Florida Senate - 2023 SB 192 By Senator Avila 39-00612-23 2023192__ 1 A bill to be entitled 2 An act relating to the Everglades Protection Area; 3 amending s. 163.3184, F.S.; requiring comprehensive 4 plans and plan amendments that apply to certain lands 5 within or near the Everglades Protection Area to 6 follow the state coordinated review process; requiring 7 the Department of Environmental Protection, in 8 consultation with specified entities, to make certain 9 determinations for such plans and amendments, to 10 provide written determinations to the local government 11 and specified entities within a specified timeframe, 12 and to coordinate with the local government and 13 specified entities on certain planning strategies and 14 mitigation measures; providing a condition for the 15 adoption of such plans and plan amendments upon 16 certain determinations by the department; specifying a 17 requirement for the transmittal of certain 18 comprehensive plan amendments to the department; 19 revising the scope of the state land planning agencys 20 compliance determination relating to plans and plan 21 amendments; making technical changes; amending s. 22 163.3187, F.S.; authorizing site-specific text changes 23 for small-scale future land use map amendments; 24 prohibiting the adoption of small-scale development 25 amendments for properties located within or near the 26 Everglades Protection Area; requiring local 27 governments whose boundaries include any portion of 28 the Everglades Protection Area to transmit copies of 29 adopted small-scale development amendments to the 30 state land planning agency within a specified 31 timeframe; making technical changes; amending s. 32 420.615, F.S.; conforming a cross-reference; providing 33 an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1.Paragraph (a) of subsection (2), paragraph (a) 38 of subsection (3), subsection (4), paragraph (b) of subsection 39 (5), and paragraph (a) of subsection (11) of section 163.3184, 40 Florida Statutes, are amended, and paragraph (d) is added to 41 subsection (2) of that section, to read: 42 163.3184Process for adoption of comprehensive plan or plan 43 amendment. 44 (2)COMPREHENSIVE PLANS AND PLAN AMENDMENTS. 45 (a)Plan amendments adopted by local governments must shall 46 follow the expedited state review process in subsection (3), 47 except as set forth in paragraphs (b), (c), and (d) (b) and (c). 48 (d)Proposed plans and plan amendments that apply to any 49 land within, or within 2 miles of, the Everglades Protection 50 Area as defined in s. 373.4592(2) must follow the state 51 coordinated review process in subsection (4). 52 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 53 COMPREHENSIVE PLAN AMENDMENTS. 54 (a)The process for amending a comprehensive plan described 55 in this subsection applies shall apply to all amendments except 56 as provided in paragraphs (2)(b), (c), and (d) (2)(b) and (c) 57 and is shall be applicable statewide. 58 (4)STATE COORDINATED REVIEW PROCESS. 59 (a)Coordination.The state land planning agency shall only 60 use the state coordinated review process described in this 61 subsection for review of comprehensive plans and plan amendments 62 described in paragraphs (2)(c) and (d) paragraph (2)(c). Each 63 comprehensive plan or plan amendment proposed to be adopted 64 pursuant to this subsection must shall be transmitted, adopted, 65 and reviewed in the manner prescribed in this subsection. The 66 state land planning agency shall have responsibility for plan 67 review, coordination, and the preparation and transmission of 68 comments, pursuant to this subsection, to the local governing 69 body responsible for the comprehensive plan or plan amendment. 70 (b)Local government transmittal of proposed plan or 71 amendment.Each local governing body proposing a plan or plan 72 amendment specified in paragraph (2)(c) or paragraph (2)(d) must 73 shall transmit the complete proposed comprehensive plan or plan 74 amendment to the reviewing agencies within 10 working days after 75 the first public hearing pursuant to subsection (11). The 76 transmitted document must shall clearly indicate on the cover 77 sheet that this plan amendment is subject to the state 78 coordinated review process of this subsection. The local 79 governing body must shall also transmit a copy of the complete 80 proposed comprehensive plan or plan amendment to any other unit 81 of local government or government agency in the state that has 82 filed a written request with the governing body for the plan or 83 plan amendment. 84 (c)Reviewing agency comments.Except as provided in 85 paragraph (d), the agencies specified in paragraph (b) may 86 provide comments regarding the plan or plan amendments in 87 accordance with subparagraphs (3)(b)2.-4. However, comments on 88 plans or plan amendments required to be reviewed under the state 89 coordinated review process must shall be sent to the state land 90 planning agency within 30 days after receipt by the state land 91 planning agency of the complete proposed plan or plan amendment 92 from the local government. If the state land planning agency 93 comments on a plan or plan amendment adopted under the state 94 coordinated review process, it must shall provide comments 95 according to paragraph (e) (d). Any other unit of local 96 government or government agency specified in paragraph (b) may 97 provide comments to the state land planning agency in accordance 98 with subparagraphs (3)(b)2.-4. within 30 days after receipt by 99 the state land planning agency of the complete proposed plan or 100 plan amendment. Written comments submitted by the public must 101 shall be sent directly to the local government. 102 (d)Everglades Protection Area determinations.A proposed 103 plan or plan amendment that applies to any land within, or 104 within 2 miles of, the Everglades Protection Area as defined in 105 s. 373.4592(2) must be reviewed pursuant to this paragraph by 106 the Department of Environmental Protection in consultation with 107 all federally recognized Indian tribes in this state. The 108 department shall determine whether the proposed plan or plan 109 amendment, or any portion thereof, adversely impacts the 110 Everglades Protection Area or the Everglades restoration and 111 protection objectives identified in s. 373.4592. The department 112 shall issue a written determination to the state land planning 113 agency, the local government, and all federally recognized 114 Indian tribes in this state within 30 days after receipt of the 115 proposed plan or plan amendment. The determination must identify 116 any adverse impacts and may be provided as part of the agencys 117 comments pursuant to paragraph (c). Before the adoption of the 118 proposed plan or plan amendment, the department shall work in 119 coordination with the state land planning agency, the local 120 government, and all federally recognized Indian tribes in this 121 state to identify any planning strategies or measures that the 122 local government could include in the proposed plan or plan 123 amendment to eliminate or mitigate any adverse impacts to the 124 Everglades Protection Area or the Everglades restoration and 125 protection objectives in s. 373.4592. If the department 126 determines that any portion of the proposed plan or plan 127 amendment will adversely impact the Everglades Protection Area 128 or the Everglades restoration and protection objectives 129 identified in s. 373.4592, the local government must modify that 130 portion of the proposed plan or plan amendment to include 131 planning strategies or measures to eliminate or mitigate such 132 adverse impacts before adopting the proposed plan or plan 133 amendment or that portion of the proposed plan or plan amendment 134 may not be adopted. 135 (e)State land planning agency review. 136 1.If the state land planning agency elects to review a 137 plan or plan amendment specified in paragraph (2)(c) or 138 paragraph (2)(d), the agency must shall issue a report giving 139 its objections, recommendations, and comments regarding the 140 proposed plan or plan amendment within 60 days after receipt of 141 the proposed plan or plan amendment. Notwithstanding the 142 limitation on comments in sub-subparagraph (3)(b)4.g., the state 143 land planning agency may make objections, recommendations, and 144 comments in its report regarding whether the plan or plan 145 amendment is in compliance and whether the plan or plan 146 amendment will adversely impact important state resources and 147 facilities. Any objection regarding an important state resource 148 or facility that will be adversely impacted by the adopted plan 149 or plan amendment must shall also state with specificity how the 150 plan or plan amendment will adversely impact the important state 151 resource or facility and must shall identify measures the local 152 government may take to eliminate, reduce, or mitigate the 153 adverse impacts. When a federal, state, or regional agency has 154 implemented a permitting program, a local government is not 155 required to duplicate or exceed that permitting program in its 156 comprehensive plan or to implement such a permitting program in 157 its land development regulations. This subparagraph does not 158 prohibit the state land planning agency in conducting its review 159 of local plans or plan amendments from making objections, 160 recommendations, and comments regarding densities and 161 intensities consistent with this part. In preparing its 162 comments, the state land planning agency shall only base its 163 considerations on written, and not oral, comments. 164 2.The state land planning agency review shall identify all 165 written communications with the agency regarding the proposed 166 plan amendment. The written identification must include a list 167 of all documents received or generated by the agency, which list 168 must be of sufficient specificity to enable the documents to be 169 identified and copies requested, if desired, and the name of the 170 person to be contacted to request copies of any identified 171 document. 172 (f)(e)Local government review of comments; adoption of 173 plan or amendments and transmittal. 174 1.The local government shall review the report submitted 175 to it by the state land planning agency, if any, and written 176 comments submitted to it by any other person, agency, or 177 government. The local government, upon receipt of the report 178 from the state land planning agency, shall hold a its second 179 public hearing, which shall be a hearing to determine whether to 180 adopt the comprehensive plan or one or more comprehensive plan 181 amendments pursuant to subsection (11). If the local government 182 fails to hold the second hearing within 180 days after receipt 183 of the state land planning agencys report, the amendments are 184 shall be deemed withdrawn unless extended by agreement with 185 notice to the state land planning agency and any affected person 186 who that provided comments on the amendment. The 180-day 187 limitation does not apply to amendments processed pursuant to s. 188 380.06. 189 2.All comprehensive plan amendments adopted by the 190 governing body, along with the supporting data and analysis, 191 must shall be transmitted within 10 working days after the 192 second public hearing to the state land planning agency and any 193 other agency or local government that provided timely comments 194 under paragraph (c). Comprehensive plan amendments that apply to 195 any land within, or within 2 miles of, the Everglades Protection 196 Area as defined in s. 373.4592(2) must be additionally 197 transmitted within 10 working days after the second public 198 hearing to the Department of Environmental Protection. 199 3.The state land planning agency shall notify the local 200 government of any deficiencies within 5 working days after 201 receipt of a plan or plan amendment package. For purposes of 202 completeness, a plan or plan amendment is shall be deemed 203 complete if it contains a full, executed copy of the adoption 204 ordinance or ordinances; in the case of a text amendment, a full 205 copy of the amended language in legislative format with new 206 words inserted in the text underlined, and words deleted 207 stricken with hyphens; in the case of a future land use map 208 amendment, a copy of the future land use map clearly depicting 209 the parcel, its existing future land use designation, and its 210 adopted designation; and a copy of any data and analyses the 211 local government deems appropriate. 212 4.After the state land planning agency makes a 213 determination of completeness regarding the adopted plan or plan 214 amendment, the state land planning agency shall have 45 days to 215 determine if the plan or plan amendment is in compliance with 216 this act. Unless the plan or plan amendment is substantially 217 changed from the one commented on, the state land planning 218 agencys compliance determination is shall be limited to 219 objections raised in the objections, recommendations, and 220 comments report and the review of planning strategies or 221 measures adopted pursuant to paragraph (d). During the period 222 provided for in this subparagraph, the state land planning 223 agency shall issue, through a senior administrator or the 224 secretary, a notice of intent to find that the plan or plan 225 amendment is in compliance or not in compliance. The state land 226 planning agency shall post a copy of the notice of intent on the 227 agencys Internet website. Publication by the state land 228 planning agency of the notice of intent on the state land 229 planning agencys website is Internet site shall be prima facie 230 evidence of compliance with the publication requirements of this 231 subparagraph. 232 5.A plan or plan amendment adopted under the state 233 coordinated review process must shall go into effect pursuant to 234 the state land planning agencys notice of intent. If timely 235 challenged, an amendment does not become effective until the 236 state land planning agency or the Administration Commission 237 enters a final order determining the adopted amendment to be in 238 compliance. 239 (5)ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 240 AMENDMENTS. 241 (b)The state land planning agency may file a petition with 242 the Division of Administrative Hearings pursuant to ss. 120.569 243 and 120.57, with a copy served on the affected local government, 244 to request a formal hearing to challenge whether the plan or 245 plan amendment is in compliance as defined in paragraph (1)(b). 246 The state land planning agencys petition must clearly state the 247 reasons for the challenge. Under the expedited state review 248 process, this petition must be filed with the division within 30 249 days after the state land planning agency notifies the local 250 government that the plan amendment package is complete according 251 to subparagraph (3)(c)3. Under the state coordinated review 252 process, this petition must be filed with the division within 45 253 days after the state land planning agency notifies the local 254 government that the plan amendment package is complete according 255 to subparagraph (4)(f)3 (4)(e)3. 256 1.The state land planning agencys challenge to plan 257 amendments adopted under the expedited state review process is 258 shall be limited to the comments provided by the reviewing 259 agencies pursuant to subparagraphs (3)(b)2.-4., upon a 260 determination by the state land planning agency that an 261 important state resource or facility will be adversely impacted 262 by the adopted plan amendment. The state land planning agencys 263 petition must shall state with specificity how the plan 264 amendment will adversely impact the important state resource or 265 facility. The state land planning agency may challenge a plan 266 amendment that has substantially changed from the version on 267 which the agencies provided comments but only upon a 268 determination by the state land planning agency that an 269 important state resource or facility will be adversely impacted. 270 2.If the state land planning agency issues a notice of 271 intent to find the comprehensive plan or plan amendment not in 272 compliance with this act, the notice of intent must shall be 273 forwarded to the Division of Administrative Hearings of the 274 Department of Management Services, which shall conduct a 275 proceeding under ss. 120.569 and 120.57 in the county of and 276 convenient to the affected local jurisdiction. The parties to 277 the proceeding must shall be the state land planning agency, the 278 affected local government, and any affected person who 279 intervenes. A No new issue may not be alleged as a reason to 280 find a plan or plan amendment not in compliance in an 281 administrative pleading filed more than 21 days after 282 publication of notice unless the party seeking that issue 283 establishes good cause for not alleging the issue within that 284 time period. Good cause does not include excusable neglect. 285 (11)PUBLIC HEARINGS. 286 (a)The procedure for transmittal of a complete proposed 287 comprehensive plan or plan amendment pursuant to subparagraph 288 (3)(b)1. and paragraph (4)(b) and for adoption of a 289 comprehensive plan or plan amendment pursuant to subparagraphs 290 (3)(c)1. and (4)(f)1. is (4)(e)1. shall be by affirmative vote 291 of not less than a majority of the members of the governing body 292 present at the hearing. The adoption of a comprehensive plan or 293 plan amendment is shall be by ordinance. For the purposes of 294 transmitting or adopting a comprehensive plan or plan amendment, 295 the notice requirements in chapters 125 and 166 are superseded 296 by this subsection, except as provided in this part. 297 Section 2.Subsections (1) and (2) of section 163.3187, 298 Florida Statutes, are amended to read: 299 163.3187Process for adoption of small-scale small scale 300 comprehensive plan amendment. 301 (1)A small-scale small scale development amendment may be 302 adopted if all of under the following conditions are met: 303 (a)The proposed amendment involves a use of 50 acres or 304 fewer. and: 305 (b)The proposed amendment does not involve a text change 306 to the goals, policies, and objectives of the local governments 307 comprehensive plan, but only proposes a land use change to the 308 future land use map for a site-specific small-scale small scale 309 development activity. However, site-specific text changes that 310 relate directly to, and are adopted simultaneously with, the 311 small scale future land use map amendment are shall be 312 permissible under this section. 313 (c)The property that is the subject of the proposed 314 amendment is not located within an area of critical state 315 concern, unless the project subject to the proposed amendment 316 involves the construction of affordable housing units meeting 317 the criteria of s. 420.0004(3), and is located within an area of 318 critical state concern designated by s. 380.0552 or by the 319 Administration Commission pursuant to s. 380.05(1). 320 (d)The property that is the subject of the proposed 321 amendment is not located in whole or in part within, or within 2 322 miles of, the Everglades Protection Area as defined in s. 323 373.4592(2). 324 (2)Small-scale Small scale development amendments adopted 325 pursuant to this section require only one public hearing before 326 the governing board, which must shall be an adoption hearing as 327 described in s. 163.3184(11). Within 10 days after the adoption 328 of a small-scale development amendment, a county whose 329 boundaries include any portion of the Everglades Protection Area 330 designated under s. 373.4592, and the municipalities within the 331 county, shall transmit a copy of the amendment to the state land 332 planning agency for recordkeeping purposes. 333 Section 3.Subsection (5) of section 420.615, Florida 334 Statutes, is amended to read: 335 420.615Affordable housing land donation density bonus 336 incentives. 337 (5)The local government, as part of the approval process, 338 shall adopt a comprehensive plan amendment, pursuant to part II 339 of chapter 163, for the receiving land that incorporates the 340 density bonus. Such amendment must shall be adopted in the 341 manner as required for small-scale amendments pursuant to s. 342 163.3187 and is not subject to the requirements of s. 343 163.3184(4)(b), (c), or (e) s. 163.3184(4)(b)-(d). 344 Section 4.This act shall take effect July 1, 2023.