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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 the Everglades Protection Area; 2
amending s. 163.3184, F.S.; requiring proposed 3
comprehensive plans and plan amendments that apply to 4
certain lands within or near the Everglades Protection 5
Area to follow the state coordinated review process; 6
providing duties of the Department of Environmental 7
Protection relating to such plans and plan amendments; 8
providing a condition for the adoption of such pl ans 9
and plan amendments upon a certain determination by 10
the department; requiring local governments to 11
transmit certain comprehensive plan amendments to the 12
department within a specified timeframe; revising the 13
scope of the state land planning agency's com pliance 14
determination relating to such plans and plan 15
amendments; amending s. 163.3187, F.S.; providing an 16
additional condition for the adoption of site -specific 17
text changes for small scale future land use map 18
amendments; requiring local governments whose 19
boundaries include any portion of the Everglades 20
Protection Area to transmit a copy of adopted small 21
scale development amendments to the state land 22
planning agency within a specified timeframe; amending 23
s. 420.615, F.S.; conforming a cross -reference; 24
providing an effective date. 25
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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
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Paragraph (a) of subsection (2), paragraph (a) 29
of subsection (3), subsection (4), paragraph (b) of subsection 30
(5), and paragraph (a) of subsection (11) of section 163.3184, 31
Florida Statutes, are amended, and paragraph (d) is added to 32
subsection (2) of that section, to read: 33
163.3184 Process for adoption of comprehensive plan or 34
plan amendment.— 35
(2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS. — 36
(a) Plan amendments adopted by local governments shall 37
follow the expedited state review process in subsection (3), 38
except as set forth in paragraphs (b), (c), and (d) (b) and (c). 39
(d) Proposed plans and plan amendments that apply to any 40
land within, or within 2 miles of, the Everglades Protection 41
Area as defined in s. 373.4592(2) must follow the state 42
coordinated review process in subsection (4). 43
(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 44
COMPREHENSIVE PLAN AMENDMENTS. — 45
(a) The process for amending a comprehensive plan 46
described in this subsection shall apply to all amendments 47
except as provided in paragraphs (2)(b), (c), and (d) (2)(b) and 48
(c) and shall be applicable statewide. 49
(4) STATE COORDINATED REVIEW PROCESS. — 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
(a) Coordination.—The state land planning agency shall 51
only use the state coordinated review process described in this 52
subsection for review of comprehensive plans and plan amendments 53
described in paragraphs (2)(c) and (d) paragraph (2)(c). Each 54
comprehensive plan or plan amendment prop osed to be adopted 55
pursuant to this subsection shall be transmitted, adopted, and 56
reviewed in the manner prescribed in this subsection. The state 57
land planning agency shall have responsibility for plan review, 58
coordination, and the preparation and transmis sion of comments, 59
pursuant to this subsection, to the local governing body 60
responsible for the comprehensive plan or plan amendment. 61
(b) Local government transmittal of proposed plan or 62
amendment.—Each local governing body proposing a plan or plan 63
amendment specified in paragraph (2)(c) or paragraph (2)(d) 64
shall transmit the complete proposed comprehensive plan or plan 65
amendment to the reviewing agencies within 10 working days after 66
the first public hearing pursuant to subsection (11). The 67
transmitted document shall clearly indicate on the cover sheet 68
that this plan amendment is subject to the state coordinated 69
review process of this subsection. The local governing body 70
shall also transmit a copy of the complete proposed 71
comprehensive plan or plan amendmen t to any other unit of local 72
government or government agency in the state that has filed a 73
written request with the governing body for the plan or plan 74
amendment. 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
(c) Reviewing agency comments. —Except as provided in 76
paragraph (d), the agencies specified in paragraph (b) may 77
provide comments regarding the plan or plan amendments in 78
accordance with subparagraphs (3)(b)2. -4. However, comments on 79
plans or plan amendments required to be reviewed under the state 80
coordinated review process shall be sent to the s tate land 81
planning agency within 30 days after receipt by the state land 82
planning agency of the complete proposed plan or plan amendment 83
from the local government. If the state land planning agency 84
comments on a plan or plan amendment adopted under the sta te 85
coordinated review process, it shall provide comments according 86
to paragraph (e) (d). Any other unit of local government or 87
government agency specified in paragraph (b) may provide 88
comments to the state land planning agency in accordance with 89
subparagraphs (3)(b)2.-4. within 30 days after receipt by the 90
state land planning agency of the complete proposed plan or plan 91
amendment. Written comments submitted by the public shall be 92
sent directly to the local government. 93
(d) Everglades Protection Area determinations. —A proposed 94
plan or plan amendment that applies to any land within, or 95
within 2 miles of, the Everglades Protection Area as defined in 96
s. 373.4592(2) must be reviewed pursuant to this paragraph by 97
the Department of Environmental Protection. The department shall 98
determine whether the proposed plan or plan amendment, or any 99
portion thereof, adversely impacts the Everglades Protection 100
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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
Area or the Everglades restoration and protection objectives 101
identified in s. 373.459 2. The department shall issue a written 102
determination to the state land planning agency and the local 103
government within 30 days after receipt of the proposed plan or 104
plan amendment. The determination must identify any adverse 105
impacts and may be provided as part of the agency's comments 106
pursuant to paragraph (c). Before the adoption of the proposed 107
plan or plan amendment, the department shall work in 108
coordination with the state land planning agency and the local 109
government to identify any planning strategies or measures that 110
the local government could include in the proposed plan or plan 111
amendment to eliminate or mitigate any adverse impacts to the 112
Everglades Protection Area or the Everglades restoration and 113
protection objectives identified in s. 373.4592. If the 114
department determines that any portion of the proposed plan or 115
plan amendment will adversely impact the Everglades Protection 116
Area or the Everglades restoration and protection objectives 117
identified in s. 373.4592, the local government must modify that 118
portion of the proposed plan or plan amendment to include 119
planning strategies or measures to eliminate or mitigate such 120
adverse impacts before adopting the proposed plan or plan 121
amendment or that portion of the proposed plan or plan amendment 122
may not be adopted. 123
(e) State land planning agency review. — 124
1. If the state land planning agency elects to review a 125
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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
plan or plan amendment specified in paragraph (2)(c) or 126
paragraph (2)(d), the agency shall issue a report giving its 127
objections, recommendations, an d comments regarding the proposed 128
plan or plan amendment within 60 days after receipt of the 129
proposed plan or plan amendment. Notwithstanding the limitation 130
on comments in sub-subparagraph (3)(b)4.g., the state land 131
planning agency may make objections, rec ommendations, and 132
comments in its report regarding whether the plan or plan 133
amendment is in compliance and whether the plan or plan 134
amendment will adversely impact important state resources and 135
facilities. Any objection regarding an important state resourc e 136
or facility that will be adversely impacted by the adopted plan 137
or plan amendment must shall also state with specificity how the 138
plan or plan amendment will adversely impact the important state 139
resource or facility and must shall identify measures the lo cal 140
government may take to eliminate, reduce, or mitigate the 141
adverse impacts. When a federal, state, or regional agency has 142
implemented a permitting program, a local government is not 143
required to duplicate or exceed that permitting program in its 144
comprehensive plan or to implement such a permitting program in 145
its land development regulations. This subparagraph does not 146
prohibit the state land planning agency in conducting its review 147
of local plans or plan amendments from making objections, 148
recommendations, and comments regarding densities and 149
intensities consistent with this part. In preparing its 150
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comments, the state land planning agency shall only base its 151
considerations on written, and not oral, comments. 152
2. The state land planning agency review shall i dentify 153
all written communications with the agency regarding the 154
proposed plan amendment. The written identification must include 155
a list of all documents received or generated by the agency, 156
which list must be of sufficient specificity to enable the 157
documents to be identified and copies requested, if desired, and 158
the name of the person to be contacted to request copies of any 159
identified document. 160
(f)(e) Local government review of comments; adoption of 161
plan or amendments and transmittal. — 162
1. The local government shall review the report submitted 163
to it by the state land planning agency, if any, and written 164
comments submitted to it by any other person, agency, or 165
government. The local government, upon receipt of the report 166
from the state land planning agenc y, shall hold a its second 167
public hearing, which shall be a hearing to determine whether to 168
adopt the comprehensive plan or one or more comprehensive plan 169
amendments pursuant to subsection (11). If the local government 170
fails to hold the second hearing within 180 days after receipt 171
of the state land planning agency's repor t, the amendments must 172
shall be deemed withdrawn unless extended by agreement with 173
notice to the state land planning agency and any affected person 174
that provided comments on the amendment. The 180 -day limitation 175
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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
does not apply to amendments processed pursu ant to s. 380.06. 176
2. The local government shall transmit all adopted 177
comprehensive plan amendments adopted by the governing body , 178
along with the supporting data and analysis, shall be 179
transmitted within 10 working days after the second public 180
hearing to the state land planning agency and any other agency 181
or local government that provided timely comments under 182
paragraph (c). Adopted comprehensive plan amendments that apply 183
to any land within, or within 2 miles of, the Everglades 184
Protection Area as defined in s. 373.4592(2) must also be 185
transmitted within 10 working days after the second public 186
hearing to the Department of Environmental Protection. 187
3. The state land planning agency shall notify the local 188
government of any deficiencies within 5 working days after 189
receipt of a plan or plan amendment package. For purposes of 190
completeness, a plan or plan amendment must shall be deemed 191
complete if it contains a full, executed copy of the adoption 192
ordinance or ordinances; in the case of a text amendment, a full 193
copy of the amended language in legislative format with new 194
words inserted in the text underlined, and words deleted 195
stricken with hyphens; in the case of a future land use map 196
amendment, a copy of the future land use map clearly depicting 197
the parcel, its existing future land use designation, and its 198
adopted designation; and a copy of any data and analyses the 199
local government deems appropriate. 200
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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
4. After the state land planning agency makes a 201
determination of completeness regarding the adopted plan or plan 202
amendment, the state land planning agency shall have 45 days to 203
determine if the plan or plan amendment is in compliance with 204
this act. Unless the plan or plan amendment is substantially 205
changed from the one commented on, the state land planning 206
agency's compliance determination shall be limited to objections 207
raised in the objections, recommendations, and comments report 208
and the review of planning strategies or measures adopted 209
pursuant to paragraph (d) . During the period provided for in 210
this subparagraph, the state land planning agency shall issue, 211
through a senior administrator or the secretary, a notice of 212
intent to find that the plan or plan amendment is in compliance 213
or not in compliance. The state land planning agency shall post 214
a copy of the notice o f intent on the agency's Internet website. 215
Publication by the state land planning agency of the notice of 216
intent on the state land planning agency's Internet site shall 217
be prima facie evidence of compliance with the publication 218
requirements of this subpara graph. 219
5. A plan or plan amendment adopted under the state 220
coordinated review process shall go into effect pursuant to the 221
state land planning agency's notice of intent. If timely 222
challenged, an amendment does not become effective until the 223
state land planning agency or the Administration Commission 224
enters a final order determining the adopted amendment to be in 225
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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
compliance. 226
(5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 227
AMENDMENTS.— 228
(b) The state land planning agency may file a petition 229
with the Division of Administrative Hearings pursuant to ss. 230
120.569 and 120.57, with a copy served on the affected local 231
government, to request a formal hearing to challenge whether the 232
plan or plan amendment is in compliance as defined in paragraph 233
(1)(b). The state land planning agency's petition must clearly 234
state the reasons for the challenge. Under the expedited state 235
review process, this petition must be filed with the division 236
within 30 days after the state land planning agency notifies the 237
local government that the plan amendment package is complete 238
according to subparagraph (3)(c)3. Under the state coordinated 239
review process, this petition must be filed with the division 240
within 45 days after the state land planning agency notifies the 241
local government that the plan amendment package is complete 242
according to subparagraph (4)(f)3. (4)(e)3. 243
1. The state land planning agency's challenge to plan 244
amendments adopted under the expedited state review process 245
shall be limited to the comments provided by the reviewing 246
agencies pursuant to subparagraphs (3)(b)2. -4., upon a 247
determination by the state land planning agency that an 248
important state resource or facility will be adversely impacted 249
by the adopted plan amendment. The state land planning agency's 250
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petition must shall state with specificity how the plan 251
amendment will adversely impact the important state resource or 252
facility. The state land planning agency may challenge a plan 253
amendment that has substantially changed from the version on 254
which the agencies provided comm ents but only upon a 255
determination by the state land planning agency that an 256
important state resource or facility will be adversely impacted. 257
2. If the state land planning agency issues a notice of 258
intent to find the comprehensive plan or plan amendment not in 259
compliance with this act, the notice of intent shall be 260
forwarded to the Division of Administrative Hearings of the 261
Department of Management Services, which shall conduct a 262
proceeding under ss. 120.569 and 120.57 in the county of and 263
convenient to the affected local jurisdiction. The parties to 264
the proceeding shall be the state land planning agency, the 265
affected local government, and any affected person who 266
intervenes. A No new issue may not be alleged as a reason to 267
find a plan or plan amendment not in compliance in an 268
administrative pleading filed more than 21 days after 269
publication of notice unless the party seeking that issue 270
establishes good cause for not alleging the issue within that 271
time period. Good cause does not include excusable neglect. 272
(11) PUBLIC HEARINGS. — 273
(a) The procedure for transmittal of a complete proposed 274
comprehensive plan or plan amendment pursuant to subparagraph 275
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(3)(b)1. and paragraph (4)(b) and for adoption of a 276
comprehensive plan or plan amendment pursuant to subparagra phs 277
(3)(c)1. and (4)(f)1. (4)(e)1. shall be by affirmative vote of 278
not less than a majority of the members of the governing body 279
present at the hearing. The adoption of a comprehensive plan or 280
plan amendment shall be by ordinance. For the purposes of 281
transmitting or adopting a comprehensive plan or plan amendment, 282
the notice requirements in chapters 125 and 166 are superseded 283
by this subsection, except as provided in this part. 284
Section 2. Subsections (1) and (2) of section 163.3187, 285
Florida Statutes, ar e amended to read: 286
163.3187 Process for adoption of small scale comprehensive 287
plan amendment.— 288
(1) A small scale development amendment may be adopted if 289
all of under the following conditions are met: 290
(a) The proposed amendment involves a use of 50 ac res or 291
fewer. and: 292
(b) The proposed amendment does not involve a text change 293
to the goals, policies, and objectives of the local government's 294
comprehensive plan, but only proposes a land use change to the 295
future land use map for a site -specific small scale development 296
activity. However, site-specific text changes that relate 297
directly to, and are adopted simultaneously with, the small 298
scale future land use map amendment are shall be permissible 299
under this section. 300
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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
(c) The property that is the subject of the proposed 301
amendment is not located within an area of critical state 302
concern, unless the project subject to the proposed amendment 303
involves the construction of affordable housing units meeting 304
the criteria of s. 420.0004(3), and is located within an area of 305
critical state concern designated by s. 380.0552 or by the 306
Administration Commission pursuant to s. 380.05(1). 307
(d) The property that is the subject of the proposed 308
amendment is not located in whole or in part within, or within 2 309
miles of, the Evergla des Protection Area as defined in s. 310
373.4592(2). 311
(2) Small scale development amendments adopted pursuant to 312
this section require only one public hearing before the 313
governing board, which shall be an adoption hearing as described 314
in s. 163.3184(11). Within 10 days after the adoption of a small 315
scale development amendment, a county whose boundaries include 316
any portion of the Everglades Protection Area designated under 317
s. 373.4592, and the municipalities within the county, shall 318
transmit a copy of the amend ment to the state land planning 319
agency for recordkeeping purposes. 320
Section 3. Subsection (5) of section 420.615, Florida 321
Statutes, is amended to read: 322
420.615 Affordable housing land donation density bonus 323
incentives.— 324
(5) The local government, as part of the approval process, 325
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shall adopt a comprehensive plan amendment, pursuant to part II 326
of chapter 163, for the receiving land that incorporates the 327
density bonus. Such amendment shall be adopted in the manner as 328
required for small-scale amendments pursuant to s. 163.3187 and 329
is not subject to the requirements of s. 163.3184(4)(b), (c), or 330
(e) s. 163.3184(4)(b)-(d). 331
Section 4. This act shall take effect July 1, 2024. 332