Florida 2025 Regular Session

Florida House Bill H1561 Compare Versions

Only one version of the bill is available at this time.

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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to the adoption of comprehensive plan 2
16	16	amendments; revising the expedited state review 3
17	17	process for adoption of comprehensive plan amendments; 4
18	18	providing an effective date. 5
19	19	6
20	20	Be It Enacted by the Legislature of the State of Florida: 7
21	21	8
22	22	Section 1. Paragraphs (b) and (c) of subsection (3) of 9
23	23	section 163.3184, Florida Statutes, are amended to read: 10
24	24	163.3184 Process for adoption of comprehensiv e plan or 11
25	25	plan amendment.— 12
26	26	(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 13
27	27	COMPREHENSIVE PLAN AMENDMENTS. — 14
28	28	(b)1. If a plan amendment or amendments are adopted, the 15
29	29	local government, after the initial public hearing held pursuant 16
30	30	to subsection (11), shall transmit, within 10 working days after 17
31	31	the date of adoption, the amendment or amendments and 18
32	32	appropriate supporting data and analyses to the reviewing 19
33	33	agencies. The local governing body shall also transmit a copy of 20
34	34	the amendments and supporting data and analyses to any other 21
35	35	local government or governmental agency that has filed a written 22
36	36	request with the governing body. 23
37	37	2. The reviewing agencies and any other local government 24
38	38	or governmental agency specified in subparagraph 1. may provide 25
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47	47	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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51	51	comments regarding the amendment or amendments to the local 26
52	52	government. State agencies shall only comment on important state 27
53	53	resources and facilities that will be adversely impacted by the 28
54	54	amendment if adopted. Comments provided by state agencies shall 29
55	55	state with specificity how the plan amendment will adversely 30
56	56	impact an important state resource or facility and shall 31
57	57	identify measures the local government may take to eliminate, 32
58	58	reduce, or mitigate the adverse impacts. Such comments, if not 33
59	59	resolved, may result in a challenge by the state land planning 34
60	60	agency to the plan amendment. Agencies and local governments 35
61	61	must transmit their comments to the affected local government 36
62	62	such that they are received by the local government not later 37
63	63	than 30 days after the date on w hich the agency or government 38
64	64	received the amendment or amendments. Reviewing agencies shall 39
65	65	also send a copy of their comments to the state land planning 40
66	66	agency. 41
67	67	3. Comments to the local government from a regional 42
68	68	planning council, county, or municipali ty shall be limited as 43
69	69	follows: 44
70	70	a. The regional planning council review and comments shall 45
71	71	be limited to adverse effects on regional resources or 46
72	72	facilities identified in the strategic regional policy plan and 47
73	73	extrajurisdictional impacts that would be in consistent with the 48
74	74	comprehensive plan of any affected local government within the 49
75	75	region. A regional planning council may not review and comment 50
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84	84	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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88	88	on a proposed comprehensive plan amendment prepared by such 51
89	89	council unless the plan amendment has been changed by the local 52
90	90	government subsequent to the preparation of the plan amendment 53
91	91	by the regional planning council. 54
92	92	b. County comments shall be in the context of the 55
93	93	relationship and effect of the proposed plan amendments on the 56
94	94	county plan. 57
95	95	c. Municipal comments shall be in the context of the 58
96	96	relationship and effect of the proposed plan amendments on the 59
97	97	municipal plan. 60
98	98	d. Military installation comments shall be provided in 61
99	99	accordance with s. 163.3175. 62
100	100	4. Comments to the local government from state agen cies 63
101	101	shall be limited to the following subjects as they relate to 64
102	102	important state resources and facilities that will be adversely 65
103	103	impacted by the amendment if adopted: 66
104	104	a. The Department of Environmental Protection shall limit 67
105	105	its comments to the subjects of air and water pollution; 68
106	106	wetlands and other surface waters of the state; federal and 69
107	107	state-owned lands and interest in lands, including state parks, 70
108	108	greenways and trails, and conservation easements; solid waste; 71
109	109	water and wastewater treatment; and the Everglades ecosystem 72
110	110	restoration. 73
111	111	b. The Department of State shall limit its comments to the 74
112	112	subjects of historic and archaeological resources. 75
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121	121	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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125	125	c. The Department of Transportation shall limit its 76
126	126	comments to issues within the agency's jurisdiction as it 77
127	127	relates to transportation resources and facilities of state 78
128	128	importance. 79
129	129	d. The Fish and Wildlife Conservation Commission shall 80
130	130	limit its comments to subjects relating to fish and wildlife 81
131	131	habitat and listed species and their habitat. 82
132	132	e. The Department of Agriculture and Consumer Services 83
133	133	shall limit its comments to the subjects of agriculture, 84
134	134	forestry, and aquaculture issues. 85
135	135	f. The Department of Education shall limit its comments to 86
136	136	the subject of public school facilities. 87
137	137	g. The appropriate wa ter management district shall limit 88
138	138	its comments to flood protection and floodplain management, 89
139	139	wetlands and other surface waters, and regional water supply. 90
140	140	h. The state land planning agency shall limit its comments 91
141	141	to important state resources and faci lities outside the 92
142	142	jurisdiction of other commenting state agencies and may include 93
143	143	comments on countervailing planning policies and objectives 94
144	144	served by the plan amendment that should be balanced against 95
145	145	potential adverse impacts to important state resourc es and 96
146	146	facilities. 97
147	147	(c)1. The local government shall hold a second public 98
148	148	hearing, which shall be a hearing on whether to adopt one or 99
149	149	more comprehensive plan amendments pursuant to subsection (11). 100
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158	158	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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162	162	If the local government fails, within 180 days after rec eipt of 101
163	163	agency comments, to hold the second public hearing, and to adopt 102
164	164	the comprehensive plan amendments, the amendments are deemed 103
165	165	withdrawn unless extended by agreement with notice to the state 104
166	166	land planning agency and any affected person that provided 105
167	167	comments on the amendment. The local government is in compliance 106
168	168	if the second public hearing is held within the 180 -day period 107
169	169	following receipt of agency comments, even if the amendments are 108
170	170	approved at a subsequent hearing. The 180-day limitation does 109
171	171	not apply to amendments processed pursuant to s. 380.06. 110
172	172	2. All comprehensive plan amendments adopted by the 111
173	173	governing body, along with the supporting data and analysis, 112
174	174	shall be transmitted within 10 working days after the final 113
175	175	adoption hearing to the state land planning agency and any other 114
176	176	agency or local government that provided timely comments under 115
177	177	subparagraph (b)2. If the local government fails to transmit the 116
178	178	comprehensive plan amendments within 10 working days after the 117
179	179	final adoption hearing, the amendments are deemed withdrawn. 118
180	180	3. The state land planning agency shall notify the local 119
181	181	government of any deficiencies within 5 working days after 120
182	182	receipt of an amendment package. For purposes of completeness, 121
183	183	an amendment shall be deemed complete if it contains a full, 122
184	184	executed copy of: 123
185	185	a. The adoption ordinance or ordinances; 124
186	186	b. In the case of a text amendment, the amended language 125
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195	195	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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199	199	in legislative format with new words inserted in the text 126
200	200	underlined, and words deleted stricken with hyphens; 127
201	201	c. In the case of a future land use map amendment, the 128
202	202	future land use map clearly depicting the parcel, its existing 129
203	203	future land use designation, and its adopted designation; and 130
204	204	d. Any data and analyses the local government deems 131
205	205	appropriate. 132
206	206	4. An amendment adopted under this paragraph does not 133
207	207	become effective until 31 days after the state land planning 134
208	208	agency notifies the local government that the plan amendment 135
209	209	package is complete. If timely challenged, an amendment does not 136
210	210	become effective until the state land planning agency or the 137
211	211	Administration Commission enters a final order determining the 138
212	212	adopted amendment to be in compliance. 139
213	213	Section 2. This act shall take effect July 1, 2025. 140