Florida Senate - 2024 CS for CS for SB 1364 By the Committees on Rules; and Agriculture; and Senator Calatayud 595-03795-24 20241364c2 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; providing 8 duties of the Department of Environmental Protection 9 relating to such plans and plan amendments; providing 10 a condition for the adoption of such plans and plan 11 amendments upon a certain determination by the 12 department; specifying a requirement for the 13 transmittal of certain comprehensive plan amendments 14 to the department; making technical changes; providing 15 construction; amending s. 163.3187, F.S.; authorizing 16 site-specific text changes for small-scale future land 17 use map amendments; prohibiting the adoption of small 18 scale development amendments for properties located 19 within or near the Everglades Protection Area; 20 requiring local governments whose boundaries include 21 any portion of the Everglades Protection Area to 22 transmit copies of adopted small-scale development 23 amendments to the state land planning agency within a 24 specified timeframe; making technical changes; 25 providing construction; amending s. 420.615, F.S.; 26 conforming a cross-reference; providing an effective 27 date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Paragraph (a) of subsection (2), paragraph (a) 32 of subsection (3), subsection (4), paragraph (b) of subsection 33 (5), and paragraph (a) of subsection (11) of section 163.3184, 34 Florida Statutes, are amended, and paragraph (d) is added to 35 subsection (2) and subsection (14) is added to that section, to 36 read: 37 163.3184Process for adoption of comprehensive plan or plan 38 amendment. 39 (2)COMPREHENSIVE PLANS AND PLAN AMENDMENTS. 40 (a)Plan amendments adopted by local governments must shall 41 follow the expedited state review process in subsection (3), 42 except as set forth in paragraphs (b), and (c), and (d). 43 (d)Proposed plans and plan amendments by a county as 44 defined in s. 125.011(1) or any municipality located therein 45 which apply to land within, or within 2 miles of, the Everglades 46 Protection Area as defined in s. 373.4592(2) must follow the 47 state coordinated review process as provided in subsection (4). 48 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 49 COMPREHENSIVE PLAN AMENDMENTS. 50 (a)The process for amending a comprehensive plan described 51 in this subsection applies shall apply to all amendments except 52 as provided in paragraphs (2)(b), and (c), and (d) and is shall 53 be applicable statewide. 54 (4)STATE COORDINATED REVIEW PROCESS. 55 (a)Coordination.The state land planning agency shall only 56 use the state coordinated review process described in this 57 subsection for review of comprehensive plans and plan amendments 58 described in paragraphs (2)(c) and (d) paragraph (2)(c). Each 59 comprehensive plan or plan amendment proposed to be adopted 60 pursuant to this subsection must shall be transmitted, adopted, 61 and reviewed in the manner prescribed in this subsection. The 62 state land planning agency shall have responsibility for plan 63 review, coordination, and the preparation and transmission of 64 comments, pursuant to this subsection, to the local governing 65 body responsible for the comprehensive plan or plan amendment. 66 (b)Local government transmittal of proposed plan or 67 amendment.Each local governing body proposing a plan or plan 68 amendment specified in paragraph (2)(c) or paragraph (2)(d) 69 shall transmit the complete proposed comprehensive plan or plan 70 amendment to the reviewing agencies within 10 working days after 71 the first public hearing pursuant to subsection (11). The 72 transmitted document must shall clearly indicate on the cover 73 sheet that this plan amendment is subject to the state 74 coordinated review process of this subsection. The local 75 governing body shall also transmit a copy of the complete 76 proposed comprehensive plan or plan amendment to any other unit 77 of local government or government agency in the state that has 78 filed a written request with the governing body for the plan or 79 plan amendment. 80 (c)Reviewing agency comments.The agencies specified in 81 paragraph (b) may provide comments regarding the plan or plan 82 amendments in accordance with subparagraphs (3)(b)2.-4. However, 83 comments on plans or plan amendments required to be reviewed 84 under the state coordinated review process must shall be sent to 85 the state land planning agency within 30 days after receipt by 86 the state land planning agency of the complete proposed plan or 87 plan amendment from the local government. If the state land 88 planning agency comments on a plan or plan amendment adopted 89 under the state coordinated review process, it must shall 90 provide comments according to paragraph (e) (d). Any other unit 91 of local government or government agency specified in paragraph 92 (b) may provide comments to the state land planning agency in 93 accordance with subparagraphs (3)(b)2.-4. within 30 days after 94 receipt by the state land planning agency of the complete 95 proposed plan or plan amendment. Written comments submitted by 96 the public must shall be sent directly to the local government. 97 (d)Everglades Protection Area determinations.A proposed 98 plan or plan amendment by a county as defined in s. 125.011(1) 99 or any municipality located therein which applies to any land 100 within, or within 2 miles of, the Everglades Protection Area as 101 defined in s. 373.4592(2) must be reviewed pursuant to this 102 paragraph by the Department of Environmental Protection. The 103 department shall determine whether the proposed plan or plan 104 amendment, or any portion thereof, adversely impacts the 105 Everglades Protection Area or the Everglades restoration and 106 protection objectives identified in s. 373.4592. The department 107 shall issue a written determination to the state land planning 108 agency and the local government within 30 days after receipt of 109 the proposed plan or plan amendment. The determination must 110 identify any adverse impacts and may be provided as part of the 111 agencys comments pursuant to paragraph (c). Before the adoption 112 of the proposed plan or plan amendment, the department shall 113 work in coordination with the state land planning agency and the 114 local government to identify any planning strategies or measures 115 that the local government could include in the proposed plan or 116 plan amendment to eliminate or mitigate any adverse impacts to 117 the Everglades Protection Area or the Everglades restoration and 118 protection objectives identified in s. 373.4592. If the 119 department determines that any portion of the proposed plan or 120 plan amendment will adversely impact the Everglades Protection 121 Area or the Everglades restoration and protection objectives 122 identified in s. 373.4592, the local government must modify that 123 portion of the proposed plan or plan amendment to include 124 planning strategies or measures to eliminate or mitigate such 125 adverse impacts before adopting the proposed plan or plan 126 amendment or that portion of the proposed plan or plan amendment 127 may not be adopted. 128 (e)State land planning agency review. 129 1.If the state land planning agency elects to review a 130 plan or plan amendment specified in paragraph (2)(c), the agency 131 shall issue a report giving its objections, recommendations, and 132 comments regarding the proposed plan or plan amendment within 60 133 days after receipt of the proposed plan or plan amendment. 134 Notwithstanding the limitation on comments in sub-subparagraph 135 (3)(b)4.g., the state land planning agency may make objections, 136 recommendations, and comments in its report regarding whether 137 the plan or plan amendment is in compliance and whether the plan 138 or plan amendment will adversely impact important state 139 resources and facilities. Any objection regarding an important 140 state resource or facility that will be adversely impacted by 141 the adopted plan or plan amendment shall also state with 142 specificity how the plan or plan amendment will adversely impact 143 the important state resource or facility and shall identify 144 measures the local government may take to eliminate, reduce, or 145 mitigate the adverse impacts. When a federal, state, or regional 146 agency has implemented a permitting program, a local government 147 is not required to duplicate or exceed that permitting program 148 in its comprehensive plan or to implement such a permitting 149 program in its land development regulations. This subparagraph 150 does not prohibit the state land planning agency in conducting 151 its review of local plans or plan amendments from making 152 objections, recommendations, and comments regarding densities 153 and intensities consistent with this part. In preparing its 154 comments, the state land planning agency shall only base its 155 considerations on written, and not oral, comments. 156 2.The state land planning agency review shall identify all 157 written communications with the agency regarding the proposed 158 plan amendment. The written identification must include a list 159 of all documents received or generated by the agency, which list 160 must be of sufficient specificity to enable the documents to be 161 identified and copies requested, if desired, and the name of the 162 person to be contacted to request copies of any identified 163 document. 164 (f)(e)Local government review of comments; adoption of 165 plan or amendments and transmittal. 166 1.The local government shall review the report submitted 167 to it by the state land planning agency, if any, and written 168 comments submitted to it by any other person, agency, or 169 government. The local government, upon receipt of the report 170 from the state land planning agency, shall hold a its second 171 public hearing, which shall be a hearing to determine whether to 172 adopt the comprehensive plan or one or more comprehensive plan 173 amendments pursuant to subsection (11). If the local government 174 fails to hold the second hearing within 180 days after receipt 175 of the state land planning agencys report, the amendments are 176 shall be deemed withdrawn unless extended by agreement with 177 notice to the state land planning agency and any affected person 178 who that provided comments on the amendment. The 180-day 179 limitation does not apply to amendments processed pursuant to s. 180 380.06. 181 2.All comprehensive plan amendments adopted by the 182 governing body, along with the supporting data and analysis, 183 must shall be transmitted within 10 working days after the 184 second public hearing to the state land planning agency and any 185 other agency or local government that provided timely comments 186 under paragraph (c). Comprehensive plan amendments by a county 187 as defined in s. 125.011(1) or any municipality located therein 188 which apply to land within, or within 2 miles of, the Everglades 189 Protection Area as defined in s. 373.4592(2) must also be 190 transmitted within 10 working days after the second public 191 hearing to the Department of Environmental Protection. 192 3.The state land planning agency shall notify the local 193 government of any deficiencies within 5 working days after 194 receipt of a plan or plan amendment package. For purposes of 195 completeness, a plan or plan amendment is shall be deemed 196 complete if it contains a full, executed copy of the adoption 197 ordinance or ordinances; in the case of a text amendment, a full 198 copy of the amended language in legislative format with new 199 words inserted in the text underlined, and words deleted 200 stricken with hyphens; in the case of a future land use map 201 amendment, a copy of the future land use map clearly depicting 202 the parcel, its existing future land use designation, and its 203 adopted designation; and a copy of any data and analyses the 204 local government deems appropriate. 205 4.After the state land planning agency makes a 206 determination of completeness regarding the adopted plan or plan 207 amendment, the state land planning agency has shall have 45 days 208 to determine if the plan or plan amendment is in compliance with 209 this act. Unless the plan or plan amendment is substantially 210 changed from the one commented on, the state land planning 211 agencys compliance determination is shall be limited to 212 objections raised in the objections, recommendations, and 213 comments report. During the period provided for in this 214 subparagraph, the state land planning agency shall issue, 215 through a senior administrator or the secretary, a notice of 216 intent to find that the plan or plan amendment is in compliance 217 or not in compliance. The state land planning agency shall post 218 a copy of the notice of intent on the agencys Internet website. 219 Publication by the state land planning agency of the notice of 220 intent on the state land planning agencys website is Internet 221 site shall be prima facie evidence of compliance with the 222 publication requirements of this subparagraph. 223 5.A plan or plan amendment adopted under the state 224 coordinated review process must shall go into effect pursuant to 225 the state land planning agencys notice of intent. If timely 226 challenged, an amendment does not become effective until the 227 state land planning agency or the Administration Commission 228 enters a final order determining the adopted amendment to be in 229 compliance. 230 (5)ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 231 AMENDMENTS. 232 (b)The state land planning agency may file a petition with 233 the Division of Administrative Hearings pursuant to ss. 120.569 234 and 120.57, with a copy served on the affected local government, 235 to request a formal hearing to challenge whether the plan or 236 plan amendment is in compliance as defined in paragraph (1)(b). 237 The state land planning agencys petition must clearly state the 238 reasons for the challenge. Under the expedited state review 239 process, this petition must be filed with the division within 30 240 days after the state land planning agency notifies the local 241 government that the plan amendment package is complete according 242 to subparagraph (3)(c)3. Under the state coordinated review 243 process, this petition must be filed with the division within 45 244 days after the state land planning agency notifies the local 245 government that the plan amendment package is complete according 246 to subparagraph (4)(f)3. (4)(e)3. 247 1.The state land planning agencys challenge to plan 248 amendments adopted under the expedited state review process is 249 shall be limited to the comments provided by the reviewing 250 agencies pursuant to subparagraphs (3)(b)2.-4., upon a 251 determination by the state land planning agency that an 252 important state resource or facility will be adversely impacted 253 by the adopted plan amendment. The state land planning agencys 254 petition must shall state with specificity how the plan 255 amendment will adversely impact the important state resource or 256 facility. The state land planning agency may challenge a plan 257 amendment that has substantially changed from the version on 258 which the agencies provided comments but only upon a 259 determination by the state land planning agency that an 260 important state resource or facility will be adversely impacted. 261 2.If the state land planning agency issues a notice of 262 intent to find the comprehensive plan or plan amendment not in 263 compliance with this act, the notice of intent must shall be 264 forwarded to the Division of Administrative Hearings of the 265 Department of Management Services, which shall conduct a 266 proceeding under ss. 120.569 and 120.57 in the county of and 267 convenient to the affected local jurisdiction. The parties to 268 the proceeding must shall be the state land planning agency, the 269 affected local government, and any affected person who 270 intervenes. A No new issue may not be alleged as a reason to 271 find a plan or plan amendment not in compliance in an 272 administrative pleading filed more than 21 days after 273 publication of notice unless the party seeking that issue 274 establishes good cause for not alleging the issue within that 275 time period. Good cause does not include excusable neglect. 276 (11)PUBLIC HEARINGS. 277 (a)The procedure for transmittal of a complete proposed 278 comprehensive plan or plan amendment pursuant to subparagraph 279 (3)(b)1. and paragraph (4)(b) and for adoption of a 280 comprehensive plan or plan amendment pursuant to subparagraphs 281 (3)(c)1. and (4)(e)1. is shall be by affirmative vote of not 282 less than a majority of the members of the governing body 283 present at the hearing. The adoption of a comprehensive plan or 284 plan amendment is shall be by ordinance. For the purposes of 285 transmitting or adopting a comprehensive plan or plan amendment, 286 the notice requirements in chapters 125 and 166 are superseded 287 by this subsection, except as provided in this part. 288 (14)This act may not be construed to limit the rights and 289 protections granted by s. 823.14. 290 Section 2.Subsections (1), (2), (3), and (5) of section 291 163.3187, Florida Statutes, are amended, and subsection (6) is 292 added to that section, to read: 293 163.3187Process for adoption of small-scale small scale 294 comprehensive plan amendment. 295 (1)A small-scale small scale development amendment may be 296 adopted if all of under the following conditions are met: 297 (a)The proposed amendment involves a use of 50 acres or 298 fewer. and: 299 (b)The proposed amendment does not involve a text change 300 to the goals, policies, and objectives of the local governments 301 comprehensive plan, but only proposes a land use change to the 302 future land use map for a site-specific small-scale small scale 303 development activity. However, site-specific text changes that 304 relate directly to, and are adopted simultaneously with, the 305 small-scale small scale future land use map amendment are shall 306 be permissible under this section. 307 (c)The property that is the subject of the proposed 308 amendment is not located within an area of critical state 309 concern, unless the project subject to the proposed amendment 310 involves the construction of affordable housing units meeting 311 the criteria of s. 420.0004(3), and is located within an area of 312 critical state concern designated by s. 380.0552 or by the 313 Administration Commission pursuant to s. 380.05(1). 314 (d)The property that is the subject of the proposed 315 amendment by a county as defined in s. 125.011(1) or any 316 municipality located therein is not located in whole or in part 317 within, or within 2 miles of, the Everglades Protection Area as 318 defined in s. 373.4592(2). 319 (2)Small-scale Small scale development amendments adopted 320 pursuant to this section require only one public hearing before 321 the governing board, which must shall be an adoption hearing as 322 described in s. 163.3184(11). Within 10 days after the adoption 323 of a small-scale development amendment by a county whose 324 boundaries include any portion of the Everglades Protection Area 325 as defined in s. 373.4592(2), a county and the municipalities 326 within that county shall transmit a copy of the amendment to the 327 state land planning agency for recordkeeping purposes. 328 (3)If the small-scale small scale development amendment 329 involves a site within a rural area of opportunity as defined 330 under s. 288.0656(2)(d) for the duration of such designation, 331 the acreage limit listed in subsection (1) shall be increased by 332 100 percent. The local government approving the small-scale 333 small scale plan amendment shall certify to the state land 334 planning agency that the plan amendment furthers the economic 335 objectives set forth in the executive order issued under s. 336 288.0656(7), and the property subject to the plan amendment 337 shall undergo public review to ensure that all concurrency 338 requirements and federal, state, and local environmental permit 339 requirements are met. 340 (5)(a)Any affected person may file a petition with the 341 Division of Administrative Hearings pursuant to ss. 120.569 and 342 120.57 to request a hearing to challenge the compliance of a 343 small-scale small scale development amendment with this act 344 within 30 days following the local governments adoption of the 345 amendment and shall serve a copy of the petition on the local 346 government. An administrative law judge shall hold a hearing in 347 the affected jurisdiction not less than 30 days nor more than 60 348 days following the filing of a petition and the assignment of an 349 administrative law judge. The parties to a hearing held pursuant 350 to this subsection shall be the petitioner, the local 351 government, and any intervenor. In the proceeding, the plan 352 amendment shall be determined to be in compliance if the local 353 governments determination that the small-scale small scale 354 development amendment is in compliance is fairly debatable. The 355 state land planning agency may not intervene in any proceeding 356 initiated pursuant to this section. The prevailing party in a 357 challenge filed under this paragraph is entitled to recover 358 attorney fees and costs in challenging or defending the order, 359 including reasonable appellate attorney fees and costs. 360 (b)1.If the administrative law judge recommends that the 361 small-scale small scale development amendment be found not in 362 compliance, the administrative law judge shall submit the 363 recommended order to the Administration Commission for final 364 agency action. If the administrative law judge recommends that 365 the small-scale small scale development amendment be found in 366 compliance, the administrative law judge shall submit the 367 recommended order to the state land planning agency. 368 2.If the state land planning agency determines that the 369 plan amendment is not in compliance, the agency shall submit, 370 within 30 days following its receipt, the recommended order to 371 the Administration Commission for final agency action. If the 372 state land planning agency determines that the plan amendment is 373 in compliance, the agency shall enter a final order within 30 374 days following its receipt of the recommended order. 375 (c)Small-scale small scale development amendments may not 376 become effective until 31 days after adoption. If challenged 377 within 30 days after adoption, small-scale small scale 378 development amendments may not become effective until the state 379 land planning agency or the Administration Commission, 380 respectively, issues a final order determining that the adopted 381 small-scale small scale development amendment is in compliance. 382 (d)In all challenges under this subsection, when a 383 determination of compliance as defined in s. 163.3184(1)(b) is 384 made, consideration shall be given to the plan amendment as a 385 whole and whether the plan amendment furthers the intent of this 386 part. 387 (6)This section may not be construed to limit the rights 388 and protections granted by s. 823.14. 389 Section 3.Subsection (5) of section 420.615, Florida 390 Statutes, is amended to read: 391 420.615Affordable housing land donation density bonus 392 incentives. 393 (5)The local government, as part of the approval process, 394 shall adopt a comprehensive plan amendment, pursuant to part II 395 of chapter 163, for the receiving land that incorporates the 396 density bonus. Such amendment shall be adopted in the manner as 397 required for small-scale amendments pursuant to s. 163.3187 and 398 is not subject to the requirements of s. 163.3184(4)(b), (c), or 399 (e) s. 163.3184(4)(b)-(d). 400 Section 4.This act shall take effect July 1, 2024.