Florida 2025 2025 Regular Session

Florida House Bill H1561 Introduced / Bill

Filed 02/28/2025

                       
 
HB 1561   	2025 
 
 
 
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hb1561-00 
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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 adoption of comprehensive plan 2 
amendments; revising the expedited state review 3 
process for adoption of comprehensive plan amendments; 4 
providing an effective date. 5 
 6 
Be It Enacted by the Legislature of the State of Florida: 7 
 8 
 Section 1.  Paragraphs (b) and (c) of subsection (3) of 9 
section 163.3184, Florida Statutes, are amended to read: 10 
 163.3184  Process for adoption of comprehensiv e plan or 11 
plan amendment.— 12 
 (3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 13 
COMPREHENSIVE PLAN AMENDMENTS. — 14 
 (b)1.  If a plan amendment or amendments are adopted, the 15 
local government, after the initial public hearing held pursuant 16 
to subsection (11), shall transmit, within 10 working days after 17 
the date of adoption, the amendment or amendments and 18 
appropriate supporting data and analyses to the reviewing 19 
agencies. The local governing body shall also transmit a copy of 20 
the amendments and supporting data and analyses to any other 21 
local government or governmental agency that has filed a written 22 
request with the governing body. 23 
 2.  The reviewing agencies and any other local government 24 
or governmental agency specified in subparagraph 1. may provide 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 
 
 
 
comments regarding the amendment or amendments to the local 26 
government. State agencies shall only comment on important state 27 
resources and facilities that will be adversely impacted by the 28 
amendment if adopted. Comments provided by state agencies shall 29 
state with specificity how the plan amendment will adversely 30 
impact an important state resource or facility and shall 31 
identify measures the local government may take to eliminate, 32 
reduce, or mitigate the adverse impacts. Such comments, if not 33 
resolved, may result in a challenge by the state land planning 34 
agency to the plan amendment. Agencies and local governments 35 
must transmit their comments to the affected local government 36 
such that they are received by the local government not later 37 
than 30 days after the date on w hich the agency or government 38 
received the amendment or amendments. Reviewing agencies shall 39 
also send a copy of their comments to the state land planning 40 
agency. 41 
 3.  Comments to the local government from a regional 42 
planning council, county, or municipali ty shall be limited as 43 
follows: 44 
 a.  The regional planning council review and comments shall 45 
be limited to adverse effects on regional resources or 46 
facilities identified in the strategic regional policy plan and 47 
extrajurisdictional impacts that would be in consistent with the 48 
comprehensive plan of any affected local government within the 49 
region. A regional planning council may not review and comment 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 
 
 
 
on a proposed comprehensive plan amendment prepared by such 51 
council unless the plan amendment has been changed by the local 52 
government subsequent to the preparation of the plan amendment 53 
by the regional planning council. 54 
 b.  County comments shall be in the context of the 55 
relationship and effect of the proposed plan amendments on the 56 
county plan. 57 
 c.  Municipal comments shall be in the context of the 58 
relationship and effect of the proposed plan amendments on the 59 
municipal plan. 60 
 d.  Military installation comments shall be provided in 61 
accordance with s. 163.3175. 62 
 4.  Comments to the local government from state agen cies 63 
shall be limited to the following subjects as they relate to 64 
important state resources and facilities that will be adversely 65 
impacted by the amendment if adopted: 66 
 a.  The Department of Environmental Protection shall limit 67 
its comments to the subjects of air and water pollution; 68 
wetlands and other surface waters of the state; federal and 69 
state-owned lands and interest in lands, including state parks, 70 
greenways and trails, and conservation easements; solid waste; 71 
water and wastewater treatment; and the Everglades ecosystem 72 
restoration. 73 
 b.  The Department of State shall limit its comments to the 74 
subjects of historic and archaeological resources. 75     
 
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 c.  The Department of Transportation shall limit its 76 
comments to issues within the agency's jurisdiction as it 77 
relates to transportation resources and facilities of state 78 
importance. 79 
 d.  The Fish and Wildlife Conservation Commission shall 80 
limit its comments to subjects relating to fish and wildlife 81 
habitat and listed species and their habitat. 82 
 e.  The Department of Agriculture and Consumer Services 83 
shall limit its comments to the subjects of agriculture, 84 
forestry, and aquaculture issues. 85 
 f.  The Department of Education shall limit its comments to 86 
the subject of public school facilities. 87 
 g.  The appropriate wa ter management district shall limit 88 
its comments to flood protection and floodplain management, 89 
wetlands and other surface waters, and regional water supply. 90 
 h.  The state land planning agency shall limit its comments 91 
to important state resources and faci lities outside the 92 
jurisdiction of other commenting state agencies and may include 93 
comments on countervailing planning policies and objectives 94 
served by the plan amendment that should be balanced against 95 
potential adverse impacts to important state resourc es and 96 
facilities. 97 
 (c)1.  The local government shall hold a second public 98 
hearing, which shall be a hearing on whether to adopt one or 99 
more comprehensive plan amendments pursuant to subsection (11). 100     
 
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If the local government fails, within 180 days after rec eipt of 101 
agency comments, to hold the second public hearing, and to adopt 102 
the comprehensive plan amendments, the amendments are deemed 103 
withdrawn unless extended by agreement with notice to the state 104 
land planning agency and any affected person that provided 105 
comments on the amendment. The local government is in compliance 106 
if the second public hearing is held within the 180 -day period 107 
following receipt of agency comments, even if the amendments are 108 
approved at a subsequent hearing. The 180-day limitation does 109 
not apply to amendments processed pursuant to s. 380.06. 110 
 2.  All comprehensive plan amendments adopted by the 111 
governing body, along with the supporting data and analysis, 112 
shall be transmitted within 10 working days after the final 113 
adoption hearing to the state land planning agency and any other 114 
agency or local government that provided timely comments under 115 
subparagraph (b)2. If the local government fails to transmit the 116 
comprehensive plan amendments within 10 working days after the 117 
final adoption hearing, the amendments are deemed withdrawn. 118 
 3.  The state land planning agency shall notify the local 119 
government of any deficiencies within 5 working days after 120 
receipt of an amendment package. For purposes of completeness, 121 
an amendment shall be deemed complete if it contains a full, 122 
executed copy of: 123 
 a.  The adoption ordinance or ordinances; 124 
 b.  In the case of a text amendment, the amended language 125     
 
HB 1561   	2025 
 
 
 
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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 
 
 
 
in legislative format with new words inserted in the text 126 
underlined, and words deleted stricken with hyphens; 127 
 c.  In the case of a future land use map amendment, the 128 
future land use map clearly depicting the parcel, its existing 129 
future land use designation, and its adopted designation; and 130 
 d.  Any data and analyses the local government deems 131 
appropriate. 132 
 4.  An amendment adopted under this paragraph does not 133 
become effective until 31 days after the state land planning 134 
agency notifies the local government that the plan amendment 135 
package is complete. If timely challenged, an amendment does not 136 
become effective until the state land planning agency or the 137 
Administration Commission enters a final order determining the 138 
adopted amendment to be in compliance. 139 
 Section 2. This act shall take effect July 1, 2025. 140