HB 775 — Everglades Protection Area

373.4592.

The department shall issue a written determination to the state land planning agency, the local government, and all federally recognized Indian tribes in the state within 30 days after receipt of the proposed plan or plan amendment.

The determination shall identify any adverse impacts and may be provided as part of the agency's comments pursuant to paragraph (c).

Before the adoption of the proposed plan or plan amendment, the department shall work in coordination with the state land planning agency, the local government, and all federally recognized Indian tribes in the state to identify any planning strategies or measures that the local government could include in the proposed plan or plan amendment to eliminate or mitigate any adverse impacts to the Everglades Protection Area or the Everglades restoration and protection objectives in s.

373.4592.

If the department determines that any portion of the proposed plan or plan amendment will adversely impact the Everglades Protection Area or the Everglades restoration and protection objectives Page 5 of 15 CODING:

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words underlined are additions.

hb0775-01-c1 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 CS/HB 775 2020 identified in s.

373.4592, the local government shall modify that portion of the proposed plan or plan amendment to include planning strategies or measures to eliminate or mitigate such adverse impacts before adopting the proposed plan or plan amendment or that portion of the proposed plan or plan amendment may not be adopted.

(e)(d) State land planning agency review.— 1.

Any objection regarding an important state resource or facility that will be adversely impacted by the adopted plan or plan amendment must shall also state with specificity how the plan or plan amendment Pagewill 4adversely ofimpact 12the CODING:important state resource or facility and must shall identify measures the local government may take to eliminate, reduce, or mitigate the adverse impacts.

When a federal, state, or regional agency has implemented a permitting Page 6 of 15 CODING:

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When a federal, state, or regional agency has implemented a permitting program, a local government is not required to duplicate or exceed that permitting program in its comprehensive plan or to implement such a permitting program in its land development regulations.

(e) Everglades Protection Area determinations.—For a plan or plan amendment adopted by the governing body of a local government whose boundaries include any portion of the Everglades Protection Area as defined in s.

373.4592(2), the Page 5 of 12 CODING:

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hb0775-00 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 HB 775 2020 Department of Environmental Protection shall determine whether the plan or plan amendment impedes the Everglades restoration and protection objectives identified in s.

373.4592.

The department shall provide written notice of its determination to the local government within 30 days after receipt of the plan or plan amendment.

The department shall work in coordination with the local government to identify measures the local government may take to eliminate, reduce, or mitigate any adverse impacts to Everglades restoration and protection.

The local government, upon receipt of the report from the state land planning agency, shall hold a its second public hearing, which shall be a hearing to determine whether to adoptPage the7 comprehensiveof plan15 orCODING: one or more comprehensive plan amendments pursuant to subsection (11).

Words stricken are deletions;

words underlined are additions.

hb0775-01-c1 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 CS/HB 775 2020 adopt the comprehensive plan or one or more comprehensive plan amendments pursuant to subsection (11).

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hb0775-00 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 HB 775 2020 2.

Comprehensive plan amendments adoptedthat byapply theto governingany bodyland ofwithin, aor localwithin government2 whosemiles boundariesof, include any portion of the Everglades Protection Area as defined in s.

in the case of a text amendment, a full copy of the amended language in legislative format with new wordsPage inserted8 inof the15 textCODING: underlined, and words deleted stricken with hyphens;

in the case of a future land use map amendment, a copy of the future land use map clearly depicting the parcel, its existing future land use designation, and its adopted designation;

and a copy of any data and analyses the local government deems appropriate.

A plan or plan amendment adopted by the governing body of a local government whose Page 7 of 12 CODING:

hb0775-00hb0775-01-c1 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 HBCS/HB 775 2020 boundarieswords includeinserted anyin portion of the Evergladestext Protectionunderlined, Areaand aswords defineddeleted instricken s.with hyphens;

373.4592(2)in maythe onlycase beof deemeda completefuture ifland ituse containsmap amendment, a writtencopy noticeof from the Departmentfuture ofland Environmentaluse Protectionmap pursuantclearly todepicting paragraph (e) that states the planparcel, orits planexisting amendmentfuture doesland notuse impededesignation, Evergladesand protectionits andadopted restoration.designation;

and a copy of any data and analyses the local government deems appropriate.

Unless the plan or plan amendment is substantially changed from the one commented on, the state land planning agency's compliance determination shall be limited to objections raised in the objections, recommendations, and comments report.report and the review of planning strategies or measures adopted pursuant to paragraph (d).

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A plan or plan amendment adopted under the state Page 8 of 12 CODING:

hb0775-00hb0775-01-c1 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 HBCS/HB 775 2020 coordinated5. review process shall go into effect pursuant to the state land planning agency's notice of intent.

A plan or plan amendment adopted under the state coordinated review process shall go into effect pursuant to the state land planning agency's notice of intent.

The state land planning agency's challenge to plan amendments adopted under the expedited state review process Page 910 of 1215 CODING:

hb0775-00hb0775-01-c1 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 HBCS/HB 775 2020 amendments adopted under the expedited state review process shall be limited to the comments provided by the reviewing agencies pursuant to subparagraphs (3)(b)2.-4., upon a determination by the state land planning agency that an important state resource or facility will be adversely impacted by the adopted plan amendment.

A No new issue may not be alleged as a reason to find a plan or plan amendment not in compliance in an administrative pleading filed more than 21 days after publication of notice unless the party seeking that issue Page 1011 of 1215 CODING:

hb0775-00hb0775-01-c1 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 HBCS/HB 775 2020 publication of notice unless the party seeking that issue establishes good cause for not alleging the issue within that time period.

Subsections (1), (2), and (3) of section 163.3187, Florida Statutes, are amended to read:

163.3187 Process for adoption of small-scale comprehensive plan amendment.— (1) A small scale development amendment may be adopted under the following conditions:

(a) The proposed amendment involves a use of 10 acres or fewer and:

(b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's Page 12 of 15 CODING:

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words underlined are additions.

hb0775-01-c1 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 CS/HB 775 2020 comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity.

However, site-specific text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section.

(c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s.

420.0004(3), and is located within an area of critical state concern designated by s.

380.0552 or by the Administration Commission pursuant to s.

380.05(1).

(d) The property that is the subject of the proposed amendment is not located in whole or in part within, or within two miles of, the Everglades Protection Area as defined in s.

373.4592.

(2) Small scale development amendments adopted pursuant to this section require only one public hearing before the governing board, which shall be an adoption hearing as described in s.

163.3184(11).

Within 10 days after the adoption of a small scale development amendment, a county whose boundaries include any portion of the Everglades Protection Area designated under s.

373.4592, and the municipalities within the county, shall transmit a copy of the amendment to the state land planning Page 13 of 15 CODING:

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words underlined are additions.

hb0775-01-c1 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 CS/HB 775 2020 agency for recordkeeping purposes.

(3) If the small scale development amendment involves a site within a rural area of opportunity as defined under s.

288.0656(2)(d) for the duration of such designation, the 10-acre limit listed in subsection (1) shall be increased by 100 percent to 20 acres.

The local government approving the small scale plan amendment shall certify to the state land planning agency that the plan amendment furthers the economic objectives set forth in the executive order issued under s.

288.0656(7), and the property subject to the plan amendment shall undergo public review to ensure that all concurrency requirements and federal, state, and local environmental permit requirements are met.

Section 3.

163.3184(4)(b), (c), or (e) s.

At least 30 days before prior to adopting a plan amendment under this subsection, the local government shall notify the state land planning agency of its intent to adopt such an amendment, and the notice shall include its evaluation related to site suitability and Page 1114 of 1215 CODING:

hb0775-00hb0775-01-c1 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 HBCS/HB 775 2020 such an amendment, and the notice shall include its evaluation related to site suitability and availability of facilities and services.

Section 3.4.

Subsection (5) of section 420.615, Florida Statutes, is amended to read:

420.615 Affordable housing land donation density bonus incentives.— (5) The local government, as part of the approval process, shall adopt a comprehensive plan amendment, pursuant to part II of chapter 163, for the receiving land that incorporates the density bonus.

Such amendment shall be adopted in the manner as required for small-scale amendments pursuant to s.

163.3187 and is not subject to the requirements of s.

163.3184(4)(b), (c), or (e) s.

163.3184(4)(b)-(d).

Section 5.

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