Bill Text: FL S1390 | 2020 | Regular Session | Introduced
Bill Title: Everglades Protection Area
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Community Affairs [S1390 Detail]
Download: Florida-2020-S1390-Introduced.html
Florida Senate - 2020 SB 1390 By Senator Simmons 9-01775-20 20201390__ 1 A bill to be entitled 2 An act relating to the Everglades Protection Area; 3 amending s. 163.3184, F.S.; requiring comprehensive 4 plans and plan amendments adopted by the governing 5 bodies of local governments whose boundaries include 6 any portion of the Everglades Protection Area to 7 follow the state coordinated review process; requiring 8 the Department of Environmental Protection to make 9 certain determinations for such plans and amendments, 10 to provide written notice of its determination to the 11 local governments within a specified timeframe, and to 12 coordinate with the local governments on certain 13 mitigation measures; requiring certain governing 14 bodies of local governments to transmit adopted plan 15 amendments to the department within a specified 16 timeframe; providing a condition for such plans and 17 plan amendments to be deemed complete; amending s. 18 420.5095, F.S.; conforming a cross-reference; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraph (a) of subsection (2), paragraph (a) 24 of subsection (3), subsection (4), paragraph (b) of subsection 25 (5), and paragraph (a) of subsection (11) of section 163.3184, 26 Florida Statutes, are amended, and paragraph (d) is added to 27 subsection (2) of that section, to read: 28 163.3184 Process for adoption of comprehensive plan or plan 29 amendment.— 30 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.— 31 (a) Plan amendments adopted by local governments shall 32 follow the expedited state review process in subsection (3), 33 except as set forth in paragraphs (b)-(d)(b) and (c). 34 (d) Plans and plan amendments that are adopted by the 35 governing body of a local government whose boundaries include 36 any portion of the Everglades Protection Area as defined in s. 37 373.4592(2) must follow the state coordinated review process in 38 subsection (4). 39 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 40 COMPREHENSIVE PLAN AMENDMENTS.— 41 (a) The process for amending a comprehensive plan described 42 in this subsection shall apply to all amendments except as 43 provided in paragraphs (2)(b)-(d)(2)(b) and (c)and shall be 44 applicable statewide. 45 (4) STATE COORDINATED REVIEW PROCESS.— 46 (a) Coordination.—The state land planning agency shall only 47 use the state coordinated review process described in this 48 subsection for review of comprehensive plans and plan amendments 49 described in paragraphs (2)(c) and (d)paragraph (2)(c). Each 50 comprehensive plan or plan amendment proposed to be adopted 51 pursuant to this subsection shall be transmitted, adopted, and 52 reviewed in the manner prescribed in this subsection. The state 53 land planning agency shall have responsibility for plan review, 54 coordination, and the preparation and transmission of comments, 55 pursuant to this subsection, to the local governing body 56 responsible for the comprehensive plan or plan amendment. 57 (b) Local government transmittal of proposed plan or 58 amendment.—Each local governing body proposing a plan or plan 59 amendment specified in paragraph (2)(c) or (d)(2)(c)shall 60 transmit the complete proposed comprehensive plan or plan 61 amendment to the reviewing agencies within 10 working days after 62 the first public hearing pursuant to subsection (11). The 63 transmitted document shall clearly indicate on the cover sheet 64 that this plan amendment is subject to the state coordinated 65 review process of this subsection. The local governing body 66 shall also transmit a copy of the complete proposed 67 comprehensive plan or plan amendment to any other unit of local 68 government or government agency in the state that has filed a 69 written request with the governing body for the plan or plan 70 amendment. 71 (c) Reviewing agency comments.—The agencies specified in 72 paragraph (b) may provide comments regarding the plan or plan 73 amendments in accordance with subparagraphs (3)(b)2.-4. However, 74 comments on plans or plan amendments required to be reviewed 75 under the state coordinated review process shall be sent to the 76 state land planning agency within 30 days after receipt by the 77 state land planning agency of the complete proposed plan or plan 78 amendment from the local government. If the state land planning 79 agency comments on a plan or plan amendment adopted under the 80 state coordinated review process, it shall provide comments 81 according to paragraph (d). Any other unit of local government 82 or government agency specified in paragraph (b) may provide 83 comments to the state land planning agency in accordance with 84 subparagraphs (3)(b)2.-4. within 30 days after receipt by the 85 state land planning agency of the complete proposed plan or plan 86 amendment. Written comments submitted by the public shall be 87 sent directly to the local government. 88 (d) State land planning agency review.— 89 1. If the state land planning agency elects to review a 90 plan or plan amendment specified in paragraph (2)(c) or (d) 91(2)(c), the agency shall issue a report giving its objections, 92 recommendations, and comments regarding the proposed plan or 93 plan amendment within 60 days after receipt of the proposed plan 94 or plan amendment. Notwithstanding the limitation on comments in 95 sub-subparagraph (3)(b)4.g., the state land planning agency may 96 make objections, recommendations, and comments in its report 97 regarding whether the plan or plan amendment is in compliance 98 and whether the plan or plan amendment will adversely impact 99 important state resources and facilities. Any objection 100 regarding an important state resource or facility that will be 101 adversely impacted by the adopted plan or plan amendment must 102shallalso state with specificity how the plan or plan amendment 103 will adversely impact the important state resource or facility 104 and mustshallidentify measures the local government may take 105 to eliminate, reduce, or mitigate the adverse impacts. When a 106 federal, state, or regional agency has implemented a permitting 107 program, a local government is not required to duplicate or 108 exceed that permitting program in its comprehensive plan or to 109 implement such a permitting program in its land development 110 regulations. This subparagraph does not prohibit the state land 111 planning agency in conducting its review of local plans or plan 112 amendments from making objections, recommendations, and comments 113 regarding densities and intensities consistent with this part. 114 In preparing its comments, the state land planning agency shall 115 only base its considerations on written, and not oral, comments. 116 2. The state land planning agency review shall identify all 117 written communications with the agency regarding the proposed 118 plan amendment. The written identification must include a list 119 of all documents received or generated by the agency, which list 120 must be of sufficient specificity to enable the documents to be 121 identified and copies requested, if desired, and the name of the 122 person to be contacted to request copies of any identified 123 document. 124 (e) Everglades Protection Area determinations.—For a plan 125 or plan amendment adopted by the governing body of a local 126 government whose boundaries include any portion of the 127 Everglades Protection Area as defined in s. 373.4592(2), the 128 Department of Environmental Protection shall determine whether 129 the plan or plan amendment impedes the Everglades restoration 130 and protection objectives identified in s. 373.4592. The 131 department shall provide written notice of its determination to 132 the local government within 30 days after receipt of the plan or 133 plan amendment. The department shall work in coordination with 134 the local government to identify measures the local government 135 may take to eliminate, reduce, or mitigate any adverse impacts 136 to Everglades restoration and protection. 137 (f)(e)Local government review of comments; adoption of 138 plan or amendments and transmittal.— 139 1. The local government shall review the report submitted 140 to it by the state land planning agency, if any, and written 141 comments submitted to it by any other person, agency, or 142 government. The local government, upon receipt of the report 143 from the state land planning agency, shall hold aitssecond 144 public hearing, which shall be a hearingto determine whether to 145 adopt the comprehensive plan or one or more comprehensive plan 146 amendments pursuant to subsection (11). If the local government 147 fails to hold the second hearing within 180 days after receipt 148 of the state land planning agency’s report, the amendments must 149shallbe deemed withdrawn unless extended by agreement with 150 notice to the state land planning agency and any affected person 151 that provided comments on the amendment. The 180-day limitation 152 does not apply to amendments processed pursuant to s. 380.06. 153 2. All comprehensive plan amendments adopted by the 154 governing body, along with the supporting data and analysis, 155 mustshallbe transmitted within 10 working days after the 156 second public hearing to the state land planning agency and any 157 other agency or local government that provided timely comments 158 under paragraph (c). Comprehensive plan amendments adopted by 159 the governing body of a local government whose boundaries 160 include any portion of the Everglades Protection Area as defined 161 in s. 373.4592(2) must be additionally transmitted within 10 162 working days after the second public hearing to the Department 163 of Environmental Protection. 164 3. The state land planning agency shall notify the local 165 government of any deficiencies within 5 working days after 166 receipt of a plan or plan amendment package. For purposes of 167 completeness, a plan or plan amendment mustshallbe deemed 168 complete if it contains a full, executed copy of the adoption 169 ordinance or ordinances; in the case of a text amendment, a full 170 copy of the amended language in legislative format with new 171 words inserted in the text underlined, and words deleted 172 stricken with hyphens; in the case of a future land use map 173 amendment, a copy of the future land use map clearly depicting 174 the parcel, its existing future land use designation, and its 175 adopted designation; and a copy of any data and analyses the 176 local government deems appropriate. A plan or plan amendment 177 adopted by the governing body of a local government whose 178 boundaries include any portion of the Everglades Protection Area 179 as defined in s. 373.4592(2) may only be deemed complete if it 180 contains a written notice from the Department of Environmental 181 Protection pursuant to paragraph (e) that states the plan or 182 plan amendment does not impede Everglades protection and 183 restoration. 184 4. After the state land planning agency makes a 185 determination of completeness regarding the adopted plan or plan 186 amendment, the state land planning agency shall have 45 days to 187 determine if the plan or plan amendment is in compliance with 188 this act. Unless the plan or plan amendment is substantially 189 changed from the one commented on, the state land planning 190 agency’s compliance determination shall be limited to objections 191 raised in the objections, recommendations, and comments report. 192 During the period provided for in this subparagraph, the state 193 land planning agency shall issue, through a senior administrator 194 or the secretary, a notice of intent to find that the plan or 195 plan amendment is in compliance or not in compliance. The state 196 land planning agency shall post a copy of the notice of intent 197 on the agency’s Internet website. Publication by the state land 198 planning agency of the notice of intent on the state land 199 planning agency’s Internet site shall be prima facie evidence of 200 compliance with the publication requirements of this 201 subparagraph. 202 5. A plan or plan amendment adopted under the state 203 coordinated review process shall go into effect pursuant to the 204 state land planning agency’s notice of intent. If timely 205 challenged, an amendment does not become effective until the 206 state land planning agency or the Administration Commission 207 enters a final order determining the adopted amendment to be in 208 compliance. 209 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN 210 AMENDMENTS.— 211 (b) The state land planning agency may file a petition with 212 the Division of Administrative Hearings pursuant to ss. 120.569 213 and 120.57, with a copy served on the affected local government, 214 to request a formal hearing to challenge whether the plan or 215 plan amendment is in compliance as defined in paragraph (1)(b). 216 The state land planning agency’s petition must clearly state the 217 reasons for the challenge. Under the expedited state review 218 process, this petition must be filed with the division within 30 219 days after the state land planning agency notifies the local 220 government that the plan amendment package is complete according 221 to subparagraph (3)(c)3. Under the state coordinated review 222 process, this petition must be filed with the division within 45 223 days after the state land planning agency notifies the local 224 government that the plan amendment package is complete according 225 to subparagraph (4)(f)3.(4)(e)3.226 1. The state land planning agency’s challenge to plan 227 amendments adopted under the expedited state review process 228 shall be limited to the comments provided by the reviewing 229 agencies pursuant to subparagraphs (3)(b)2.-4., upon a 230 determination by the state land planning agency that an 231 important state resource or facility will be adversely impacted 232 by the adopted plan amendment. The state land planning agency’s 233 petition mustshallstate with specificity how the plan 234 amendment will adversely impact the important state resource or 235 facility. The state land planning agency may challenge a plan 236 amendment that has substantially changed from the version on 237 which the agencies provided comments but only upon a 238 determination by the state land planning agency that an 239 important state resource or facility will be adversely impacted. 240 2. If the state land planning agency issues a notice of 241 intent to find the comprehensive plan or plan amendment not in 242 compliance with this act, the notice of intent shall be 243 forwarded to the Division of Administrative Hearings of the 244 Department of Management Services, which shall conduct a 245 proceeding under ss. 120.569 and 120.57 in the county of and 246 convenient to the affected local jurisdiction. The parties to 247 the proceeding shall be the state land planning agency, the 248 affected local government, and any affected person who 249 intervenes. ANonew issue may not be alleged as a reason to 250 find a plan or plan amendment not in compliance in an 251 administrative pleading filed more than 21 days after 252 publication of notice unless the party seeking that issue 253 establishes good cause for not alleging the issue within that 254 time period. Good cause does not include excusable neglect. 255 (11) PUBLIC HEARINGS.— 256 (a) The procedure for transmittal of a complete proposed 257 comprehensive plan or plan amendment pursuant to subparagraph 258 (3)(b)1. and paragraph (4)(b) and for adoption of a 259 comprehensive plan or plan amendment pursuant to subparagraphs 260 (3)(c)1. and (4)(f)1.(4)(e)1.shall be by affirmative vote of 261 not less than a majority of the members of the governing body 262 present at the hearing. The adoption of a comprehensive plan or 263 plan amendment shall be by ordinance. For the purposes of 264 transmitting or adopting a comprehensive plan or plan amendment, 265 the notice requirements in chapters 125 and 166 are superseded 266 by this subsection, except as provided in this part. 267 Section 2. Subsection (9) of section 420.5095, Florida 268 Statutes, is amended to read: 269 420.5095 Community Workforce Housing Innovation Pilot 270 Program.— 271 (9) Notwithstanding s. 163.3184(4)(b)-(d), any local 272 government comprehensive plan amendment to implement a Community 273 Workforce Housing Innovation Pilot Program project found 274 consistent with this section shall be expedited as provided in 275 this subsection. At least 30 days beforeprior toadopting a 276 plan amendment under this subsection, the local government shall 277 notify the state land planning agency of its intent to adopt 278 such an amendment, and the notice shall include its evaluation 279 related to site suitability and availability of facilities and 280 services. The public notice of the hearing required by s. 281 163.3184(11)(b)2. shall include a statement that the local 282 government intends to use the expedited adoption process 283 authorized by this subsection. Such amendments shall require 284 only asinglepublichearing before the governing board, which285shall be anadoption hearing as described in s. 163.3184(4)(f) 286 before the governing boards. 163.3184(4)(e). Any further 287 proceedings shall be governed by s. 163.3184(5)-(13). 288 Section 3. This act shall take effect July 1, 2020.