Florida Senate - 2024 SB 1364 By Senator Calatayud 38-01172A-24 20241364__ 1 A bill to be entitled 2 An act relating to the Everglades Protection Area; 3 amending s. 163.3184, F.S.; requiring that proposed 4 plans and plan amendments that apply to certain lands 5 within or near the Everglades Protection Area follow 6 the state coordinated review process; conforming 7 provisions to changes made by the act; authorizing 8 local governments to consider an application for a 9 development permit or development order contingent 10 upon adoption of such plans and amendments; providing 11 duties of the Department of Environmental Protection 12 relating to such plans and plan amendments; providing 13 a condition for the adoption of such plans and plan 14 amendments upon a certain determination by the 15 department; specifying a requirement for the 16 transmittal of certain comprehensive plan amendments 17 to the department; making technical changes; providing 18 construction; amending s. 163.3187, F.S.; authorizing 19 site-specific text changes for small-scale future land 20 use map amendments; prohibiting the adoption of small 21 scale development amendments for properties located 22 within or near the Everglades Protection Area; 23 requiring local governments whose boundaries include 24 any portion of the Everglades Protection Area to 25 transmit copies of adopted small-scale development 26 amendments to the state land planning agency within a 27 specified timeframe; making technical changes; 28 providing construction; amending s. 420.615, F.S.; 29 conforming a cross-reference; providing an effective 30 date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1.Paragraph (a) of subsection (2), paragraph (a) 35 of subsection (3), subsection (4), paragraph (b) of subsection 36 (5), and paragraph (a) of subsection (11) of section 163.3184, 37 Florida Statutes, are amended, and paragraph (d) is added to 38 subsection (2) and subsection (14) is added to that section, to 39 read: 40 163.3184Process for adoption of comprehensive plan or plan 41 amendment. 42 (2)COMPREHENSIVE PLANS AND PLAN AMENDMENTS. 43 (a)Plan amendments adopted by local governments must shall 44 follow the expedited state review process in subsection (3), 45 except as set forth in paragraphs (b), and (c), and (d). 46 (d)Proposed plans and plan amendments by a county as 47 defined in s. 125.011(1) or any municipality located therein 48 which apply to land within, or within 2 miles of, the Everglades 49 Protection Area as defined in s. 373.4592(2), such as lands 50 within Miami-Dade, Broward, or Monroe County, must follow the 51 state coordinated review process as provided 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), and (c), and (d) and is shall 57 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) 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 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.The agencies specified in 85 paragraph (b) may provide comments regarding the plan or plan 86 amendments in accordance with subparagraphs (3)(b)2.-4. However, 87 comments on plans or plan amendments required to be reviewed 88 under the state coordinated review process must shall be sent to 89 the state land planning agency within 30 days after receipt by 90 the state land planning agency of the complete proposed plan or 91 plan amendment from the local government. If the state land 92 planning agency comments on a plan or plan amendment adopted 93 under the state coordinated review process, it must shall 94 provide comments according to paragraph (e) (d). Any other unit 95 of local government or government agency specified in paragraph 96 (b) may provide comments to the state land planning agency in 97 accordance with subparagraphs (3)(b)2.-4. within 30 days after 98 receipt by the state land planning agency of the complete 99 proposed plan or plan amendment. Written comments submitted by 100 the public must shall be sent directly to the local government. 101 (d)Everglades Protection Area determinations.A proposed 102 plan or plan amendment that applies to any land within, or 103 within 2 miles of, the Everglades Protection Area as defined in 104 s. 373.4592(2) must be reviewed pursuant to this paragraph by 105 the Department of Environmental Protection. The department shall 106 determine whether the proposed plan or plan amendment, or any 107 portion thereof, adversely impacts the Everglades Protection 108 Area or the Everglades restoration and protection objectives 109 identified in s. 373.4592. The department shall issue a written 110 determination to the state land planning agency and the local 111 government within 30 days after receipt of the proposed plan or 112 plan amendment. The determination must identify any adverse 113 impacts and may be provided as part of the agencys comments 114 pursuant to paragraph (c). Before the adoption of the proposed 115 plan or plan amendment, the department shall work in 116 coordination with the state land planning agency and the local 117 government to identify any planning strategies or measures that 118 the local government could include in the proposed plan or plan 119 amendment to eliminate or mitigate any adverse impacts to the 120 Everglades Protection Area or the Everglades restoration and 121 protection objectives identified in s. 373.4592. If the 122 department determines that any portion of the proposed plan or 123 plan amendment will adversely impact the Everglades Protection 124 Area or the Everglades restoration and protection objectives 125 identified in s. 373.4592, the local government must modify that 126 portion of the proposed plan or plan amendment to include 127 planning strategies or measures to eliminate or mitigate such 128 adverse impacts before adopting the proposed plan or plan 129 amendment or that portion of the proposed plan or plan amendment 130 may not be adopted. 131 (e)State land planning agency review. 132 1.If the state land planning agency elects to review a 133 plan or plan amendment specified in paragraph (2)(c), the agency 134 shall issue a report giving its objections, recommendations, and 135 comments regarding the proposed plan or plan amendment within 60 136 days after receipt of the proposed plan or plan amendment. 137 Notwithstanding the limitation on comments in sub-subparagraph 138 (3)(b)4.g., the state land planning agency may make objections, 139 recommendations, and comments in its report regarding whether 140 the plan or plan amendment is in compliance and whether the plan 141 or plan amendment will adversely impact important state 142 resources and facilities. Any objection regarding an important 143 state resource or facility that will be adversely impacted by 144 the adopted plan or plan amendment shall also state with 145 specificity how the plan or plan amendment will adversely impact 146 the important state resource or facility and shall identify 147 measures the local government may take to eliminate, reduce, or 148 mitigate the adverse impacts. When a federal, state, or regional 149 agency has implemented a permitting program, a local government 150 is not required to duplicate or exceed that permitting program 151 in its comprehensive plan or to implement such a permitting 152 program in its land development regulations. This subparagraph 153 does not prohibit the state land planning agency in conducting 154 its review of local plans or plan amendments from making 155 objections, recommendations, and comments regarding densities 156 and intensities consistent with this part. In preparing its 157 comments, the state land planning agency shall only base its 158 considerations on written, and not oral, comments. 159 2.The state land planning agency review shall identify all 160 written communications with the agency regarding the proposed 161 plan amendment. The written identification must include a list 162 of all documents received or generated by the agency, which list 163 must be of sufficient specificity to enable the documents to be 164 identified and copies requested, if desired, and the name of the 165 person to be contacted to request copies of any identified 166 document. 167 (f)(e)Local government review of comments; adoption of 168 plan or amendments and transmittal. 169 1.The local government shall review the report submitted 170 to it by the state land planning agency, if any, and written 171 comments submitted to it by any other person, agency, or 172 government. The local government, upon receipt of the report 173 from the state land planning agency, shall hold a its second 174 public hearing, which shall be a hearing to determine whether to 175 adopt the comprehensive plan or one or more comprehensive plan 176 amendments pursuant to subsection (11). If the local government 177 fails to hold the second hearing within 180 days after receipt 178 of the state land planning agencys report, the amendments are 179 shall be deemed withdrawn unless extended by agreement with 180 notice to the state land planning agency and any affected person 181 who that provided comments on the amendment. The 180-day 182 limitation does not apply to amendments processed pursuant to s. 183 380.06. 184 2.All comprehensive plan amendments adopted by the 185 governing body, along with the supporting data and analysis, 186 must shall be transmitted within 10 working days after the 187 second public hearing to the state land planning agency and any 188 other agency or local government that provided timely comments 189 under paragraph (c). Comprehensive plan amendments by a county 190 as defined in s. 125.011(1) or any municipality located therein 191 which apply to land within, or within 2 miles of, the Everglades 192 Protection Area as defined in s. 373.4592(2), such as lands 193 within Miami-Dade, Broward, or Monroe County, must also be 194 transmitted within 10 working days after the second public 195 hearing to the Department of Environmental Protection. 196 3.The state land planning agency shall notify the local 197 government of any deficiencies within 5 working days after 198 receipt of a plan or plan amendment package. For purposes of 199 completeness, a plan or plan amendment is shall be deemed 200 complete if it contains a full, executed copy of the adoption 201 ordinance or ordinances; in the case of a text amendment, a full 202 copy of the amended language in legislative format with new 203 words inserted in the text underlined, and words deleted 204 stricken with hyphens; in the case of a future land use map 205 amendment, a copy of the future land use map clearly depicting 206 the parcel, its existing future land use designation, and its 207 adopted designation; and a copy of any data and analyses the 208 local government deems appropriate. 209 4.After the state land planning agency makes a 210 determination of completeness regarding the adopted plan or plan 211 amendment, the state land planning agency has shall have 45 days 212 to determine if the plan or plan amendment is in compliance with 213 this act. Unless the plan or plan amendment is substantially 214 changed from the one commented on, the state land planning 215 agencys compliance determination is shall be limited to 216 objections raised in the objections, recommendations, and 217 comments report. During the period provided for in this 218 subparagraph, the state land planning agency shall issue, 219 through a senior administrator or the secretary, a notice of 220 intent to find that the plan or plan amendment is in compliance 221 or not in compliance. The state land planning agency shall post 222 a copy of the notice of intent on the agencys Internet website. 223 Publication by the state land planning agency of the notice of 224 intent on the state land planning agencys website is Internet 225 site shall be prima facie evidence of compliance with the 226 publication requirements of this subparagraph. 227 5.A plan or plan amendment adopted under the state 228 coordinated review process must shall go into effect pursuant to 229 the state land planning agencys notice of intent. If timely 230 challenged, an amendment does not become effective until the 231 state land planning agency or the Administration Commission 232 enters a final order determining the adopted amendment to be in 233 compliance. 234 (5)ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 235 AMENDMENTS. 236 (b)The state land planning agency may file a petition with 237 the Division of Administrative Hearings pursuant to ss. 120.569 238 and 120.57, with a copy served on the affected local government, 239 to request a formal hearing to challenge whether the plan or 240 plan amendment is in compliance as defined in paragraph (1)(b). 241 The state land planning agencys petition must clearly state the 242 reasons for the challenge. Under the expedited state review 243 process, this petition must be filed with the division within 30 244 days after the state land planning agency notifies the local 245 government that the plan amendment package is complete according 246 to subparagraph (3)(c)3. Under the state coordinated review 247 process, this petition must be filed with the division within 45 248 days after the state land planning agency notifies the local 249 government that the plan amendment package is complete according 250 to subparagraph (4)(f)3. (4)(e)3. 251 1.The state land planning agencys challenge to plan 252 amendments adopted under the expedited state review process is 253 shall be limited to the comments provided by the reviewing 254 agencies pursuant to subparagraphs (3)(b)2.-4., upon a 255 determination by the state land planning agency that an 256 important state resource or facility will be adversely impacted 257 by the adopted plan amendment. The state land planning agencys 258 petition must shall state with specificity how the plan 259 amendment will adversely impact the important state resource or 260 facility. The state land planning agency may challenge a plan 261 amendment that has substantially changed from the version on 262 which the agencies provided comments but only upon a 263 determination by the state land planning agency that an 264 important state resource or facility will be adversely impacted. 265 2.If the state land planning agency issues a notice of 266 intent to find the comprehensive plan or plan amendment not in 267 compliance with this act, the notice of intent must shall be 268 forwarded to the Division of Administrative Hearings of the 269 Department of Management Services, which shall conduct a 270 proceeding under ss. 120.569 and 120.57 in the county of and 271 convenient to the affected local jurisdiction. The parties to 272 the proceeding must shall be the state land planning agency, the 273 affected local government, and any affected person who 274 intervenes. A No new issue may not be alleged as a reason to 275 find a plan or plan amendment not in compliance in an 276 administrative pleading filed more than 21 days after 277 publication of notice unless the party seeking that issue 278 establishes good cause for not alleging the issue within that 279 time period. Good cause does not include excusable neglect. 280 (11)PUBLIC HEARINGS. 281 (a)The procedure for transmittal of a complete proposed 282 comprehensive plan or plan amendment pursuant to subparagraph 283 (3)(b)1. and paragraph (4)(b) and for adoption of a 284 comprehensive plan or plan amendment pursuant to subparagraphs 285 (3)(c)1. and (4)(e)1. is shall be by affirmative vote of not 286 less than a majority of the members of the governing body 287 present at the hearing. The adoption of a comprehensive plan or 288 plan amendment is shall be by ordinance. For the purposes of 289 transmitting or adopting a comprehensive plan or plan amendment, 290 the notice requirements in chapters 125 and 166 are superseded 291 by this subsection, except as provided in this part. 292 (14)This act may not be construed to limit the rights and 293 protections granted by s. 823.14. 294 Section 2.Subsections (1), (2), (3), and (5) of section 295 163.3187, Florida Statutes, are amended, and subsection (6) is 296 added to that section, to read: 297 163.3187Process for adoption of small-scale small scale 298 comprehensive plan amendment. 299 (1)A small-scale small scale development amendment may be 300 adopted if all of under the following conditions are met: 301 (a)The proposed amendment involves a use of 50 acres or 302 fewer. and: 303 (b)The proposed amendment does not involve a text change 304 to the goals, policies, and objectives of the local governments 305 comprehensive plan, but only proposes a land use change to the 306 future land use map for a site-specific small-scale small scale 307 development activity. However, site-specific text changes that 308 relate directly to, and are adopted simultaneously with, the 309 small-scale small scale future land use map amendment are shall 310 be permissible under this section. 311 (c)The property that is the subject of the proposed 312 amendment is not located within an area of critical state 313 concern, unless the project subject to the proposed amendment 314 involves the construction of affordable housing units meeting 315 the criteria of s. 420.0004(3), and is located within an area of 316 critical state concern designated by s. 380.0552 or by the 317 Administration Commission pursuant to s. 380.05(1). 318 (d)The property located in Miami-Dade, Broward, or Monroe 319 County which is the subject of the proposed amendment by a 320 county as defined in s. 125.011(1) or any municipality located 321 therein 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 by a county whose 329 boundaries include any portion of the Everglades Protection Area 330 as defined in s. 373.4592(2), a county and the municipalities 331 within that county shall transmit a copy of the amendment to the 332 state land planning agency for recordkeeping purposes. 333 (3)If the small-scale small scale development amendment 334 involves a site within a rural area of opportunity as defined 335 under s. 288.0656(2)(d) for the duration of such designation, 336 the acreage limit listed in subsection (1) shall be increased by 337 100 percent. The local government approving the small-scale 338 small scale plan amendment shall certify to the state land 339 planning agency that the plan amendment furthers the economic 340 objectives set forth in the executive order issued under s. 341 288.0656(7), and the property subject to the plan amendment 342 shall undergo public review to ensure that all concurrency 343 requirements and federal, state, and local environmental permit 344 requirements are met. 345 (5)(a)Any affected person may file a petition with the 346 Division of Administrative Hearings pursuant to ss. 120.569 and 347 120.57 to request a hearing to challenge the compliance of a 348 small-scale small scale development amendment with this act 349 within 30 days following the local governments adoption of the 350 amendment and shall serve a copy of the petition on the local 351 government. An administrative law judge shall hold a hearing in 352 the affected jurisdiction not less than 30 days nor more than 60 353 days following the filing of a petition and the assignment of an 354 administrative law judge. The parties to a hearing held pursuant 355 to this subsection shall be the petitioner, the local 356 government, and any intervenor. In the proceeding, the plan 357 amendment shall be determined to be in compliance if the local 358 governments determination that the small-scale small scale 359 development amendment is in compliance is fairly debatable. The 360 state land planning agency may not intervene in any proceeding 361 initiated pursuant to this section. The prevailing party in a 362 challenge filed under this paragraph is entitled to recover 363 attorney fees and costs in challenging or defending the order, 364 including reasonable appellate attorney fees and costs. 365 (b)1.If the administrative law judge recommends that the 366 small-scale small scale development amendment be found not in 367 compliance, the administrative law judge shall submit the 368 recommended order to the Administration Commission for final 369 agency action. If the administrative law judge recommends that 370 the small-scale small scale development amendment be found in 371 compliance, the administrative law judge shall submit the 372 recommended order to the state land planning agency. 373 2.If the state land planning agency determines that the 374 plan amendment is not in compliance, the agency shall submit, 375 within 30 days following its receipt, the recommended order to 376 the Administration Commission for final agency action. If the 377 state land planning agency determines that the plan amendment is 378 in compliance, the agency shall enter a final order within 30 379 days following its receipt of the recommended order. 380 (c)Small-scale small scale development amendments may not 381 become effective until 31 days after adoption. If challenged 382 within 30 days after adoption, small-scale small scale 383 development amendments may not become effective until the state 384 land planning agency or the Administration Commission, 385 respectively, issues a final order determining that the adopted 386 small-scale small scale development amendment is in compliance. 387 (d)In all challenges under this subsection, when a 388 determination of compliance as defined in s. 163.3184(1)(b) is 389 made, consideration shall be given to the plan amendment as a 390 whole and whether the plan amendment furthers the intent of this 391 part. 392 (6)This section may not be construed to limit the rights 393 and protections granted by s. 823.14. 394 Section 3.Subsection (5) of section 420.615, Florida 395 Statutes, is amended to read: 396 420.615Affordable housing land donation density bonus 397 incentives. 398 (5)The local government, as part of the approval process, 399 shall adopt a comprehensive plan amendment, pursuant to part II 400 of chapter 163, for the receiving land that incorporates the 401 density bonus. Such amendment shall be adopted in the manner as 402 required for small-scale amendments pursuant to s. 163.3187 and 403 is not subject to the requirements of s. 163.3184(4)(b), (c), or 404 (e) s. 163.3184(4)(b)-(d). 405 Section 4.This act shall take effect July 1, 2024.