Florida Senate - 2024 CS for SB 1364 By the Committee on Agriculture; and Senator Calatayud 575-02964-24 20241364c1 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 defined in 47 s. 125.011(1) or any municipality located therein which apply to 48 land within, or within 2 miles of, the Everglades Protection 49 Area as defined in s. 373.4592(2) must follow the state 50 coordinated review process as provided in subsection (4). 51 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 52 COMPREHENSIVE PLAN AMENDMENTS. 53 (a)The process for amending a comprehensive plan described 54 in this subsection applies shall apply to all amendments except 55 as provided in paragraphs (2)(b), and (c), and (d) and is shall 56 be applicable statewide. 57 (4)STATE COORDINATED REVIEW PROCESS. 58 (a)Coordination.The state land planning agency shall only 59 use the state coordinated review process described in this 60 subsection for review of comprehensive plans and plan amendments 61 described in paragraphs (2)(c) and (d) paragraph (2)(c). Each 62 comprehensive plan or plan amendment proposed to be adopted 63 pursuant to this subsection must shall be transmitted, adopted, 64 and reviewed in the manner prescribed in this subsection. The 65 state land planning agency shall have responsibility for plan 66 review, coordination, and the preparation and transmission of 67 comments, pursuant to this subsection, to the local governing 68 body responsible for the comprehensive plan or plan amendment. 69 (b)Local government transmittal of proposed plan or 70 amendment.Each local governing body proposing a plan or plan 71 amendment specified in paragraph (2)(c) or paragraph (2)(d) 72 shall transmit the complete proposed comprehensive plan or plan 73 amendment to the reviewing agencies within 10 working days after 74 the first public hearing pursuant to subsection (11). The 75 transmitted document must shall clearly indicate on the cover 76 sheet that this plan amendment is subject to the state 77 coordinated review process of this subsection. The local 78 governing body shall also transmit a copy of the complete 79 proposed comprehensive plan or plan amendment to any other unit 80 of local government or government agency in the state that has 81 filed a written request with the governing body for the plan or 82 plan amendment. 83 (c)Reviewing agency comments.The agencies specified in 84 paragraph (b) may provide comments regarding the plan or plan 85 amendments in accordance with subparagraphs (3)(b)2.-4. However, 86 comments on plans or plan amendments required to be reviewed 87 under the state coordinated review process must shall be sent to 88 the state land planning agency within 30 days after receipt by 89 the state land planning agency of the complete proposed plan or 90 plan amendment from the local government. If the state land 91 planning agency comments on a plan or plan amendment adopted 92 under the state coordinated review process, it must shall 93 provide comments according to paragraph (e) (d). Any other unit 94 of local government or government agency specified in paragraph 95 (b) may provide comments to the state land planning agency in 96 accordance with subparagraphs (3)(b)2.-4. within 30 days after 97 receipt by the state land planning agency of the complete 98 proposed plan or plan amendment. Written comments submitted by 99 the public must shall be sent directly to the local government. 100 (d)Everglades Protection Area determinations.A proposed 101 plan or plan amendment by a county as defined in s. 125.011(1) 102 or any municipality located therein which applies to any land 103 within, or within 2 miles of, the Everglades Protection Area as 104 defined in s. 373.4592(2) must be reviewed pursuant to this 105 paragraph by the Department of Environmental Protection. The 106 department shall determine whether the proposed plan or plan 107 amendment, or any portion thereof, adversely impacts the 108 Everglades Protection Area or the Everglades restoration and 109 protection objectives identified in s. 373.4592. The department 110 shall issue a written determination to the state land planning 111 agency and the local government within 30 days after receipt of 112 the proposed plan or plan amendment. The determination must 113 identify any adverse impacts and may be provided as part of the 114 agencys comments pursuant to paragraph (c). Before the adoption 115 of the proposed plan or plan amendment, the department shall 116 work in coordination with the state land planning agency and the 117 local government to identify any planning strategies or measures 118 that the local government could include in the proposed plan or 119 plan amendment to eliminate or mitigate any adverse impacts to 120 the 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) must also be 193 transmitted within 10 working days after the second public 194 hearing to the Department of Environmental Protection. 195 3.The state land planning agency shall notify the local 196 government of any deficiencies within 5 working days after 197 receipt of a plan or plan amendment package. For purposes of 198 completeness, a plan or plan amendment is shall be deemed 199 complete if it contains a full, executed copy of the adoption 200 ordinance or ordinances; in the case of a text amendment, a full 201 copy of the amended language in legislative format with new 202 words inserted in the text underlined, and words deleted 203 stricken with hyphens; in the case of a future land use map 204 amendment, a copy of the future land use map clearly depicting 205 the parcel, its existing future land use designation, and its 206 adopted designation; and a copy of any data and analyses the 207 local government deems appropriate. 208 4.After the state land planning agency makes a 209 determination of completeness regarding the adopted plan or plan 210 amendment, the state land planning agency has shall have 45 days 211 to determine if the plan or plan amendment is in compliance with 212 this act. Unless the plan or plan amendment is substantially 213 changed from the one commented on, the state land planning 214 agencys compliance determination is shall be limited to 215 objections raised in the objections, recommendations, and 216 comments report. During the period provided for in this 217 subparagraph, the state land planning agency shall issue, 218 through a senior administrator or the secretary, a notice of 219 intent to find that the plan or plan amendment is in compliance 220 or not in compliance. The state land planning agency shall post 221 a copy of the notice of intent on the agencys Internet website. 222 Publication by the state land planning agency of the notice of 223 intent on the state land planning agencys website is Internet 224 site shall be prima facie evidence of compliance with the 225 publication requirements of this subparagraph. 226 5.A plan or plan amendment adopted under the state 227 coordinated review process must shall go into effect pursuant to 228 the state land planning agencys notice of intent. If timely 229 challenged, an amendment does not become effective until the 230 state land planning agency or the Administration Commission 231 enters a final order determining the adopted amendment to be in 232 compliance. 233 (5)ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 234 AMENDMENTS. 235 (b)The state land planning agency may file a petition with 236 the Division of Administrative Hearings pursuant to ss. 120.569 237 and 120.57, with a copy served on the affected local government, 238 to request a formal hearing to challenge whether the plan or 239 plan amendment is in compliance as defined in paragraph (1)(b). 240 The state land planning agencys petition must clearly state the 241 reasons for the challenge. Under the expedited state review 242 process, this petition must be filed with the division within 30 243 days after the state land planning agency notifies the local 244 government that the plan amendment package is complete according 245 to subparagraph (3)(c)3. Under the state coordinated review 246 process, this petition must be filed with the division within 45 247 days after the state land planning agency notifies the local 248 government that the plan amendment package is complete according 249 to subparagraph (4)(f)3. (4)(e)3. 250 1.The state land planning agencys challenge to plan 251 amendments adopted under the expedited state review process is 252 shall be limited to the comments provided by the reviewing 253 agencies pursuant to subparagraphs (3)(b)2.-4., upon a 254 determination by the state land planning agency that an 255 important state resource or facility will be adversely impacted 256 by the adopted plan amendment. The state land planning agencys 257 petition must shall state with specificity how the plan 258 amendment will adversely impact the important state resource or 259 facility. The state land planning agency may challenge a plan 260 amendment that has substantially changed from the version on 261 which the agencies provided comments but only upon a 262 determination by the state land planning agency that an 263 important state resource or facility will be adversely impacted. 264 2.If the state land planning agency issues a notice of 265 intent to find the comprehensive plan or plan amendment not in 266 compliance with this act, the notice of intent must shall be 267 forwarded to the Division of Administrative Hearings of the 268 Department of Management Services, which shall conduct a 269 proceeding under ss. 120.569 and 120.57 in the county of and 270 convenient to the affected local jurisdiction. The parties to 271 the proceeding must shall be the state land planning agency, the 272 affected local government, and any affected person who 273 intervenes. A No new issue may not be alleged as a reason to 274 find a plan or plan amendment not in compliance in an 275 administrative pleading filed more than 21 days after 276 publication of notice unless the party seeking that issue 277 establishes good cause for not alleging the issue within that 278 time period. Good cause does not include excusable neglect. 279 (11)PUBLIC HEARINGS. 280 (a)The procedure for transmittal of a complete proposed 281 comprehensive plan or plan amendment pursuant to subparagraph 282 (3)(b)1. and paragraph (4)(b) and for adoption of a 283 comprehensive plan or plan amendment pursuant to subparagraphs 284 (3)(c)1. and (4)(e)1. is shall be by affirmative vote of not 285 less than a majority of the members of the governing body 286 present at the hearing. The adoption of a comprehensive plan or 287 plan amendment is shall be by ordinance. For the purposes of 288 transmitting or adopting a comprehensive plan or plan amendment, 289 the notice requirements in chapters 125 and 166 are superseded 290 by this subsection, except as provided in this part. 291 (14)This act may not be construed to limit the rights and 292 protections granted by s. 823.14. 293 Section 2.Subsections (1), (2), (3), and (5) of section 294 163.3187, Florida Statutes, are amended, and subsection (6) is 295 added to that section, to read: 296 163.3187Process for adoption of small-scale small scale 297 comprehensive plan amendment. 298 (1)A small-scale small scale development amendment may be 299 adopted if all of under the following conditions are met: 300 (a)The proposed amendment involves a use of 50 acres or 301 fewer. and: 302 (b)The proposed amendment does not involve a text change 303 to the goals, policies, and objectives of the local governments 304 comprehensive plan, but only proposes a land use change to the 305 future land use map for a site-specific small-scale small scale 306 development activity. However, site-specific text changes that 307 relate directly to, and are adopted simultaneously with, the 308 small-scale small scale future land use map amendment are shall 309 be permissible under this section. 310 (c)The property that is the subject of the proposed 311 amendment is not located within an area of critical state 312 concern, unless the project subject to the proposed amendment 313 involves the construction of affordable housing units meeting 314 the criteria of s. 420.0004(3), and is located within an area of 315 critical state concern designated by s. 380.0552 or by the 316 Administration Commission pursuant to s. 380.05(1). 317 (d)The property located in Miami-Dade, Broward, or Monroe 318 County which is the subject of the proposed amendment by a 319 county as defined in s. 125.011(1) or any municipality located 320 therein is not located in whole or in part within, or within 2 321 miles of, the Everglades Protection Area as defined in s. 322 373.4592(2). 323 (2)Small-scale Small scale development amendments adopted 324 pursuant to this section require only one public hearing before 325 the governing board, which must shall be an adoption hearing as 326 described in s. 163.3184(11). Within 10 days after the adoption 327 of a small-scale development amendment by a county whose 328 boundaries include any portion of the Everglades Protection Area 329 as defined in s. 373.4592(2), a county and the municipalities 330 within that county shall transmit a copy of the amendment to the 331 state land planning agency for recordkeeping purposes. 332 (3)If the small-scale small scale development amendment 333 involves a site within a rural area of opportunity as defined 334 under s. 288.0656(2)(d) for the duration of such designation, 335 the acreage limit listed in subsection (1) shall be increased by 336 100 percent. The local government approving the small-scale 337 small scale plan amendment shall certify to the state land 338 planning agency that the plan amendment furthers the economic 339 objectives set forth in the executive order issued under s. 340 288.0656(7), and the property subject to the plan amendment 341 shall undergo public review to ensure that all concurrency 342 requirements and federal, state, and local environmental permit 343 requirements are met. 344 (5)(a)Any affected person may file a petition with the 345 Division of Administrative Hearings pursuant to ss. 120.569 and 346 120.57 to request a hearing to challenge the compliance of a 347 small-scale small scale development amendment with this act 348 within 30 days following the local governments adoption of the 349 amendment and shall serve a copy of the petition on the local 350 government. An administrative law judge shall hold a hearing in 351 the affected jurisdiction not less than 30 days nor more than 60 352 days following the filing of a petition and the assignment of an 353 administrative law judge. The parties to a hearing held pursuant 354 to this subsection shall be the petitioner, the local 355 government, and any intervenor. In the proceeding, the plan 356 amendment shall be determined to be in compliance if the local 357 governments determination that the small-scale small scale 358 development amendment is in compliance is fairly debatable. The 359 state land planning agency may not intervene in any proceeding 360 initiated pursuant to this section. The prevailing party in a 361 challenge filed under this paragraph is entitled to recover 362 attorney fees and costs in challenging or defending the order, 363 including reasonable appellate attorney fees and costs. 364 (b)1.If the administrative law judge recommends that the 365 small-scale small scale development amendment be found not in 366 compliance, the administrative law judge shall submit the 367 recommended order to the Administration Commission for final 368 agency action. If the administrative law judge recommends that 369 the small-scale small scale development amendment be found in 370 compliance, the administrative law judge shall submit the 371 recommended order to the state land planning agency. 372 2.If the state land planning agency determines that the 373 plan amendment is not in compliance, the agency shall submit, 374 within 30 days following its receipt, the recommended order to 375 the Administration Commission for final agency action. If the 376 state land planning agency determines that the plan amendment is 377 in compliance, the agency shall enter a final order within 30 378 days following its receipt of the recommended order. 379 (c)Small-scale small scale development amendments may not 380 become effective until 31 days after adoption. If challenged 381 within 30 days after adoption, small-scale small scale 382 development amendments may not become effective until the state 383 land planning agency or the Administration Commission, 384 respectively, issues a final order determining that the adopted 385 small-scale small scale development amendment is in compliance. 386 (d)In all challenges under this subsection, when a 387 determination of compliance as defined in s. 163.3184(1)(b) is 388 made, consideration shall be given to the plan amendment as a 389 whole and whether the plan amendment furthers the intent of this 390 part. 391 (6)This section may not be construed to limit the rights 392 and protections granted by s. 823.14. 393 Section 3.Subsection (5) of section 420.615, Florida 394 Statutes, is amended to read: 395 420.615Affordable housing land donation density bonus 396 incentives. 397 (5)The local government, as part of the approval process, 398 shall adopt a comprehensive plan amendment, pursuant to part II 399 of chapter 163, for the receiving land that incorporates the 400 density bonus. Such amendment shall be adopted in the manner as 401 required for small-scale amendments pursuant to s. 163.3187 and 402 is not subject to the requirements of s. 163.3184(4)(b), (c), or 403 (e) s. 163.3184(4)(b)-(d). 404 Section 4.This act shall take effect July 1, 2024.