Florida Senate - 2023 CS for SB 192 By the Committee on Community Affairs; and Senators Avila, Calatayud, Rodriguez, and Gruters 578-02357-23 2023192c1 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 by a county as 49 defined in s. 125.011(1) or any municipality located therein 50 which apply to land within, or within 2 miles of, the Everglades 51 Protection Area as defined in s. 373.4592(2) must follow the 52 state coordinated review process in subsection (4). 53 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 54 COMPREHENSIVE PLAN AMENDMENTS. 55 (a)The process for amending a comprehensive plan described 56 in this subsection applies shall apply to all amendments except 57 as provided in paragraphs (2)(b), (c), and (d) (2)(b) and (c) 58 and is shall be applicable statewide. 59 (4)STATE COORDINATED REVIEW PROCESS. 60 (a)Coordination.The state land planning agency shall only 61 use the state coordinated review process described in this 62 subsection for review of comprehensive plans and plan amendments 63 described in paragraphs (2)(c) and (d) paragraph (2)(c). Each 64 comprehensive plan or plan amendment proposed to be adopted 65 pursuant to this subsection must shall be transmitted, adopted, 66 and reviewed in the manner prescribed in this subsection. The 67 state land planning agency shall have responsibility for plan 68 review, coordination, and the preparation and transmission of 69 comments, pursuant to this subsection, to the local governing 70 body responsible for the comprehensive plan or plan amendment. 71 (b)Local government transmittal of proposed plan or 72 amendment.Each local governing body proposing a plan or plan 73 amendment specified in paragraph (2)(c) or paragraph (2)(d) must 74 shall transmit the complete proposed comprehensive plan or plan 75 amendment to the reviewing agencies within 10 working days after 76 the first public hearing pursuant to subsection (11). The 77 transmitted document must shall clearly indicate on the cover 78 sheet that this plan amendment is subject to the state 79 coordinated review process of this subsection. The local 80 governing body must shall also transmit a copy of the complete 81 proposed comprehensive plan or plan amendment to any other unit 82 of local government or government agency in the state that has 83 filed a written request with the governing body for the plan or 84 plan amendment. 85 (c)Reviewing agency comments.Except as provided in 86 paragraph (d), the agencies specified in paragraph (b) may 87 provide comments regarding the plan or plan amendments in 88 accordance with subparagraphs (3)(b)2.-4. However, comments on 89 plans or plan amendments required to be reviewed under the state 90 coordinated review process must shall be sent to the state land 91 planning agency within 30 days after receipt by the state land 92 planning agency of the complete proposed plan or plan amendment 93 from the local government. If the state land planning agency 94 comments on a plan or plan amendment adopted under the state 95 coordinated review process, it must shall provide comments 96 according to paragraph (e) (d). Any other unit of local 97 government or government agency specified in paragraph (b) may 98 provide comments to the state land planning agency in accordance 99 with subparagraphs (3)(b)2.-4. within 30 days after receipt by 100 the state land planning agency of the complete proposed plan or 101 plan amendment. Written comments submitted by the public must 102 shall be sent directly to the local government. 103 (d)Everglades Protection Area determinations.A proposed 104 plan or plan amendment that applies to any land within, or 105 within 2 miles of, the Everglades Protection Area as defined in 106 s. 373.4592(2) must be reviewed pursuant to this paragraph by 107 the Department of Environmental Protection in consultation with 108 all federally recognized Indian tribes in this state. The 109 department shall determine whether the proposed plan or plan 110 amendment, or any portion thereof, adversely impacts the 111 Everglades Protection Area or the Everglades restoration and 112 protection objectives identified in s. 373.4592. The department 113 shall issue a written determination to the state land planning 114 agency, the local government, and all federally recognized 115 Indian tribes in this state within 30 days after receipt of the 116 proposed plan or plan amendment. The determination must identify 117 any adverse impacts and may be provided as part of the agencys 118 comments pursuant to paragraph (c). Before the adoption of the 119 proposed plan or plan amendment, the department shall work in 120 coordination with the state land planning agency, the local 121 government, and all federally recognized Indian tribes in this 122 state to identify any planning strategies or measures that the 123 local government could include in the proposed plan or plan 124 amendment to eliminate or mitigate any adverse impacts to the 125 Everglades Protection Area or the Everglades restoration and 126 protection objectives in s. 373.4592. If the department 127 determines that any portion of the proposed plan or plan 128 amendment will adversely impact the Everglades Protection Area 129 or the Everglades restoration and protection objectives 130 identified in s. 373.4592, the local government must modify that 131 portion of the proposed plan or plan amendment to include 132 planning strategies or measures to eliminate or mitigate such 133 adverse impacts before adopting the proposed plan or plan 134 amendment or that portion of the proposed plan or plan amendment 135 may not be adopted. 136 (e)State land planning agency review. 137 1.If the state land planning agency elects to review a 138 plan or plan amendment specified in paragraph (2)(c) or 139 paragraph (2)(d), the agency must shall issue a report giving 140 its objections, recommendations, and comments regarding the 141 proposed plan or plan amendment within 60 days after receipt of 142 the proposed plan or plan amendment. Notwithstanding the 143 limitation on comments in sub-subparagraph (3)(b)4.g., the state 144 land planning agency may make objections, recommendations, and 145 comments in its report regarding whether the plan or plan 146 amendment is in compliance and whether the plan or plan 147 amendment will adversely impact important state resources and 148 facilities. Any objection regarding an important state resource 149 or facility that will be adversely impacted by the adopted plan 150 or plan amendment must shall also state with specificity how the 151 plan or plan amendment will adversely impact the important state 152 resource or facility and must shall identify measures the local 153 government may take to eliminate, reduce, or mitigate the 154 adverse impacts. When a federal, state, or regional agency has 155 implemented a permitting program, a local government is not 156 required to duplicate or exceed that permitting program in its 157 comprehensive plan or to implement such a permitting program in 158 its land development regulations. This subparagraph does not 159 prohibit the state land planning agency in conducting its review 160 of local plans or plan amendments from making objections, 161 recommendations, and comments regarding densities and 162 intensities consistent with this part. In preparing its 163 comments, the state land planning agency shall only base its 164 considerations on written, and not oral, comments. 165 2.The state land planning agency review shall identify all 166 written communications with the agency regarding the proposed 167 plan amendment. The written identification must include a list 168 of all documents received or generated by the agency, which list 169 must be of sufficient specificity to enable the documents to be 170 identified and copies requested, if desired, and the name of the 171 person to be contacted to request copies of any identified 172 document. 173 (f)(e)Local government review of comments; adoption of 174 plan or amendments and transmittal. 175 1.The local government shall review the report submitted 176 to it by the state land planning agency, if any, and written 177 comments submitted to it by any other person, agency, or 178 government. The local government, upon receipt of the report 179 from the state land planning agency, shall hold a its second 180 public hearing, which shall be a hearing to determine whether to 181 adopt the comprehensive plan or one or more comprehensive plan 182 amendments pursuant to subsection (11). If the local government 183 fails to hold the second hearing within 180 days after receipt 184 of the state land planning agencys report, the amendments are 185 shall be deemed withdrawn unless extended by agreement with 186 notice to the state land planning agency and any affected person 187 who that provided comments on the amendment. The 180-day 188 limitation does not apply to amendments processed pursuant to s. 189 380.06. 190 2.All comprehensive plan amendments adopted by the 191 governing body, along with the supporting data and analysis, 192 must shall be transmitted within 10 working days after the 193 second public hearing to the state land planning agency and any 194 other agency or local government that provided timely comments 195 under paragraph (c). Comprehensive plan amendments that apply to 196 any land within, or within 2 miles of, the Everglades Protection 197 Area as defined in s. 373.4592(2) must be additionally 198 transmitted within 10 working days after the second public 199 hearing to the Department of Environmental Protection. 200 3.The state land planning agency shall notify the local 201 government of any deficiencies within 5 working days after 202 receipt of a plan or plan amendment package. For purposes of 203 completeness, a plan or plan amendment is shall be deemed 204 complete if it contains a full, executed copy of the adoption 205 ordinance or ordinances; in the case of a text amendment, a full 206 copy of the amended language in legislative format with new 207 words inserted in the text underlined, and words deleted 208 stricken with hyphens; in the case of a future land use map 209 amendment, a copy of the future land use map clearly depicting 210 the parcel, its existing future land use designation, and its 211 adopted designation; and a copy of any data and analyses the 212 local government deems appropriate. 213 4.After the state land planning agency makes a 214 determination of completeness regarding the adopted plan or plan 215 amendment, the state land planning agency shall have 45 days to 216 determine if the plan or plan amendment is in compliance with 217 this act. Unless the plan or plan amendment is substantially 218 changed from the one commented on, the state land planning 219 agencys compliance determination is shall be limited to 220 objections raised in the objections, recommendations, and 221 comments report and the review of planning strategies or 222 measures adopted pursuant to paragraph (d). During the period 223 provided for in this subparagraph, the state land planning 224 agency shall issue, through a senior administrator or the 225 secretary, a notice of intent to find that the plan or plan 226 amendment is in compliance or not in compliance. The state land 227 planning agency shall post a copy of the notice of intent on the 228 agencys Internet website. Publication by the state land 229 planning agency of the notice of intent on the state land 230 planning agencys website is Internet site shall be prima facie 231 evidence of compliance with the publication requirements of this 232 subparagraph. 233 5.A plan or plan amendment adopted under the state 234 coordinated review process must shall go into effect pursuant to 235 the state land planning agencys notice of intent. If timely 236 challenged, an amendment does not become effective until the 237 state land planning agency or the Administration Commission 238 enters a final order determining the adopted amendment to be in 239 compliance. 240 (5)ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 241 AMENDMENTS. 242 (b)The state land planning agency may file a petition with 243 the Division of Administrative Hearings pursuant to ss. 120.569 244 and 120.57, with a copy served on the affected local government, 245 to request a formal hearing to challenge whether the plan or 246 plan amendment is in compliance as defined in paragraph (1)(b). 247 The state land planning agencys petition must clearly state the 248 reasons for the challenge. Under the expedited state review 249 process, this petition must be filed with the division within 30 250 days after the state land planning agency notifies the local 251 government that the plan amendment package is complete according 252 to subparagraph (3)(c)3. Under the state coordinated review 253 process, this petition must be filed with the division within 45 254 days after the state land planning agency notifies the local 255 government that the plan amendment package is complete according 256 to subparagraph (4)(f)3 (4)(e)3. 257 1.The state land planning agencys challenge to plan 258 amendments adopted under the expedited state review process is 259 shall be limited to the comments provided by the reviewing 260 agencies pursuant to subparagraphs (3)(b)2.-4., upon a 261 determination by the state land planning agency that an 262 important state resource or facility will be adversely impacted 263 by the adopted plan amendment. The state land planning agencys 264 petition must shall state with specificity how the plan 265 amendment will adversely impact the important state resource or 266 facility. The state land planning agency may challenge a plan 267 amendment that has substantially changed from the version on 268 which the agencies provided comments but only upon a 269 determination by the state land planning agency that an 270 important state resource or facility will be adversely impacted. 271 2.If the state land planning agency issues a notice of 272 intent to find the comprehensive plan or plan amendment not in 273 compliance with this act, the notice of intent must shall be 274 forwarded to the Division of Administrative Hearings of the 275 Department of Management Services, which shall conduct a 276 proceeding under ss. 120.569 and 120.57 in the county of and 277 convenient to the affected local jurisdiction. The parties to 278 the proceeding must shall be the state land planning agency, the 279 affected local government, and any affected person who 280 intervenes. A No new issue may not be alleged as a reason to 281 find a plan or plan amendment not in compliance in an 282 administrative pleading filed more than 21 days after 283 publication of notice unless the party seeking that issue 284 establishes good cause for not alleging the issue within that 285 time period. Good cause does not include excusable neglect. 286 (11)PUBLIC HEARINGS. 287 (a)The procedure for transmittal of a complete proposed 288 comprehensive plan or plan amendment pursuant to subparagraph 289 (3)(b)1. and paragraph (4)(b) and for adoption of a 290 comprehensive plan or plan amendment pursuant to subparagraphs 291 (3)(c)1. and (4)(f)1. is (4)(e)1. shall be by affirmative vote 292 of not less than a majority of the members of the governing body 293 present at the hearing. The adoption of a comprehensive plan or 294 plan amendment is shall be by ordinance. For the purposes of 295 transmitting or adopting a comprehensive plan or plan amendment, 296 the notice requirements in chapters 125 and 166 are superseded 297 by this subsection, except as provided in this part. 298 Section 2.Subsections (1) and (2) of section 163.3187, 299 Florida Statutes, are amended to read: 300 163.3187Process for adoption of small-scale small scale 301 comprehensive plan amendment. 302 (1)A small-scale small scale development amendment may be 303 adopted if all of under the following conditions are met: 304 (a)The proposed amendment involves a use of 50 acres or 305 fewer. and: 306 (b)The proposed amendment does not involve a text change 307 to the goals, policies, and objectives of the local governments 308 comprehensive plan, but only proposes a land use change to the 309 future land use map for a site-specific small-scale small scale 310 development activity. However, site-specific text changes that 311 relate directly to, and are adopted simultaneously with, the 312 small scale future land use map amendment are shall be 313 permissible under this section. 314 (c)The property that is the subject of the proposed 315 amendment is not located within an area of critical state 316 concern, unless the project subject to the proposed amendment 317 involves the construction of affordable housing units meeting 318 the criteria of s. 420.0004(3), and is located within an area of 319 critical state concern designated by s. 380.0552 or by the 320 Administration Commission pursuant to s. 380.05(1). 321 (d)The property that is the subject of the proposed 322 amendment is not located in whole or in part within, or within 2 323 miles of, the Everglades Protection Area as defined in s. 324 373.4592(2). 325 (2)Small-scale Small scale development amendments adopted 326 pursuant to this section require only one public hearing before 327 the governing board, which must shall be an adoption hearing as 328 described in s. 163.3184(11). Within 10 days after the adoption 329 of a small-scale development amendment, a county whose 330 boundaries include any portion of the Everglades Protection Area 331 designated under s. 373.4592, and the municipalities within the 332 county, shall transmit a copy of the amendment to the state land 333 planning agency for recordkeeping purposes. 334 Section 3.Subsection (5) of section 420.615, Florida 335 Statutes, is amended to read: 336 420.615Affordable housing land donation density bonus 337 incentives. 338 (5)The local government, as part of the approval process, 339 shall adopt a comprehensive plan amendment, pursuant to part II 340 of chapter 163, for the receiving land that incorporates the 341 density bonus. Such amendment must shall be adopted in the 342 manner as required for small-scale amendments pursuant to s. 343 163.3187 and is not subject to the requirements of s. 344 163.3184(4)(b), (c), or (e) s. 163.3184(4)(b)-(d). 345 Section 4.This act shall take effect July 1, 2023.