Senate Bill 1390 (2020) — Everglades Protection Area
SB 1390
Florida Bills
Florida Senate - 2020 SB 1390 By Senator Simmons 9-01775-20 20201390__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the Everglades Protection Area; 2 amending s. 163.3184, F.S.; requiring comprehensive 3 plans and plan amendments adopted by the governing 4 bodies of local governments whose boundaries include 5 any portion of the Everglades Protection Area to 6 follow the state coordinated review process; requiring 7 the Department of Environmental Protection to make 8 certain determinations for such plans and amendments, 9 to provide written notice of its determination to the 10 local governments within a specified timeframe, and to 11 coordinate with the local governments on certain 12 mitigation measures; requiring certain governing 13 bodies of local governments to transmit adopted plan 14 amendments to the department within a specified 15 timeframe; providing a condition for such plans and 16 plan amendments to be deemed complete; amending s. 17 420.5095, F.S.; conforming a cross-reference; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22
Section 1. Paragraph (
a) of subsection (2), paragraph (a) 23 of subsection (3), subsection (4), paragraph (
b) of subsection 24 (5), and paragraph (
a) of subsection (11) of
section 163.3184, 25 Florida Statutes, are amended, and paragraph (
d) is added to 26 subsection (2) of that section, to read: 27 163.3184 Process for adoption of comprehensive plan or plan 28 amendment.— 29
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(2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.— 30 (
a) Plan amendments adopted by local governments shall 31 follow the expedited state review process in subsection (3), 32 except as set forth in paragraphs (b)-(d) (
b) and (c). 33 (
d) Plans and plan amendments that are adopted by the 34 governing body of a local government whose boundaries include 35 any portion of the Everglades Protection Area as defined in s. 36 373.4592(2) must follow the state coordinated review process in 37 subsection (4). 38
(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 39 COMPREHENSIVE PLAN AMENDMENTS.— 40 (
a) The process for amending a comprehensive plan described 41 in this subsection shall apply to all amendments except as 42 provided in paragraphs (2)(b)-(d) (2)(
b) and (
c) and shall be 43 applicable statewide. 44
(4) STATE COORDINATED REVIEW PROCESS.— 45 (
a) Coordination.—The state land planning agency shall only 46 use the state coordinated review process described in this 47 subsection for review of comprehensive plans and plan amendments 48 described in paragraphs (2)(
c) and (d) paragraph (2)(c). Each 49 comprehensive plan or plan amendment proposed to be adopted 50 pursuant to this subsection shall be transmitted, adopted, and 51 reviewed in the manner prescribed in this subsection. The state 52 land planning agency shall have responsibility for plan review, 53 coordination, and the preparation and transmission of comments, 54 pursuant to this subsection, to the local governing body 55 responsible for the comprehensive plan or plan amendment. 56 (
b) Local government transmittal of proposed plan or 57 amendment.—Each local governing body proposing a plan or plan 58
Florida Senate - 2020 SB 1390 9-01775-20 20201390__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. amendment specified in paragraph (2)(
c) or (d) (2)(
c) shall 59 transmit the complete proposed comprehensive plan or plan 60 amendment to the reviewing agencies within 10 working days after 61 the first public hearing pursuant to subsection (11). The 62 transmitted document shall clearly indicate on the cover sheet 63 that this plan amendment is subject to the state coordinated 64 review process of this subsection. The local governing body 65 shall also transmit a copy of the complete proposed 66 comprehensive plan or plan amendment to any other unit of local 67 government or government agency in the state that has filed a 68 written request with the governing body for the plan or plan 69 amendment. 70 (
c) Reviewing agency comments.—The agencies specified in 71 paragraph (
b) may provide comments regarding the plan or plan 72 amendments in accordance with subparagraphs (3)(b)2.-4. However, 73 comments on plans or plan amendments required to be reviewed 74 under the state coordinated review process shall be sent to the 75 state land planning agency within 30 days after receipt by the 76 state land planning agency of the complete proposed plan or plan 77 amendment from the local government. If the state land planning 78 agency comments on a plan or plan amendment adopted under the 79 state coordinated review process, it shall provide comments 80 according to paragraph (d). Any other unit of local government 81 or government agency specified in paragraph (
b) may provide 82 comments to the state land planning agency in accordance with 83 subparagraphs (3)(b)2.-4. within 30 days after receipt by the 84 state land planning agency of the complete proposed plan or plan 85 amendment. Written comments submitted by the public shall be 86 sent directly to the local government. 87
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d) State land planning agency review.— 88 1. If the state land planning agency elects to review a 89 plan or plan amendment specified in paragraph (2)(
c) or (d) 90 (2)(c), the agency shall issue a report giving its objections, 91 recommendations, and comments regarding the proposed plan or 92 plan amendment within 60 days after receipt of the proposed plan 93 or plan amendment. Notwithstanding the limitation on comments in 94 sub-subparagraph (3)(b)4.g., the state land planning agency may 95 make objections, recommendations, and comments in its report 96 regarding whether the plan or plan amendment is in compliance 97 and whether the plan or plan amendment will adversely impact 98 important state resources and facilities.
Any objection 99 regarding an important state resource or facility that will be 100 adversely impacted by the adopted plan or plan amendment must 101 shall also state with specificity how the plan or plan amendment 102 will adversely impact the important state resource or facility 103 and must shall identify measures the local government may take 104 to eliminate, reduce, or mitigate the adverse impacts.
When a 105 federal, state, or regional agency has implemented a permitting 106 program, a local government is not required to duplicate or 107 exceed that permitting program in its comprehensive plan or to 108 implement such a permitting program in its land development 109 regulations.
This subparagraph does not prohibit the state land 110 planning agency in conducting its review of local plans or plan 111 amendments from making objections, recommendations, and comments 112 regarding densities and intensities consistent with this part. 113 In preparing its comments, the state land planning agency shall 114 only base its considerations on written, and not oral, comments. 115 2. The state land planning agency review shall identify all 116
Florida Senate - 2020 SB 1390 9-01775-20 20201390__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. written communications with the agency regarding the proposed 117 plan amendment. The written identification must include a list 118 of all documents received or generated by the agency, which list 119 must be of sufficient specificity to enable the documents to be 120 identified and copies requested, if desired, and the name of the 121 person to be contacted to request copies of any identified 122 document. 123 (
e) Everglades Protection Area determinations.—For a plan 124 or plan amendment adopted by the governing body of a local 125 government whose boundaries include any portion of the 126 Everglades Protection Area as defined in s. 373.4592(2), the 127 Department of Environmental Protection shall determine whether 128 the plan or plan amendment impedes the Everglades restoration 129 and protection objectives identified in s. 373.4592. The 130 department shall provide written notice of its determination to 131 the local government within 30 days after receipt of the plan or 132 plan amendment.
The department shall work in coordination with 133 the local government to identify measures the local government 134 may take to eliminate, reduce, or mitigate any adverse impacts 135 to Everglades restoration and protection. 136 (f)(
e) Local government review of comments; adoption of 137 plan or amendments and transmittal.— 138 1. The local government shall review the report submitted 139 to it by the state land planning agency, if any, and written 140 comments submitted to it by any other person, agency, or 141 government. The local government, upon receipt of the report 142 from the state land planning agency, shall hold a its second 143 public hearing, which shall be a hearing to determine whether to 144 adopt the comprehensive plan or one or more comprehensive plan 145
Florida Senate - 2020 SB 1390 9-01775-20 20201390__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. amendments pursuant to subsection (11). If the local government 146 fails to hold the second hearing within 180 days after receipt 147 of the state land planning agency’s report, the amendments must 148 shall be deemed withdrawn unless extended by agreement with 149 notice to the state land planning agency and any affected person 150 that provided comments on the amendment. The 180-day limitation 151 does not apply to amendments processed pursuant to s. 380.06. 152 2.
All comprehensive plan amendments adopted by the 153 governing body, along with the supporting data and analysis, 154 must shall be transmitted within 10 working days after the 155 second public hearing to the state land planning agency and any 156 other agency or local government that provided timely comments 157 under paragraph (c).
Comprehensive plan amendments adopted by 158 the governing body of a local government whose boundaries 159 include any portion of the Everglades Protection Area as defined 160 in s. 373.4592(2) must be additionally transmitted within 10 161 working days after the second public hearing to the Department 162 of Environmental Protection. 163 3. The state land planning agency shall notify the local 164 government of any deficiencies within 5 working days after 165 receipt of a plan or plan amendment package.
For purposes of 166 completeness, a plan or plan amendment must shall be deemed 167 complete if it contains a full, executed copy of the adoption 168 ordinance or ordinances; in the case of a text amendment, a full 169 copy of the amended language in legislative format with new 170 words inserted in the text underlined, and words deleted 171 stricken with hyphens; in the case of a future land use map 172 amendment, a copy of the future land use map clearly depicting 173 the parcel, its existing future land use designation, and its 174
Florida Senate - 2020 SB 1390 9-01775-20 20201390__ Page 7 of 10 CODING: Words stricken are deletions; words underlined are additions. adopted designation; and a copy of any data and analyses the 175 local government deems appropriate. A plan or plan amendment 176 adopted by the governing body of a local government whose 177 boundaries include any portion of the Everglades Protection Area 178 as defined in s. 373.4592(2) may only be deemed complete if it 179 contains a written notice from the Department of Environmental 180 Protection pursuant to paragraph (
e) that states the plan or 181 plan amendment does not impede Everglades protection and 182 restoration. 183 4. After the state land planning agency makes a 184 determination of completeness regarding the adopted plan or plan 185 amendment, the state land planning agency shall have 45 days to 186 determine if the plan or plan amendment is in compliance with 187 this act.
Unless the plan or plan amendment is substantially 188 changed from the one commented on, the state land planning 189 agency’s compliance determination shall be limited to objections 190 raised in the objections, recommendations, and comments report. 191 During the period provided for in this subparagraph, the state 192 land planning agency shall issue, through a senior administrator 193 or the secretary, a notice of intent to find that the plan or 194 plan amendment is in compliance or not in compliance.
The state 195 land planning agency shall post a copy of the notice of intent 196 on the agency’s Internet website. Publication by the state land 197 planning agency of the notice of intent on the state land 198 planning agency’s Internet site shall be prima facie evidence of 199 compliance with the publication requirements of this 200 subparagraph. 201 5. A plan or plan amendment adopted under the state 202 coordinated review process shall go into effect pursuant to the 203
Florida Senate - 2020 SB 1390 9-01775-20 20201390__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. state land planning agency’s notice of intent. If timely 204 challenged, an amendment does not become effective until the 205 state land planning agency or the Administration Commission 206 enters a final order determining the adopted amendment to be in 207 compliance. 208
(5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 209 AMENDMENTS.— 210 (
b) The state land planning agency may file a petition with 211 the Division of Administrative Hearings pursuant to ss. 120.569 212 and 120.57, with a copy served on the affected local government, 213 to request a formal hearing to challenge whether the plan or 214 plan amendment is in compliance as defined in paragraph (1)(b). 215 The state land planning agency’s petition must clearly state the 216 reasons for the challenge.
Under the expedited state review 217 process, this petition must be filed with the division within 30 218 days after the state land planning agency notifies the local 219 government that the plan amendment package is complete according 220 to subparagraph (3)(c)3. Under the state coordinated review 221 process, this petition must be filed with the division within 45 222 days after the state land planning agency notifies the local 223 government that the plan amendment package is complete according 224 to subparagraph (4)(f)3. (4)(e)3. 225 1.
The state land planning agency’s challenge to plan 226 amendments adopted under the expedited state review process 227 shall be limited to the comments provided by the reviewing 228 agencies pursuant to subparagraphs (3)(b)2.-4., upon a 229 determination by the state land planning agency that an 230 important state resource or facility will be adversely impacted 231 by the adopted plan amendment. The state land planning agency’s 232
Florida Senate - 2020 SB 1390 9-01775-20 20201390__ Page 9 of 10 CODING: Words stricken are deletions; words underlined are additions. petition must shall state with specificity how the plan 233 amendment will adversely impact the important state resource or 234 facility. The state land planning agency may challenge a plan 235 amendment that has substantially changed from the version on 236 which the agencies provided comments but only upon a 237 determination by the state land planning agency that an 238 important state resource or facility will be adversely impacted. 239 2.
If the state land planning agency issues a notice of 240 intent to find the comprehensive plan or plan amendment not in 241 compliance with this act, the notice of intent shall be 242 forwarded to the Division of Administrative Hearings of the 243 Department of Management Services, which shall conduct a 244 proceeding under ss. 120.569 and 120.57 in the county of and 245 convenient to the affected local jurisdiction. The parties to 246 the proceeding shall be the state land planning agency, the 247 affected local government, and any affected person who 248 intervenes.
A No new issue may not be alleged as a reason to 249 find a plan or plan amendment not in compliance in an 250 administrative pleading filed more than 21 days after 251 publication of notice unless the party seeking that issue 252 establishes good cause for not alleging the issue within that 253 time period. Good cause does not include excusable neglect. 254
(11) PUBLIC HEARINGS.— 255 (
a) The procedure for transmittal of a complete proposed 256 comprehensive plan or plan amendment pursuant to subparagraph 257 (3)(b)1. and paragraph (4)(
b) and for adoption of a 258 comprehensive plan or plan amendment pursuant to subparagraphs 259 (3)(c)1. and (4)(f)1. (4)(e)1. shall be by affirmative vote of 260 not less than a majority of the members of the governing body 261
Florida Senate - 2020 SB 1390 9-01775-20 20201390__ Page 10 of 10 CODING: Words stricken are deletions; words underlined are additions. present at the hearing. The adoption of a comprehensive plan or 262 plan amendment shall be by ordinance. For the purposes of 263 transmitting or adopting a comprehensive plan or plan amendment, 264 the notice requirements in chapters 125 and 166 are superseded 265 by this subsection, except as provided in this part. 266
Section 2. Subsection (9) of
section 420.5095, Florida 267 Statutes, is amended to read: 268 420.5095 Community Workforce Housing Innovation Pilot 269 Program.— 270
(9) Notwithstanding s. 163.3184(4)(b)-(d), any local 271 government comprehensive plan amendment to implement a Community 272 Workforce Housing Innovation Pilot Program project found 273 consistent with this
section shall be expedited as provided in 274 this subsection. At least 30 days before prior to adopting a 275 plan amendment under this subsection, the local government shall 276 notify the state land planning agency of its intent to adopt 277 such an amendment, and the notice shall include its evaluation 278 related to site suitability and availability of facilities and 279 services. The public notice of the hearing required by s. 280 163.3184(11)(b)2. shall include a statement that the local 281 government intends to use the expedited adoption process 282 authorized by this subsection.
Such amendments shall require 283 only a single public hearing before the governing board, which 284 shall be an adoption hearing as described in s. 163.3184(4)(f) 285 before the governing board s. 163.3184(4)(e). Any further 286 proceedings shall be governed by s. 163.3184(5)-(13). 287