-adopted amendment to be in compliance. 62
100- (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 63
101-AMENDMENTS.— 64
102- (g) The prevailing party in a challenge filed under this 65
103-subsection is entitled to recover attorney fees and costs in 66
104-challenging or defendi ng a plan or plan amendment, including 67
105-reasonable appellate attorney fees and costs. 68
106- Section 2. The amendment made by section 1 of this act to 69
107-s. 163.3184(3)(c), Florida Statutes, is remedial in nature, is 70
108-intended to clarify existing law, and applies retroactively to 71
109-January 1, 2022. 72
110- Section 3. Paragraph (a) of subsection (5) of section 73
111-163.3187, Florida Statutes, is amended to read: 74
112- 163.3187 Process for adoption of small scale comprehensive 75
88+ 163.3215 Standing to enforce local comprehensive plans 51
89+through development orders. — 52
90+ (3) Any aggrieved or adversely affected party may maintain 53
91+a de novo action for declaratory, injunctive, or other relief 54
92+against any local government to challenge any decision of such 55
93+local government granting or denying an application for, or to 56
94+prevent such local government from taking any action on, a 57
95+development order, as defined in s. 163.31 64, on the basis that 58
96+the development order which materially alters the use or density 59
97+or intensity of use on a particular piece of property rendering 60
98+it which is not consistent with the comprehensive plan adopted 61
99+under this part. The de novo action must b e filed no later than 62
100+30 days following rendition of a development order or other 63
101+written decision, or when all local administrative appeals, if 64
102+any, are exhausted, whichever occurs later. 65
103+ (4) If a local government elects to adopt or has adopted 66
104+an ordinance establishing, at a minimum, the requirements listed 67
105+in this subsection, the sole method by which an aggrieved and 68
106+adversely affected party may challenge any decision of local 69
107+government granting or denying an application for a development 70
108+order, as defined in s. 163.3164, which materially alters the 71
109+use or density or intensity of use on a particular piece of 72
110+property, on the basis that it is not consistent with the 73
111+comprehensive plan adopted under this part, is by an appeal 74
112+filed by a petition for writ of certiorari filed in circuit 75
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121121 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
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125-plan amendment.— 76
126- (5)(a) Any affected person may file a petition with the 77
127-Division of Administrative Hearings pursuant to ss. 120.569 and 78
128-120.57 to request a hearing to challenge the compliance of a 79
129-small scale development amendment with this act within 30 days 80
130-following the local government's adoption of the amendment and 81
131-shall serve a copy of the petition on the local government. An 82
132-administrative law judge shall hold a hearing in the affected 83
133-jurisdiction not less than 30 days nor more than 60 days 84
134-following the filing of a petition and the assignment of an 85
135-administrative law judge. The parties to a hearing held pursuant 86
136-to this subsection shall be the petitioner, the local 87
137-government, and any intervenor. In the proceeding, the plan 88
138-amendment shall be determined to be in compliance if the local 89
139-government's determination that the small scale development 90
140-amendment is in compliance is fairly debatable. The state land 91
141-planning agency may not intervene in any proceeding initiated 92
142-pursuant to this section. The prevailing party in a challenge 93
143-filed under this parag raph is entitled to recover attorney fees 94
144-and costs in challenging or defending the order, including 95
145-reasonable appellate attorney fees and costs. 96
146- Section 4. Subsection (6) of section 163.3202, Florida 97
147-Statutes, is renumbered as subsection (7), and a new subsection 98
148-(6) is added to that section to read: 99
149- 163.3202 Land development regulations. — 100
125+court no later than 30 days following rendition of a development 76
126+order or other written decision of the local government, or when 77
127+all local administrative appeals, if any, are exhausted, 78
128+whichever occurs later. An action for injunctive or other relief 79
129+may be joined with the petition for certiorari. Principles of 80
130+judicial or administrative res judicata and collateral estoppel 81
131+apply to these proceedings. Minimum components of the local 82
132+process are as follows: 83
133+ (a) The local process must make provision for notice of an 84
134+application for a development order that materially alters the 85
135+use or density or intensity of use on a particular piece of 86
136+property, including notice by publication or mailed notice 87
137+consistent with the provisions of ss. 125.66(4)(b)2. and 3. and 88
138+166.041(3)(c)2.b. and c., and must require prominent posting at 89
139+the job site. The notice must be given within 10 days after the 90
140+filing of an application for a development order; however, 91
141+notice under this subsection is not required for an application 92
142+for a building permit or any other official action of local 93
143+government which does not materially alter the use or density or 94
144+intensity of use on a particular piece of property. The notice 95
145+must clearly delineate that an aggrieved or adversely affected 96
146+person has the right to request a quasi -judicial hearing before 97
147+the local government for which the application is made, must 98
148+explain the conditions precedent to the appeal of any 99
149+development order ultimately rendered upon the applica tion, and 100
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158158 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
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162- (6) Land development regulations relating to any 101
163-characteristic of development other than use, or intensity or 102
164-density of use, do not apply to Florida College System 103
165-institutions as defined in s. 1000.21(3). 104
166- Section 5. Subsections (3) and (4) of section 163.3215, 105
167-Florida Statutes, are amended to read: 106
168- 163.3215 Standing to enforce local comprehensive plans 107
169-through development orders. — 108
170- (3) Any aggrieved or adversely affected party may maintain 109
171-a de novo action for declaratory, injunctive, or other relief 110
172-against any local government to challenge any decision of such 111
173-local government granting or denying an application for, or to 112
174-prevent such local government from taking any action on, a 113
175-development order, as defined in s. 163.3164, on the basis that 114
176-the development order which materially alters the use or density 115
177-or intensity of use on a particular piece of property rendering 116
178-it which is not consistent with t he comprehensive plan adopted 117
179-under this part. The de novo action must be filed no later than 118
180-30 days following rendition of a development order or other 119
181-written decision, or when all local administrative appeals, if 120
182-any, are exhausted, whichever occurs la ter. 121
183- (4) If a local government elects to adopt or has adopted 122
184-an ordinance establishing, at a minimum, the requirements listed 123
185-in this subsection, the sole method by which an aggrieved and 124
186-adversely affected party may challenge any decision of local 125
162+must specify the location where written procedures can be 101
163+obtained that describe the process, including how to initiate 102
164+the quasi-judicial process, the timeframes for initiating the 103
165+process, and the location of the hearing. The process may 104
166+include an opportunity for an alternative dispute resolution. 105
167+ (b) The local process must provide a clear point of entry 106
168+consisting of a written preliminary decision, at a time and in a 107
169+manner to be established in the local ordinance, with the time 108
170+to request a quasi-judicial hearing running from the issuance of 109
171+the written preliminary decision; the local government, however, 110
172+is not bound by the preliminary decision. A party may request a 111
173+hearing to challenge or support a preliminary decision. 112
174+ (c) The local process must provide an opportunity for 113
175+participation in the process by an aggrieved or adversely 114
176+affected party, allowing a reasonable time for the party to 115
177+prepare and present a case for the quasi -judicial hearing. 116
178+ (d) The local process must provide, at a minimum, an 117
179+opportunity for the disclosure of witnesses and exhibits prior 118
180+to hearing and an opportunity for the depositions of witnesses 119
181+to be taken. 120
182+ (e) The local process may not require that a party be 121
183+represented by an attorney in order to particip ate in a hearing. 122
184+ (f) The local process must provide for a quasi -judicial 123
185+hearing before an impartial special master who is an attorney 124
186+who has at least 5 years' experience and who shall, at the 125
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195195 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
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199-government granting or denying an application for a development 126
200-order, as defined in s. 163.3164, which materially alters the 127
201-use or density or intensity of use on a particular piece of 128
202-property, on the basis that it is not consistent with the 129
203-comprehensive plan adopted under this part, is by an appeal 130
204-filed by a petition for writ of certiorari filed in circuit 131
205-court no later than 30 days following rendition of a development 132
206-order or other written decision of the local government, or when 133
207-all local administrati ve appeals, if any, are exhausted, 134
208-whichever occurs later. An action for injunctive or other relief 135
209-may be joined with the petition for certiorari. Principles of 136
210-judicial or administrative res judicata and collateral estoppel 137
211-apply to these proceedings. Mi nimum components of the local 138
212-process are as follows: 139
213- (a) The local process must make provision for notice of an 140
214-application for a development order that materially alters the 141
215-use or density or intensity of use on a particular piece of 142
216-property, including notice by publication or mailed notice 143
217-consistent with the provisions of ss. 125.66(4)(b)2. and 3. and 144
218-166.041(3)(c)2.b. and c., and must require prominent posting at 145
219-the job site. The notice must be given within 10 days after the 146
220-filing of an applicatio n for a development order; however, 147
221-notice under this subsection is not required for an application 148
222-for a building permit or any other official action of local 149
223-government which does not materially alter the use or density or 150
199+conclusion of the hearing, recommend written findings of fa ct 126
200+and conclusions of law. The special master shall have the power 127
201+to swear witnesses and take their testimony under oath, to issue 128
202+subpoenas and other orders regarding the conduct of the 129
203+proceedings, and to compel entry upon the land. The standard of 130
204+review applied by the special master in determining whether a 131
205+proposed development order is consistent with the comprehensive 132
206+plan shall be strict scrutiny in accordance with Florida law. 133
207+ (g) At the quasi-judicial hearing, all parties must have 134
208+the opportunity to respond, to present evidence and argument on 135
209+all issues involved which are related to the development order, 136
210+and to conduct cross -examination and submit rebuttal evidence. 137
211+Public testimony must be allowed. 138
212+ (h) The local process must provide for a d uly noticed 139
213+public hearing before the local government at which public 140
214+testimony is allowed. At the quasi -judicial hearing, the local 141
215+government is bound by the special master's findings of fact 142
216+unless the findings of fact are not supported by competent 143
217+substantial evidence. The governing body may modify the 144
218+conclusions of law if it finds that the special master's 145
219+application or interpretation of law is erroneous. The governing 146
220+body may make reasonable legal interpretations of its 147
221+comprehensive plan and lan d development regulations without 148
222+regard to whether the special master's interpretation is labeled 149
223+as a finding of fact or a conclusion of law. The local 150
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232232 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
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236-intensity of use on a particula r piece of property. The notice 151
237-must clearly delineate that an aggrieved or adversely affected 152
238-person has the right to request a quasi -judicial hearing before 153
239-the local government for which the application is made, must 154
240-explain the conditions precedent to the appeal of any 155
241-development order ultimately rendered upon the application, and 156
242-must specify the location where written procedures can be 157
243-obtained that describe the process, including how to initiate 158
244-the quasi-judicial process, the timeframes for initiat ing the 159
245-process, and the location of the hearing. The process may 160
246-include an opportunity for an alternative dispute resolution. 161
247- (b) The local process must provide a clear point of entry 162
248-consisting of a written preliminary decision, at a time and in a 163
249-manner to be established in the local ordinance, with the time 164
250-to request a quasi-judicial hearing running from the issuance of 165
251-the written preliminary decision; the local government, however, 166
252-is not bound by the preliminary decision. A party may request a 167
253-hearing to challenge or support a preliminary decision. 168
254- (c) The local process must provide an opportunity for 169
255-participation in the process by an aggrieved or adversely 170
256-affected party, allowing a reasonable time for the party to 171
257-prepare and present a case f or the quasi-judicial hearing. 172
258- (d) The local process must provide, at a minimum, an 173
259-opportunity for the disclosure of witnesses and exhibits prior 174
260-to hearing and an opportunity for the depositions of witnesses 175
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269-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
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273-to be taken. 176
274- (e) The local process may not require that a party be 177
275-represented by an attorney in order to participate in a hearing. 178
276- (f) The local process must provide for a quasi -judicial 179
277-hearing before an impartial special master who is an attorney 180
278-who has at least 5 years' experience and who s hall, at the 181
279-conclusion of the hearing, recommend written findings of fact 182
280-and conclusions of law. The special master shall have the power 183
281-to swear witnesses and take their testimony under oath, to issue 184
282-subpoenas and other orders regarding the conduct of the 185
283-proceedings, and to compel entry upon the land. The standard of 186
284-review applied by the special master in determining whether a 187
285-proposed development order is consistent with the comprehensive 188
286-plan shall be strict scrutiny in accordance with Florida law. 189
287- (g) At the quasi-judicial hearing, all parties must have 190
288-the opportunity to respond, to present evidence and argument on 191
289-all issues involved which are related to the development order, 192
290-and to conduct cross -examination and submit rebuttal evidence. 193
291-Public testimony must be allowed. 194
292- (h) The local process must provide for a duly noticed 195
293-public hearing before the local government at which public 196
294-testimony is allowed. At the quasi -judicial hearing, the local 197
295-government is bound by the special master's findin gs of fact 198
296-unless the findings of fact are not supported by competent 199
297-substantial evidence. The governing body may modify the 200
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306-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
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310-conclusions of law if it finds that the special master's 201
311-application or interpretation of law is erroneous. The governing 202
312-body may make reasonable legal interpretations of its 203
313-comprehensive plan and land development regulations without 204
314-regard to whether the special master's interpretation is labeled 205
315-as a finding of fact or a conclusion of law. The local 206
316-government's final decision mu st be reduced to writing, 207
317-including the findings of fact and conclusions of law, and is 208
318-not considered rendered or final until officially date -stamped 209
319-by the city or county clerk. 210
320- (i) An ex parte communication relating to the merits of 211
321-the matter under review may not be made to the special master. 212
322-An ex parte communication relating to the merits of the matter 213
323-under review may not be made to the governing body after a time 214
324-to be established by the local ordinance, which time must be no 215
325-later than receipt o f the special master's recommended order by 216
326-the governing body. 217
327- (j) At the option of the local government, the process may 218
328-require actions to challenge the consistency of a development 219
329-order with land development regulations to be brought in the 220
330-same proceeding. 221
331- Section 6. This act shall take effect July 1, 2023. 222
236+government's final decision must be reduced to writing, 151
237+including the findings of fact and conclusions of law, and is 152
238+not considered rendered or final until officially date -stamped 153
239+by the city or county clerk. 154
240+ (i) An ex parte communication relating to the merits of 155
241+the matter under review may not be made to the special master. 156
242+An ex parte communication r elating to the merits of the matter 157
243+under review may not be made to the governing body after a time 158
244+to be established by the local ordinance, which time must be no 159
245+later than receipt of the special master's recommended order by 160
246+the governing body. 161
247+ (j) At the option of the local government, the process may 162
248+require actions to challenge the consistency of a development 163
249+order with land development regulations to be brought in the 164
250+same proceeding. 165
251+ Section 4. This act shall take effect July 1, 2023. 166