2011 Legislation 163 Revision 1 31 11 Redline


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Outline of FL Chapter 163 Revisions

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2011 Legislation 163 Revision 1 31 11 Redline

  1. 1. Draft 1/31/11FLORIDA STATUTESChapter 163, Part II163.2511 Urban infill and redevelopment.--(1) Sections 163.2511-163.2526 may be cited as the "Growth Policy Act."(2) It is declared that:(a) Fiscally strong urban centers are beneficial to regional and state economies and resources, are a method forreduction of future urban sprawl, and should be promoted by state, regional, and local governments.(b) The health and vibrancy of the urban cores benefit their respective regions and the state; conversely, thedeterioration of those urban cores negatively impacts the surrounding area and the state.(c) In recognition of the interwoven destiny between the urban center, the suburbs, the region, and the state, therespective governments need to establish a framework and work in partnership with communities and the privatesector to revitalize urban centers.(d) State urban policies should guide the state, regional agencies, local governments, and the private sector inpreserving and redeveloping existing urban cores and promoting the adequate provision of infrastructure, humanservices, safe neighborhoods, educational facilities, and economic development to sustain these cores into the future.(e) Successfully revitalizing and sustaining the urban cores is dependent on addressing, through an integrated andcoordinated community effort, a range of varied components essential to a healthy urban environment, includingcultural, educational, recreational, economic, transportation, and social service components.(f) Infill development and redevelopment are recognized to be important components and useful mechanisms forpromoting and sustaining urban cores. State and regional entities and local governments should provide incentives topromote urban infill and redevelopment. Existing programs and incentives should be integrated to the extentpossible to promote urban infill and redevelopment and to achieve the goals of the state urban policy.History.--s. 1, ch. 99-378.163.2514 Growth Policy Act; definitions.--As used in ss. 163.2511-163.2526:(1) "Local government" means any county or municipality.(2) "Urban infill and redevelopment area" means an area or areas designated by a local government where:(a) Public services such as water and wastewater, transportation, schools, and recreation are already available or arescheduled to be provided in an adopted 5-year schedule of capital improvements;(b) The area, or one or more neighborhoods within the area, suffers from pervasive poverty, unemployment, andgeneral distress as defined by s. 290.0058;(c) The area exhibits a proportion of properties that are substandard, overcrowded, dilapidated, vacant orabandoned, or functionally obsolete which is higher than the average for the local government; 1
  2. 2. (d) More than 50 percent of the area is within 1/4 mile of a transit stop, or a sufficient number of such transit stopswill be made available concurrent with the designation; and(e) The area includes or is adjacent to community redevelopment areas, brownfields, enterprise zones, or MainStreet programs, or has been designated by the state or Federal Government as an urban redevelopment,revitalization, or infill area under empowerment zone, enterprise community, or brownfield showcase communityprograms or similar programs.163.2517 Designation of urban infill and redevelopment area.--(1) A local government may designate a geographic area or areas within its jurisdiction as an urban infill andredevelopment area for the purpose of targeting economic development, job creation, housing, transportation, crimeprevention, neighborhood revitalization and preservation, and land use incentives to encourage urban infill andredevelopment within the urban core.(2)(a) As part of the preparation and implementation of an urban infill and redevelopment plan, a collaborative andholistic community participation process must be implemented to include each neighborhood within the areatargeted for designation as an urban infill and redevelopment area. The objective of the community participationprocess is to encourage communities within the proposed urban infill and redevelopment area to participate in thedesign and implementation of the plan, including a "visioning" of the urban core, before redevelopment.(b)1. A neighborhood participation process must be developed to provide for the ongoing involvement ofstakeholder groups including, but not limited to, community-based organizations, neighborhood associations,financial institutions, faith organizations, housing authorities, financial institutions, existing businesses, businessesinterested in operating in the community, schools, and neighborhood residents, in preparing and implementing theurban infill and redevelopment plan.2. The neighborhood participation process must include a governance structure whereby the local governmentshares decisionmaking authority for developing and implementing the urban infill and redevelopment plan withcommunitywide representatives. For example, the local government and community representatives could organizea corporation under s. 501(c)(3) of the Internal Revenue Code to implement specific redevelopment projects.(3) A local government seeking to designate a geographic area within its jurisdiction as an urban infill andredevelopment area shall prepare a plan that describes the infill and redevelopment objectives of the localgovernment within the proposed area. In lieu of preparing a new plan, the local government may demonstrate that anexisting plan or combination of plans associated with a community redevelopment area, Florida Main Streetprogram, Front Porch Florida Community, sustainable community, enterprise zone, or neighborhood improvementdistrict includes the factors listed in paragraphs (a)-(n), including a collaborative and holistic communityparticipation process, or amend such existing plans to include these factors. The plan shall demonstrate the localgovernment and communitys commitment to comprehensively address the urban problems within the urban infilland redevelopment area and identify activities and programs to accomplish locally identified goals such as codeenforcement; improved educational opportunities; reduction in crime; neighborhood revitalization and preservation;provision of infrastructure needs, including mass transit and multimodal linkages; and mixed-use planning topromote multifunctional redevelopment to improve both the residential and commercial quality of life in the area.The plan shall also:(a) Contain a map depicting the geographic area or areas to be included within the designation.(b) Confirm that the infill and redevelopment area is within an area designated for urban uses in the localgovernments comprehensive plan.(c) Identify and map existing enterprise zones, community redevelopment areas, community developmentcorporations, brownfield areas, downtown redevelopment districts, safe neighborhood improvement districts, 2
  3. 3. historic preservation districts, and empowerment zones or enterprise communities located within the area proposedfor designation as an urban infill and redevelopment area and provide a framework for coordinating infill andredevelopment programs within the urban core.(d) Identify a memorandum of understanding between the district school board and the local governmentjurisdiction regarding public school facilities located within the urban infill and redevelopment area to identify howthe school board will provide priority to enhancing public school facilities and programs in the designated area,including the reuse of existing buildings for schools within the area.(e) Identify each neighborhood within the proposed area and state community preservation and revitalization goalsand projects identified through a collaborative and holistic community participation process and how such projectswill be implemented.(f) Identify how the local government and community-based organizations intend to implement affordable housingprograms, including, but not limited to, economic and community development programs administered by federaland state agencies, within the urban infill and redevelopment area.(g) Identify strategies for reducing crime.(h) If applicable, provide guidelines for the adoption of land development regulations specific to the urban infill andredevelopment area which include, for example, setbacks and parking requirements appropriate to urbandevelopment.(i) Identify and map any existing transportation concurrency exception areas and any relevant public transportationcorridors designated by a metropolitan planning organization in its long-range transportation plans or by the localgovernment in its comprehensive plan for which the local government seeks designation as a transportationconcurrency exception area. For those areas, describe how public transportation, pedestrian ways, and bikeways willbe implemented as an alternative to increased automobile use.(j) Identify and adopt a package of financial and local government incentives which the local government will offerfor new development, expansion of existing development, and redevelopment within the urban infill andredevelopment area. Examples of such incentives include:1. Waiver of license and permit fees.2. Exemption of sales made in the urban infill and redevelopment area from local option sales surtaxes imposedpursuant to s. 212.055.3. Waiver of delinquent local taxes or fees to promote the return of property to productive use.4. Expedited permitting.5. Lower transportation impact fees for development which encourages more use of public transit, pedestrian, andbicycle modes of transportation.6. Prioritization of infrastructure spending within the urban infill and redevelopment area.7. Local government absorption of developers concurrency costs.In order to be authorized to recognize the exemption from local option sales surtaxes pursuant to subparagraph 2.,the owner, lessee, or lessor of the new development, expanding existing development, or redevelopment within theurban infill and redevelopment area must file an application under oath with the governing body having jurisdictionover the urban infill and redevelopment area where the business is located. The application must include the name 3
  4. 4. and address of the business claiming the exclusion from collecting local option surtaxes; an address and assessmentroll parcel number of the urban infill and redevelopment area for which the exemption is being sought; a descriptionof the improvements made to accomplish the new development, expanding development, or redevelopment of thereal property; a copy of the building permit application or the building permit issued for the development of the realproperty; a new application for a certificate of registration with the Department of Revenue with the address of thenew development, expanding development, or redevelopment; and the location of the property. The localgovernment must review and approve the application and submit the completed application and documentationalong with a copy of the ordinance adopted pursuant to subsection (5) to the Department of Revenue in order for thebusiness to become eligible to make sales exempt from local option sales surtaxes in the urban infill andredevelopment area.(k) Identify how activities and incentives within the urban infill and redevelopment area will be coordinated andwhat administrative mechanism the local government will use for the coordination.(l) Identify how partnerships with the financial and business community will be developed.(m) Identify the governance structure that the local government will use to involve community representatives inthe implementation of the plan.(n) Identify performance measures to evaluate the success of the local government in implementing the urban infilland redevelopment plan.(4) In order for a local government to designate an urban infill and redevelopment area, it must amend itscomprehensive land use plan under s. 163.3187 to delineate the boundaries of the urban infill and redevelopmentarea within the future land use element of its comprehensive plan pursuant to its adopted urban infill andredevelopment plan. The state land planning agency shall review the boundary delineation of the urban infill andredevelopment area in the future land use element under s. 163.3184. However, an urban infill and redevelopmentplan adopted by a local government is not subject to review for compliance as defined by s. 163.3184(1)(b), and thelocal government is not required to adopt the plan as a comprehensive plan amendment. An amendment to the localcomprehensive plan to designate an urban infill and redevelopment area is exempt from the twice-a-year amendmentlimitation of s. 163.3187.(5) After the preparation of an urban infill and redevelopment plan or designation of an existing plan, the localgovernment shall adopt the plan by ordinance. Notice for the public hearing on the ordinance must be in the formestablished in s. 166.041(3)(c)2. for municipalities, and s. 125.66(4)(b)2. for counties.(6)(a) In order to continue to be eligible for the economic and regulatory incentives granted with respect to an urbaninfill and redevelopment area, the local government must demonstrate during the evaluation, assessment, and reviewof its comprehensive plan required pursuant to s. 163.3191, that within designated urban infill and redevelopmentareas, the amount of combined annual residential, commercial, and institutional development has increased by atleast 10 percent.(b) If the local government fails to implement the urban infill and redevelopment plan in accordance with thedeadlines set forth in the plan, the Department of Community Affairs may seek to rescind the economic andregulatory incentives granted to the urban infill and redevelopment area, subject to the provisions of chapter 120.The action to rescind may be initiated 90 days after issuing a written letter of warning to the local government.163.2520 Economic incentives.--(1) A local government with an adopted urban infill and redevelopment plan or plan employed in lieu thereof mayissue revenue bonds under s. 163.385 and employ tax increment financing under s. 163.387 for the purpose offinancing the implementation of the plan, except that in a charter county such incentives shall be employedconsistent with the provisions of s. 163.410. 4
  5. 5. (2) A local government with an adopted urban infill and redevelopment plan or plan employed in lieu thereof mayexercise the powers granted under s. 163.514 for community redevelopment neighborhood improvement districts,including the authority to levy special assessments.(3) Prior to June 1 each year, areas designated by a local government as urban infill and redevelopment areas shallbe given a priority in the allocation of private activity bonds from the state pool pursuant to s. 159.807.163.2523 Grant program.--An Urban Infill and Redevelopment Assistance Grant Program is created for localgovernments. A local government may allocate grant money to special districts, including communityredevelopment agencies, and nonprofit community development organizations to implement projects consistent withan adopted urban infill and redevelopment plan or plan employed in lieu thereof. Thirty percent of the generalrevenue appropriated for this program shall be available for planning grants to be used by local governments for thedevelopment of an urban infill and redevelopment plan, including community participation processes for the plan.Sixty percent of the general revenue appropriated for this program shall be available for fifty/fifty matching grantsfor implementing urban infill and redevelopment projects that further the objectives set forth in the localgovernments adopted urban infill and redevelopment plan or plan employed in lieu thereof. The remaining 10percent of the revenue must be used for outright grants for implementing projects requiring an expenditure of under$50,000. If the volume of fundable applications under any of the allocations specified in this section does not fullyobligate the amount of the allocation, the Department of Community Affairs may transfer the unused balance to thecategory having the highest dollar value of applications eligible but unfunded. However, in no event may thepercentage of dollars allocated to outright grants for implementing projects exceed 20 percent in any given fiscalyear. Projects that provide employment opportunities to clients of the WAGES program and projects within urbaninfill and redevelopment areas that include a community redevelopment area, Florida Main Street program, FrontPorch Florida Community, sustainable community, enterprise zone, federal enterprise zone, enterprise community,or neighborhood improvement district must be given an elevated priority in the scoring of competing grantapplications. The Division of Housing and Community Development of the Department of Community Affairs shalladminister the grant program. The Department of Community Affairs shall adopt rules establishing grant reviewcriteria consistent with this section.History.--s. 1, ch. 99-378; s. 20, ch. 2000-317.163.2526 Review and evaluation.--Before the 2004 Regular Session of the Legislature, the Office of ProgramPolicy Analysis and Government Accountability shall perform a review and evaluation of ss. 163.2511-163.2526,including the financial incentives listed in s. 163.2520. The report must evaluate the effectiveness of the designationof urban infill and redevelopment areas in stimulating urban infill and redevelopment and strengthening the urbancore. A report of the findings and recommendations of the Office of Program Policy Analysis and GovernmentAccountability shall be submitted to the President of the Senate and the Speaker of the House of Representativesbefore the 2004 Regular Session of the Legislature.History.--s. 1, ch. 99-378.163.3161 Short title; intent and purpose.--(1) This part shall be known and may be cited as the "Local Government Comprehensive Community Planning andLand Development Regulation Act of 2011."(2) In conformity with, and in furtherance of, the purpose of the Florida Environmental Land and WaterManagement Act of 1972, chapter 380, it is the purpose of this act to utilize and strengthen the existing role,processes, and powers of local governments in the establishment and implementation of comprehensive planningprograms to guide and control future development. 5
  6. 6. (32) It is the intent of this act that its adoption is necessary so that local governments can preserve and enhancepresent advantages; encourage the most appropriate use of land, water, and resources, consistent with the publicinterest; overcome present handicaps; and deal effectively with future problems that may result from the use anddevelopment of land within their jurisdictions. Through the process of comprehensive planning, it is intended thatthe ability of units of local government can to preserve, promote, protect, and improve the public health, safety,comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; preventthe overcrowding of land and avoid undue concentration of population; facilitate the adequate and efficientprovision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirementsand services; and conserve, develop, utilize, and protect natural resources within their jurisdictions be recognizedand enhanced.(43) It is the intent of this act to encourage and assure cooperation between and among municipalities and countiesand to encourage and assure coordination of planning and development activities of units of local government withthe planning activities of regional agencies and state government in accord with applicable provisions of law.(54) It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and thatno public or private development shall be permitted except in conformity with comprehensive plans, or elements orportions thereof, prepared and adopted in conformity with this act.(65) It is the intent of this act that the activities of units of local government in the preparation and adoption ofcomprehensive plans, or elements or portions therefor, shall be conducted in conformity with the provisions of thisact.(76) The provisions of this act in their interpretation and application are declared to be the minimum requirementsnecessary to accomplish the stated intent, purposes, and objectives of this act; to protect human, environmental,social, and economic resources; and to maintain, through orderly growth and development, the character andstability of present and future land use and development in this state.(87) It is the intent of the Legislature that the repeal of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Lawsof Florida, and amendments to part II of this Chapter by chapter 2011-__, Laws of Florida shall not be interpreted tolimit or restrict the powers of municipal or county officials, but shall be interpreted as a recognition of their broadstatutory and constitutional powers to plan for and regulate the use of land. It is, further, the intent of the Legislatureto reconfirm that ss. 163.3161 through 163.3215, as amended by chapter 2011-__, Laws of Florida have providedand do provide the necessary statutory direction and basis for municipal and county officials to carry out theircomprehensive planning and land development regulation powers, duties, and responsibilities.(98) It is the intent of the Legislature that all governmental entities in this state recognize and respect judiciallyacknowledged or constitutionally protected private property rights. It is the intent of the Legislature that all rules,ordinances, regulations, and programs adopted under the authority of this act must be developed, promulgated,implemented, and applied with sensitivity for private property rights and not be unduly restrictive, and propertyowners must be free from actions by others which would harm their property. Full and just compensation or otherappropriate relief must be provided to any property owner for a governmental action that is determined to be aninvalid exercise of the police power which constitutes a taking, as provided by law. Any such relief must bedetermined in a judicial action.(9) The Department of Community Affairs shall be dismissed as a party to any administrative or judicialproceeding to adjudicate issues pursuant to Section 163.3184, 163.3187 or 163.3189 pending on the effective date ofthis legislation. For such proceedings, if no party has been aligned with the Department, the case shall be dismissed.As to proceedings in which a party is aligned with the Department, the proceeding shall be allowed to continue onlyif such party is an affected person who intervened in the proceedings within 21 days after publication of the noticeof intent by the Department to find the amendment in compliance or not in compliance as defined in this act. Allother proceedings shall be dismissed, and the decision of the local government shall be deemed final. In any suchproceedings which continue after the effective date of this legislation, the local plan or plan amendment shall bedetermined to be incompliance if the local government’s determination of compliance is fairly debatable. 6
  7. 7. 163.3162 Agricultural Lands and Practices Act.--(1) SHORT TITLE.--This section may be cited as the "Agricultural Lands and Practices Act."(2) LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature finds that agricultural production is a majorcontributor to the economy of the state; that agricultural lands constitute unique and irreplaceable resources ofstatewide importance; that the continuation of agricultural activities preserves the landscape and environmentalresources of the state, contributes to the increase of tourism, and furthers the economic self-sufficiency of the peopleof the state; and that the encouragement, development, and improvement of agriculture will result in a generalbenefit to the health, safety, and welfare of the people of the state. It is the purpose of this act to protect reasonableagricultural activities conducted on farm lands from duplicative regulation.(3) DEFINITIONS.--As used in this section, the term:(a) "Farm" is as defined in s. 823.14.(b) "Farm operation" is as defined in s. 823.14.(c) "Farm product" means any plant, as defined in s. 581.011, or animal useful to humans and includes, but is notlimited to, any product derived therefrom.(4) DUPLICATION OF REGULATION.--Except as otherwise provided in this section and s. 487.051(2), andnotwithstanding any other law, including any provision of chapter 125 or this chapter, a county may not exercise anyof its powers to adopt any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwiselimit an activity of a bona fide farm operation on land classified as agricultural land pursuant to s. 193.461, if suchactivity is regulated through implemented best management practices, interim measures, or regulations developed bythe Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a watermanagement district and adopted under chapter 120 as part of a statewide or regional program; or if such activity isexpressly regulated by the United States Department of Agriculture, the United States Army Corps of Engineers, orthe United States Environmental Protection Agency.(a) When an activity of a farm operation takes place within a wellfield protection area as defined in any wellfieldprotection ordinance adopted by a county, and the implemented best management practice, regulation, or interimmeasure does not specifically address wellfield protection, a county may regulate that activity pursuant to suchordinance. This subsection does not limit the powers and duties provided for in s. 373.4592 or limit the powers andduties of any county to address an emergency as provided for in chapter 252.(b) This subsection may not be construed to permit an existing farm operation to change to a more excessive farmoperation with regard to traffic, noise, odor, dust, or fumes where the existing farm operation is adjacent to anestablished homestead or business on March 15, 1982.(c) This subsection does not limit the powers of a predominantly urbanized county with a population greater than1,500,000 and more than 25 municipalities, not operating under a home rule charter adopted pursuant to ss. 10, 11,and 24, Art. VIII of the Constitution of 1885, as preserved by s. 6(e), Art. VIII of the Constitution of 1968, whichhas a delegated pollution control program under s. 403.182 and includes drainage basins that are part of theEverglades Stormwater Program, to enact ordinances, regulations, or other measures to comply with the provisionsof s. 373.4592, or which are necessary to carrying out a countys duties pursuant to the terms and conditions of anyenvironmental program delegated to the county by agreement with a state agency.(d) For purposes of this subsection, a county ordinance that regulates the transportation or land application ofdomestic wastewater residuals or other forms of sewage sludge shall not be deemed to be duplication of regulation. 7
  8. 8. (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The owner of a parcel of landdefined as an agricultural enclave under s. 163.3164(33) may apply for an amendment to the local governmentcomprehensive plan pursuant to s. 163.3187. Such amendment is presumed to be consistent with rule 9J-5.006(5),Florida Administrative Code,discourage urban sprawl and may include land uses and intensities of use that areconsistent with the uses and intensities of use of the industrial, commercial, or residential areas that surround theparcel. This presumption may be rebutted by clear and convincing evidence. Each application for a comprehensiveplan amendment under this subsection for a parcel larger than 640 acres must include appropriate new urbanismconcepts such as clustering, mixed-use development, the creation of rural village and city centers, and the transfer ofdevelopment rights in order to discourage urban sprawl while protecting landowner rights.(a) The local government and the owner of a parcel of land that is the subject of an application for an amendmentshall have 180 days following the date that the local government receives a complete application to negotiate ingood faith to reach consensus on the land uses and intensities of use that are consistent with the uses and intensitiesof use of the industrial, commercial, or residential areas that surround the parcel. Within 30 days after the localgovernments receipt of such an application, the local government and owner must agree in writing to a schedule forinformation submittal, public hearings, negotiations, and final action on the amendment, which schedule maythereafter be altered only with the written consent of the local government and the owner. Compliance with theschedule in the written agreement constitutes good faith negotiations for purposes of paragraph (c).(b) Upon conclusion of good faith negotiations under paragraph (a), regardless of whether the local government andowner reach consensus on the land uses and intensities of use that are consistent with the uses and intensities of useof the industrial, commercial, or residential areas that surround the parcel, the amendment may be adopted by thelocal government.must be transmitted to the state land planning agency for review pursuant to s. 163.3184. If thelocal government fails to transmit the amendment within 180 days after receipt of a complete application, theamendment must be immediately transferred to the state land planning agency for such review at the first availabletransmittal cycle. A plan amendment transmitted to the state land planning agency submitted adopted in conformitywith under this subsection is presumed to be consistent with rule 9J-5.006(5), Florida AdministrativeCodediscourage urban sprawl. This presumption may be rebutted by clear and convincing evidence.(c) If the owner fails to negotiate in good faith, a plan amendment submitted under this subsection is not entitled tothe rebuttable presumption under this subsection in the negotiation and amendment process.(d) Nothing within this subsection relating to agricultural enclaves shall preempt or replace any protection currentlyexisting for any property located within the boundaries of the following areas:1. The Wekiva Study Area, as described in s. 369.316; or2. The Everglades Protection Area, as defined in s. 373.4592(2).163.3164 Local Government Comprehensive Community Planning and Land Development Regulation Act of2011; definitions.--As used in this act:(1) "Administration Commission" means the Governor and the Cabinet, and for purposes of this chapter thecommission shall act on a simple majority vote, except that for purposes of imposing the sanctions provided in s.163.3184(11)163.32465(6), affirmative action shall require the approval of the Governor and at least three two othermembers of the commission.(2) "Area" or "area of jurisdiction" means the total area qualifying under the provisions of this act, whether this beall of the lands lying within the limits of an incorporated municipality, lands in and adjacent to incorporatedmunicipalities, all unincorporated lands within a county, or areas comprising combinations of the lands inincorporated municipalities and unincorporated areas of counties. 8
  9. 9. (3) "Coastal area" means the 35 coastal counties and all coastal municipalities within their boundaries designatedcoastal by the state land planning agency. .(4) "Comprehensive plan" means a plan that meets the requirements of ss. 163.3177 and 163.3178.(5) "Developer" means any person, including a governmental agency, undertaking any development as defined inthis act.(6) "Development" has the meaning given it in s. 380.04.(7) "Development order" means any order granting, denying, or granting with conditions an application for adevelopment permit.(8) "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning,certification, special exception, variance, or any other official action of local government having the effect ofpermitting the development of land.(9) "Governing body" means the board of county commissioners of a county, the commission or council of anincorporated municipality, or any other chief governing body of a unit of local government, however designated, orthe combination of such bodies where joint utilization of the provisions of this act is accomplished as providedherein.(10) "Governmental agency" means:(a) The United States or any department, commission, agency, or other instrumentality thereof.(b) This state or any department, commission, agency, or other instrumentality thereof.(c) Any local government, as defined in this section, or any department, commission, agency, or otherinstrumentality thereof.(d) Any school board or other special district, authority, or governmental entity.(11) "Land" means the earth, water, and air, above, below, or on the surface, and includes any improvements orstructures customarily regarded as land.(12) "Land use" means the development that has occurred on the land, the development that is proposed by adeveloper on the land, or the use that is permitted or permissible on the land under an adopted comprehensive planor element or portion thereof, land development regulations, or a land development code, as the context mayindicate.(13) "Local government" means any county or municipality.(14) "Local planning agency" means the agency designated to prepare the comprehensive plan or plan amendmentsrequired by this act.(15) A "newspaper of general circulation" means a newspaper published at least on a weekly basis and printed inthe language most commonly spoken in the area within which it circulates, but does not include a newspaperintended primarily for members of a particular professional or occupational group, a newspaper whose primaryfunction is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. 9
  10. 10. (16) "Parcel of land" means any quantity of land capable of being described with such definiteness that its locationsand boundaries may be established, which is designated by its owner or developer as land to be used, or developedas, a unit or which has been used or developed as a unit.(17) "Person" means an individual, corporation, governmental agency, business trust, estate, trust, partnership,association, two or more persons having a joint or common interest, or any other legal entity.(18) "Public notice" means notice as required by s. 125.66(2) for a county or by s. 166.041(3)(a) for a municipality.The public notice procedures required in this part are established as minimum public notice procedures.(19) "Regional planning agency" means the agency created pursuant to chapter 186designated by the state landplanning agency to exercise responsibilities under law in a particular region of the state.(20) "State land planning agency" means the Department of Community Affairs Division of Community Planning.(21) "Structure" has the meaning given it by s. 380.031(19).(22) "Land development regulation commission" means a commission designated by a local government to developand recommend, to the local governing body, land development regulations which implement the adoptedcomprehensive plan and to review land development regulations, or amendments thereto, for consistency with theadopted plan and report to the governing body regarding its findings. The responsibilities of the land developmentregulation commission may be performed by the local planning agency.(23) "Land development regulations" means ordinances enacted by governing bodies for the regulation of anyaspect of development and includes any local government zoning, rezoning, subdivision, building construction, orsign regulations or any other regulations controlling the development of land, except that this definition shall notapply in s. 163.3213.(24) "Public facilities" means major capital improvements, including, but not limited to, transportation, sanitarysewer, solid waste, drainage, potable water, educational, parks and recreational facilities, and health systems andfacilities, and spoil disposal sites for maintenance dredging located in the intracoastal waterways, except for spoildisposal sites owned or used by ports listed in s. 403.021(9)(b).(25) "Downtown revitalization" means the physical and economic renewal of a central business district of acommunity as designated by local government, and includes both downtown development and redevelopment.(26) "Urban redevelopment" means demolition and reconstruction or substantial renovation of existing buildings orinfrastructure within urban infill areas, development of greenfields, brownfields, or grayfields within existing urbanservice areas, or development within community redevelopment areas created pursuant to part III.(27) "Urban infill" means the development of vacant parcels in otherwise built-up areas where public facilities suchas sewer systems, roads, schools, and recreation areas are already in place or are planned or committed by the localgovernment or developerand the average residential density is at least five dwelling units per acre, the averagenonresidential intensity is at least a floor area ratio of 1.0 and vacant, developable land does not constitute more than10 percent of the area.(28) "Projects that promote public transportation" means projects that directly affect the provisions of public transit,including transit terminals, transit lines and routes, separate lanes for the exclusive use of public transit services,transit stops (shelters and stations), office buildings or projects that include fixed-rail or transit terminals as part ofthe building, and projects which are transit oriented and designed to complement reasonably proximate planned orexisting public facilities. 10
  11. 11. (29) "Urban service area" means built-up areas where public facilities and services, including, but not limited to,central water and sewer capacity and roads, are already in place or are committed in the first 3 years of the capitalimprovement schedule. In addition, for counties that qualify as dense urban land areas under subsection (34), thenonrural area of a county which has adopted into the county charter a rural area designation or areas identified in thecomprehensive plan as urban service areas or urban growth boundaries on or before July 1, 2009, are also urbanservice areas under this definition.(30) "Transportation corridor management" means the coordination of the planning of designated futuretransportation corridors with land use planning within and adjacent to the corridor to promote orderly growth, tomeet the concurrency requirements of this chapter, and to maintain the integrity of the corridor for transportationpurposes.(31) "Optional sector plan" means an optional process authorized by s. 163.3245 in which one or more localgovernments by agreement with the state land planning agency are allowed to address development-of-regional-impact issues within certain designated geographic areas identified in the local comprehensive plan as a means offostering innovative planning and development strategies in s. 163.3177(11)(a) and (b), furthering the purposes ofthis part and part I of chapter 380, reducing overlapping data and analysis requirements, protecting regionallysignificant resources and facilities, and addressing extrajurisdictional impacts.(32) "Financial feasibility" means that sufficient revenues are currently available or will be available fromcommitted funding sources for the first 3 years, or will be available from committed or planned funding sources foryears 4 and 5, of a 5-year capital improvement schedule for financing capital improvements, such as ad valoremtaxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate tofund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure thatadopted level-of-service standards are achieved and maintained within the period covered by the 5-year schedule ofcapital improvements. A comprehensive plan shall be deemed financially feasible for transportation and schoolfacilities throughout the planning period addressed by the capital improvements schedule if it can be demonstratedthat the level-of-service standards will be achieved and maintained by the end of the planning period even if in aparticular year such improvements are not concurrent as required by s. 163.3180.(33) "Agricultural enclave" means an unincorporated, undeveloped parcel that:(a) Is owned by a single person or entity;(b) Has been in continuous use for bona fide agricultural purposes, as defined by s. 193.461, for a period of 5 yearsprior to the date of any comprehensive plan amendment application;(c) Is surrounded on at least 75 percent of its perimeter by:1. Property that has existing industrial, commercial, or residential development; or2. Property that the local government has designated, in the local governments comprehensive plan, zoning map,and future land use map, as land that is to be developed for industrial, commercial, or residential purposes, and atleast 75 percent of such property is existing industrial, commercial, or residential development;(d) Has public services, including water, wastewater, transportation, schools, and recreation facilities, available orsuch public services are scheduled in the capital improvement element to be provided by the local government orcan be provided by an alternative provider of local government infrastructure in order to ensure consistency withapplicable concurrency provisions of s. 163.3180; and(e) Does not exceed 1,280 acres; however, if the property is surrounded by existing or authorized residentialdevelopment that will result in a density at buildout of at least 1,000 residents per square mile, then the area shall bedetermined to be urban and the parcel may not exceed 4,480 acres. 11
  12. 12. (34) "Dense urban land area" means:(a) A municipality that has an average of at least 1,000 people per square mile of land area and a minimum totalpopulation of at least 5,000;(b) A county, including the municipalities located therein, which has an average of at least 1,000 people per squaremile of land area; or(c) A county, including the municipalities located therein, which has a population of at least 1 million.(d) A new town, as defined in s. 163.3164 (35).The Office of Economic and Demographic Research within the Legislature shall annually calculate the populationand density criteria needed to determine which jurisdictions qualify as dense urban land areas by using the mostrecent land area data from the decennial census conducted by the Bureau of the Census of the United StatesDepartment of Commerce and the latest available population estimates determined pursuant to s. 186.901. If anylocal government has had an annexation, contraction, or new incorporation, the Office of Economic andDemographic Research shall determine the population density using the new jurisdictional boundaries as recorded inaccordance with s. 171.091. The Office of Economic and Demographic Research shall submit to the state landplanning agency a list of jurisdictions that meet the total population and density criteria necessary for designation asa dense urban land area by July 1, 2009, and every year thereafter. The state land planning agency shall publish thelist of jurisdictions on its Internet website within 7 days after the list is received. The designation of jurisdictions thatqualify or do not qualify as a dense urban land area is effective upon publication on the state land planning agencysInternet website. Any local government that qualifies as a dense urban land area shall not thereafter be removedfrom the list of areas that qualify as a dense urban land area.(35) “New town” shall mean an urban activity center and community designated on the future land use map ofsufficient size, population and land use composition to support a variety of economic and social activities consistentwith an urban area designation. New towns shall include basic economic activities; all major land use categories,with the possible exception of agricultural and industrial; and a centrally provided full range of public facilities andservices. A new town shall be based on an adopted master development plan.(36) “Transit oriented development” means a project or projects, in areas identified in a local governmentcomprehensive plan, that shall be served by existing or planned transit service as delineated in the CapitalImprovements Element. These designated areas shall be compact, moderate to high density developments, ofmixed-use character, interconnected with other land uses, bicycle and pedestrian friendly, and designed to supportfrequent transit service operating through, collectively or separately, rail, fixed guideway, streetcar, or bus systemson dedicated facilities or available roadway connections.(37) “Mobility Plan” means an integrated land use and transportation plan that promotes compact, mixed-useand interconnected development served by a multi-modal transportation system that includes roads, bicycle andpedestrian facilities and where feasible and appropriate, frequent transit and rail service, to provide individuals withviable transportation options without sole reliance upon a motor vehicle for personal mobility.(38) “Urban sprawl” means a development pattern characterized by low density, automobile-dependentdevelopment with either a single use or multiple uses that are not functionally related, requiring the extension ofpublic facilties and services in an inefficient manner, and failing to provide a clear separation between urban andrural uses.163.3167 Scope of act.--(1) The several incorporated municipalities and counties shall have power and responsibility: 12
  13. 13. (a) To plan for their future development and growth.(b) To adopt and amend comprehensive plans, or elements or portions thereof, to guide their future developmentand growth.(c) To implement adopted or amended comprehensive plans by the adoption of appropriate land developmentregulations or elements thereof.(d) To establish, support, and maintain administrative instruments and procedures to carry out the provisions andpurposes of this act.The powers and authority set out in this act may be employed by municipalities and counties individually or jointlyby mutual agreement in accord with the provisions of this act and in such combinations as their common interestsmay dictate and require.(2) Each local government shall preparemaintain a comprehensive plan of the type and in the manner set out in thisact. or shall prepare amendments to its existing comprehensive plan to conform it to the requirements of this part inthe manner set out in this part. Each local government, in accordance with the procedures in s. 163.3184, shallsubmit its complete proposed comprehensive plan or its complete comprehensive plan as proposed to be amended tothe state land planning agency by the date specified in the rule adopted by the state land planning agency pursuant tothis subsection. The state land planning agency shall, prior to October 1, 1987, adopt a schedule of localgovernments required to submit complete proposed comprehensive plans or comprehensive plans as proposed to beamended. Such schedule shall specify the exact date of submission for each local government, shall establish equal,staggered submission dates, and shall be consistent with the following time periods:(a) Beginning on July 1, 1988, and on or before July 1, 1990, each county that is required to include a coastalmanagement element in its comprehensive plan and each municipality in such a county; and(b) Beginning on July 1, 1989, and on or before July 1, 1991, all other counties or municipalities.Nothing herein shall preclude the state land planning agency from permitting by rule a county together with eachmunicipality in the county from submitting a proposed comprehensive plan earlier than the dates established inparagraphs (a) and (b). Any county or municipality that fails to meet the schedule set for submission of its proposedcomprehensive plan by more than 90 days shall be subject to the sanctions described in s. 163.3184(11)(a) imposedby the Administration Commission. Notwithstanding the time periods established in this subsection, the state landplanning agency may establish later deadlines for the submission of proposed comprehensive plans orcomprehensive plans as proposed to be amended for a county or municipality which has all or a part of a designatedarea of critical state concern within its boundaries; however, such deadlines shall not be extended to a date later thanJuly 1, 1991, or the time of de-designation, whichever is earlier.(3) When a local government has not prepared all of the required elements or has not amended its plan as requiredby subsection (2), the regional planning agency having responsibility for the area in which the local government liesshall prepare and adopt by rule, pursuant to chapter 120, the missing elements or adopt by rule amendments to theexisting plan in accordance with this act by July 1, 1989, or within 1 year after the dates specified or provided insubsection (2) and the state land planning agency review schedule, whichever is later. The regional planning agencyshall provide at least 90 days written notice to any local government whose plan it is required by this subsection toprepare, prior to initiating the planning process. At least 90 days before the adoption by the regional planningagency of a comprehensive plan, or element or portion thereof, pursuant to this subsection, the regional planningagency shall transmit a copy of the proposed comprehensive plan, or element or portion thereof, to the localgovernment and the state land planning agency for written comment. The state land planning agency shall reviewand comment on such plan, or element or portion thereof, in accordance with s. 163.3184(6). Section 163.3184(6),(7), and (8) shall be applicable to the regional planning agency as if it were a governing body. Existingcomprehensive plans shall remain in effect until they are amended pursuant to subsection (2), this subsection, s.163.3187, or s. 163.3189. 13
  14. 14. (42) A municipality established after the effective date of this act shall, within 1 year after incorporation, establish alocal planning agency, pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of the type and in themanner set out in this act within 3 years after the date of such incorporation. A county comprehensive plan shall bedeemed controlling until the municipality adopts a comprehensive plan in accord with the provisions of this act. If,upon the expiration of the 3-year time limit, the municipality has not adopted a comprehensive plan, the regionalplanning agency shall prepare and adopt a comprehensive plan for such municipality.(53) Any comprehensive plan, or element or portion thereof, adopted pursuant to the provisions of this act, whichbut for its adoption after the deadlines established pursuant to previous versions of this act would have been valid,shall be valid.(6) When a regional planning agency is required to prepare or amend a comprehensive plan, or element or portionthereof, pursuant to subsections (3) and (4), the regional planning agency and the local government may agree to amethod of compensating the regional planning agency for any verifiable, direct costs incurred. If an agreement is notreached within 6 months after the date the regional planning agency assumes planning responsibilities for the localgovernment pursuant to subsections (3) and (4) or by the time the plan or element, or portion thereof, is completed,whichever is earlier, the regional planning agency shall file invoices for verifiable, direct costs involved with thegoverning body. Upon the failure of the local government to pay such invoices within 90 days, the regional planningagency may, upon filing proper vouchers with the Chief Financial Officer, request payment by the Chief FinancialOfficer from unencumbered revenue or other tax sharing funds due such local government from the state for workactually performed, and the Chief Financial Officer shall pay such vouchers; however, the amount of such paymentshall not exceed 50 percent of such funds due such local government in any one year.(7) A local government that is being requested to pay costs may seek an administrative hearing pursuant to ss.120.569 and 120.57 to challenge the amount of costs and to determine if the statutory prerequisites for payment havebeen complied with. Final agency action shall be taken by the state land planning agency. Payment shall be withheldas to disputed amounts until proceedings under this subsection have been completed.(84) Nothing in this act shall limit or modify the rights of any person to complete any development that has beenauthorized as a development of regional impact pursuant to chapter 380 or who has been issued a final localdevelopment order and development has commenced and is continuing in good faith.(95) The Reedy Creek Improvement District shall exercise the authority of this part as it applies to municipalities,consistent with the legislative act under which it was established, for the total area under its jurisdiction.(106) Nothing in this part shall supersede any provision of ss. 341.8201-341.842.(117) Each local government is encouraged to articulate a vision of the future physical appearance and qualities ofits community as a component of its local comprehensive plan. The vision should be developed through acollaborative planning process with meaningful public participation and shall be adopted by the governing body ofthe jurisdiction. Neighboring communities, especially those sharing natural resources or physical or economicinfrastructure, are encouraged to create collective visions for greater-than-local areas. Such collective visions shallapply in each city or county only to the extent that each local government chooses to make them applicable. Thestate land planning agency shall serve as a clearinghouse for creating a community vision of the future and mayutilize the Growth Management Trust Fund, created by 1s. 186.911, to provide grants to help pay the costs of localvisioning programs. When a local vision of the future has been created, a local government should review itscomprehensive plan, land development regulations, and capital improvement program to ensure that theseinstruments will help to move the community toward its vision in a manner consistent with this act and with the statecomprehensive plan. A local or regional vision must be consistent with the state vision, when adopted, and beinternally consistent with the local or regional plan of which it is a component. The state land planning agency shallnot adopt minimum criteria for evaluating or judging the form or content of a local or regional vision.(128) An initiative or referendum process in regard to any development order or in regard to any localcomprehensive plan amendment or map amendment that affects five or fewer parcels of land is prohibited. 14
  15. 15. (139) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the watersupply sources necessary to meet and achieve the existing and projected water use demand for the establishedplanning period, considering the applicable plan developed pursuant to s. 373.0361.(1410)(a) If a local government grants a development order pursuant to its adopted land development regulationsand the order is not the subject of a pending appeal and the timeframe for filing an appeal has expired, thedevelopment order may not be invalidated by a subsequent judicial determination that such land developmentregulations, or any portion thereof that is relevant to the development order, are invalid because of a deficiency inthe approval standards.(b) This subsection does not preclude or affect the timely institution of any other remedy available at law or equity,including a common law writ of certiorari proceeding pursuant to Rule 9.190, Florida Rules of Appellate Procedure,or an original proceeding pursuant to s. 163.3215, as applicable.(c) This subsection applies retroactively to any development order granted on or after January 1, 2002.163.3171 Areas of authority under this act.--(1) A municipality shall exercise authority under this act for the total area under its jurisdiction. Unincorporatedareas adjacent to incorporated municipalities may be included in the area of municipal jurisdiction for the purposesof this act if the governing bodies of the municipality and the county in which the area is located agree on theboundaries of such additional areas, on procedures for joint action in the preparation and adoption of thecomprehensive plan, on procedures for the administration of land development regulations or the land developmentcode applicable thereto, and on the manner of representation on any joint body or instrument that may be createdunder the joint agreement. Such joint agreement shall be formally stated and approved in appropriate official actionby the governing bodies involved.(2) A county shall exercise authority under this act for the total unincorporated area under its jurisdiction or in suchunincorporated areas as are not included in any joint agreement with municipalities established under the provisionsof subsection (1). In the case of chartered counties, the county may exercise such authority over municipalities ordistricts within its boundaries as is provided for in its charter.(3) Combinations of municipalities within a county, or counties, or an incorporated municipality or municipalitiesand a county or counties, or an incorporated municipality or municipalities and portions of a county or counties mayjointly exercise the powers granted under the provisions of this act upon formal adoption of an official agreement bythe governing bodies involved pursuant to law. No such official agreement shall be adopted by the governing bodiesinvolved until a public hearing on the subject with public notice has been held by each governing body involved.The general administration of any joint agreement shall be governed by the provisions of s. 163.01 except that whenthere is conflict with this act the provisions of this act shall govern.(4) In addition to agreements entered into pursuant to ss. 163.3220 et seq.,The state land planning agency and alocal government shall have the power to enter into agreements with each other and to agree together to enter intoagreements with a landowner, developer, or governmental agency as may be necessary or desirable to effectuate theprovisions and purposes of ss. 163.3177(6)(h) and (11)(a), (b), and (c), and 163.3245.(5) It is the Legislature’s intent that joint agreements entered into under the authority of this section beliberally, broadly, and flexibly construed to facilitate intergovernmental cooperation between and among cities andcounties and to encourage planning in advance of jurisdictional changes. Whether executed prior to or after theeffective date of this act, such joint agreements may include, but are not limited to, agreements that contemplatemunicipal adoption of plans or plan amendments for lands in advance of annexation of such lands into themunicipality, and may permit municipalities and counties to exercise non-exclusive extrajurisdictional authoritywithin incorporated and unincorporated areas. Only courts shall have jurisdiction or authority to interpret,invalidate, or declare inoperative such joint agreements, and the validity of joint agreements may not be a basis forfinding plans or plan amendments not in compliance pursuant to this act. 15
  16. 16. 163.3174 Local planning agency.--(1) The governing body of each local government, individually or in combination as provided in s. 163.3171, shalldesignate and by ordinance establish a "local planning agency," unless the agency is otherwise established by law.Notwithstanding any special act to the contrary, all local planning agencies or equivalent agencies that first reviewrezoning and comprehensive plan amendments in each municipality and county shall include a representative of theschool district appointed by the school board as a nonvoting member of the local planning agency or equivalentagency to attend those meetings at which the agency considers comprehensive plan amendments and rezonings thatwould, if approved, increase residential density on the property that is the subject of the application. However, thissubsection does not prevent the governing body of the local government from granting voting status to the schoolboard member. The governing body may designate itself as the local planning agency pursuant to this subsectionwith the addition of a nonvoting school board representative. The governing body shall notify the state land planningagency of the establishment of its local planning agency. All local planning agencies shall provide opportunities forinvolvement by applicable community college boards, which may be accomplished by formal representation,membership on technical advisory committees, or other appropriate means. The local planning agency shall preparethe comprehensive plan or plan amendment after hearings to be held after public notice and shall makerecommendations to the governing body regarding the adoption or amendment of the plan. The agency may be alocal planning commission, the planning department of the local government, or other instrumentality, including acountywide planning entity established by special act or a council of local government officials created pursuant tos. 163.02, provided the composition of the council is fairly representative of all the governing bodies in the countyor planning area; however:(a) If a joint planning entity is in existence on the effective date of this act which authorizes the governing bodies toadopt and enforce a land use plan effective throughout the joint planning area, that entity shall be the agency forthose local governments until such time as the authority of the joint planning entity is modified by law.(b) In the case of chartered counties, the planning responsibility between the county and the several municipalitiestherein shall be as stipulated in the charter.(2) Nothing in this act shall prevent the governing body of a local government that participates in creating a localplanning agency serving two or more jurisdictions from continuing or creating its own local planning agency. Anysuch governing body which continues or creates its own local planning agency may designate which local planningagency functions, powers, and duties will be performed by each such local planning agency.(3) The governing body or bodies shall appropriate funds for salaries, fees, and expenses necessary in the conductof the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. Toaccomplish the purposes and activities authorized by this act, the local planning agency, with the approval of thegoverning body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated andother sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources;however, acceptance of loans must be approved by the governing bodies involved.(4) The local planning agency shall have the general responsibility for the conduct of the comprehensive planningprogram. Specifically, the local planning agency shall:(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall makerecommendations to the governing body regarding the adoption or amendment of such plan. During the preparationof the plan or plan amendment and prior to any recommendation to the governing body, the local planning agencyshall hold at least one public hearing, with public notice, on the proposed plan or plan amendment. The governingbody in cooperation with the local planning agency may designate any agency, committee, department, or person toprepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or planamendment to the governing body shall be the responsibility of the local planning agency. 16
  17. 17. (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governingbody such changes in the comprehensive plan as may from time to time be required, including preparation of theperiodic reports required by s. 163.3191.(c) Review proposed land development regulations, land development codes, or amendments thereto, and makerecommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan,or element or portion thereof, when the local planning agency is serving as the land development regulationcommission or the local government requires review by both the local planning agency and the land developmentregulation commission.(d) Perform any other functions, duties, and responsibilities assigned to it by the governing body or by general orspecial law.(5) All meetings of the local planning agency shall be public meetings, and agency records shall be public records.163.3175 Legislative findings on compatibility of development with military installations; exchange ofinformation between local governments and military installations.--(1) The Legislature finds that incompatible development of land close to military installations can adversely affectthe ability of such an installation to carry out its mission. The Legislature further finds that such development alsothreatens the public safety because of the possibility of accidents occurring within the areas surrounding a militaryinstallation. In addition, the economic vitality of a community is affected when military operations and missionsmust relocate because of incompatible urban encroachment. Therefore, the Legislature finds it desirable for the localgovernments in the state to cooperate with military installations to encourage compatible land use, help preventincompatible encroachment, and facilitate the continued presence of major military installations in this state.(2) Each county in which a military installation is either wholly or partially located and each affected localgovernment must transmit to the commanding officer of that installation information relating to proposed changes tocomprehensive plans, plan amendments, and proposed changes to land development regulations which, if approved,would affect the intensity, density, or use of the land adjacent to or in close proximity to the military installation.Each county and affected local government shall provide the military installation an opportunity to review andcomment on the proposed changes.(3) The commanding officer or his or her designee may provide comments to the county or affected localgovernment on the impact such proposed changes may have on the mission of the military installation. Suchcomments may include:(a) If the installation has an airfield, whether such proposed changes will be incompatible with the safety and noisestandards contained in the Air Installation Compatible Use Zone (AICUZ) adopted by the military installation forthat airfield;(b) Whether such changes are incompatible with the Installation Environmental Noise Management Program(IENMP) of the United States Army;(c) Whether such changes are incompatible with the findings of a Joint Land Use Study (JLUS) for the area if onehas been completed; and(d) Whether the military installations mission will be adversely affected by the proposed actions of the county oraffected local government.(4) The county or affected local government shall take into consideration any comments provided by thecommanding officer or his or her designee when making such decision regarding comprehensive planning or land 17
  18. 18. development regulation. The county or affected local government shall forward a copy of any such comments to thestate land planning agency.(5) To facilitate the exchange of information provided for in this section, a representative of a military installationacting on behalf of all military installations within that jurisdiction shall be included as an ex officio, nonvotingmember of the countys or affected local governments land planning or zoning board.(6) The commanding officer is encouraged to provide information about any community planning assistance grantsthat may be available to a county or affected local government through the federal Office of Economic Adjustmentas an incentive for communities to participate in a joint planning process that would facilitate the compatibility ofcommunity planning and the activities and mission of the military installation.(7) As used in this section, the term:(a) "Affected local government" means a municipality adjacent to or in close proximity to the military installationas determined by the state land planning agency.(b) "Military installation" means a base, camp, post, station, airfield, yard, center, home port facility for any ship, orother land area under the jurisdiction of the Department of Defense, including any leased facility. Such term doesnot include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.163.3177 Required and optional elements of comprehensive plan; studies and surveys.--(1) The comprehensive plan shall consist of materials in such descriptive form, written or graphic, as may beappropriate to the prescription of principles, guidelines, and standards for the orderly and balanced future economic,social, physical, environmental, and fiscal development of the area.(2) Coordination of the several elements of the local comprehensive plan shall be a major objective of the planningprocess. The several elements of the comprehensive plan shall be consistent, and the comprehensive plan shall befinancially feasible. Financial feasibility shall be determined using professionally accepted methodologies andapplies to the 5-year planning period, except in the case of a long-term transportation or school concurrencymanagement system, in which case a 10-year or 15-year period applies.(3)(a) The comprehensive plan shall contain a capital improvements element designed to consider the need for andthe location of public facilities in order to encourage the efficient use of such facilities and set forth:1. A component that outlines principles for construction, extension, or increase in capacity of public facilities, aswell as a component that outlines principles for correcting existing public facility deficiencies, which are necessaryto implement the comprehensive plan. The components shall cover at least a 5-year period.2. Estimated public facility costs, including a delineation of when facilities will be needed, the general location ofthe facilities, and projected revenue sources to fund the facilities.3. Standards to ensure the availability of public facilities and the adequacy of those facilities including acceptablelevels of service.4. Standards for the management of debt.54. A schedule of capital improvements which includes any publicly funded projects of federal, state or localgovernment,, and which may include privately funded projects for which the local government has no fiscalresponsibility, necessary to ensure that adopted level-of-service standards are achieved and maintained. For capitalimprovements that will be funded by the developer, financial feasibility shall be demonstrated by being guaranteedin an enforceable development agreement or interlocal agreement pursuant to paragraph (10)(h), or other 18
  19. 19. enforceable agreement. These development agreements and interlocal agreements shall be reflected in the scheduleof capital improvements if the capital improvement is necessary to serve development within the 5-year schedule. Ifthe local government uses planned revenue sources that require referenda or other actions to secure the revenuesource, the plan must, in the event the referenda are not passed or actions do not secure the planned revenue source,identify other existing revenue sources that will be used to fund the capital projects or otherwise amend the plan toensure financial feasibility.6. The schedule must include transportation improvements included in the applicable metropolitan planningorganizations transportation improvement program adopted pursuant to s. 339.175(8) to the extent that suchimprovements are relied upon to ensure concurrency and financial feasibility. The schedule must also be coordinatedwith the applicable metropolitan planning organizations long-range transportation plan adopted pursuant to s.339.175(7).(b)1. The capital improvements element must be reviewed on an annual basis. and modified as necessary inaccordance with s. 163.3187 or s. 163.3189 in order to maintain a financially feasible 5-year schedule of capitalimprovements. Corrections and mModifications concerning costs; revenue sources; or acceptance of facilitiespursuant to dedications which are consistent with the plan may be accomplished by ordinance and shall not bedeemed to be amendments to the local comprehensive plan. A copy of the ordinance shall be transmitted to the stateland planning agency. An amendment to the comprehensive plan is required to update the schedule on an annualbasis or to eliminate, defer, or delay the construction for any facility listed in the 5-year schedule. All publicfacilities must be consistent with the capital improvements element. The annual update to the capital improvementselement of the comprehensive plan need not comply with the financial feasibility requirement until December 1,2011. Thereafter, a local government may not amend its future land use map, except for plan amendments to meetnew requirements under this part and emergency amendments pursuant to s. 163.3187(1)(a), after December 1,2011, and every year thereafter, unless and until the local government has adopted the annual update and it has beentransmitted to the state land planning agency. 2. Capital improvements element amendments adopted after the effective date of this act shall require only a singlepublic hearing before the governing board which shall be an adoption hearing as described in s. 163.3184(7). Suchamendments are not subject to the requirements of s. 163.3184(3)-(6).(c) If the local government does not adopt the required annual update to the schedule of capital improvements, thestate land planning agency must notify the Administration Commission. A local government that has a demonstratedlack of commitment to meeting its obligations identified in the capital improvements element may be subject tosanctions by the Administration Commission pursuant to s. 163.3184(11).(d) If a local government adopts a long-term concurrency management system pursuant to s. 163.3180(9), it mustalso adopt a long-term capital improvements schedule covering up to a 10-year or 15-year period, and must updatethe long-term schedule annually. The long-term schedule of capital improvements must be financially feasible. (e) At the discretion of the local government and notwithstanding the requirements of this subsection, acomprehensive plan, as revised by an amendment to the plans future land use map, shall be deemed to be financiallyfeasible and to have achieved and maintained level-of-service standards as required by this section with respect totransportation facilities if the amendment to the future land use map is supported by a:1. Condition in a development order for a development of regional impact or binding agreement that addressesproportionate-share mitigation consistent with s. 163.3180(12); or2. Binding agreement addressing proportionate fair-share mitigation consistent with s. 163.3180(16)(f) and theproperty subject to the amendment to the future land use map is located within an area designated in acomprehensive plan for urban infill, urban redevelopment, downtown revitalization, urban infill and redevelopment,or an urban service area. The binding agreement must be based on the maximum amount of development identifiedby the future land use map amendment or as may be otherwise restricted through a special area plan policy or mapnotation in the comprehensive plan. 19
  20. 20. (fc) A local governments comprehensive plan and plan amendments for land uses within all transportationconcurrency exception areas that are designated and maintained in accordance with s. 163.3180(5) shall be deemedto meet the requirement to achieve and maintain level-of-service standards for transportation.(4)(a) Coordination of the local comprehensive plan with the comprehensive plans of adjacent municipalities, thecounty, adjacent counties, or the region; with the appropriate water management districts regional water supplyplans approved pursuant to s. 373.0361; with adopted rules pertaining to designated areas of critical state concern;and with the state comprehensive plan shall be a major objective of the local comprehensive planning process. Tothat end, in the preparation of a comprehensive plan or element thereof, and in the comprehensive plan or element asadopted, the governing body shall include a specific policy statement indicating the relationship of the proposeddevelopment of the area to the comprehensive plans of adjacent municipalities, the county, adjacent counties, or theregion and to the state comprehensive plan, as the case may require and as such adopted plans or plans inpreparation may exist.(b) When all or a portion of the land in a local government jurisdiction is or becomes part of a designated area ofcritical state concern, the local government shall clearly identify those portions of the local comprehensive plan thatshall be applicable to the critical area and shall indicate the relationship of the proposed development of the area tothe rules for the area of critical state concern.(5)(a) Each local government comprehensive plan must include at least two planning periods, one covering at leastthe first 5-year period occurring after the plans adoption and one covering at least a 10-year period. Additionalplanning periods for specific components, elements, land use amendments or projects shall be permissible andaccepted as part of the planning process.(b) The comprehensive plan and its elements shall contain policy recommendations for the implementation of theplan and its elements.(6) In addition to the requirements of subsections (1)-(54) and (1211), the comprehensive plan shall include thefollowing elements:(a) A future land use plan element designating proposed future general distribution, location, and extent of the usesof land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, publicbuildings and grounds, other public facilities, and other categories of the public and private uses of land. Countiesare encouraged to designate rural land stewardship areas, pursuant to paragraph (11)(d), as overlays on the futureland use map. Each future land use category must be defined in terms of uses included, and must include standardsto be followed in the control and distribution of population densities and building and structure intensities. Theproposed distribution, location, and extent of the various categories of land use shall be shown on a land use map ormap series which shall be supplemented by goals, policies, and measurable objectives. The future land use plan shallbe based upon surveys, studies, and data regarding the area, including the minimum amount of land required toaccommodate anticipated growth; the projected resident and seasonal population of the area using locally acceptedprojections, Bureau of Business and Economic Research, or similar data used by the local government or adjacentlocal governments; the character of undeveloped land; the availability of water supplies, public facilities, andservices; the need for redevelopment, including the renewal of blighted areas and the elimination of nonconforminguses which are inconsistent with the character of the community. The amount of land required to accommodateanticipated growth may not be limited solely by the projected population. The future land use element shall alsoinclude policies regarding; the compatibility of uses on lands adjacent to or closely proximate to militaryinstallations; lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02; the discouragement ofurban sprawl; energy-efficient land use patterns accounting for existing and future electric power generation andtransmission systems; greenhouse gas reduction strategies; and, in rural communities, the need for job creation,capital investment, and economic development that will strengthen and diversify the communitys economy. Thefuture land use plan may designate areas for future planned development use involving combinations of types ofuses for which special regulations may be necessary to ensure development in accord with the principles andstandards of the comprehensive plan and this act. The future land use plan element shall include criteria to be used toachieve the compatibility of lands adjacent or closely proximate to military installations, and lands adjacent to an 20
  21. 21. airport as defined in s. 330.35 and consistent with s. 333.02. In addition, for rural communities, Tthe amount of landdesignated for future planned industrial use shall be based upon surveys and studies that reflect the need for jobcreation, capital investment, and the necessity to strengthen and diversify the local economies, and may not belimited solely by the projected population of the rural community. The future land use plan of a county may alsodesignate areas for possible future municipal incorporation. The land use maps or map series shall generally identifyand depict historic district boundaries and shall designate historically significant properties meriting protection. Forcoastal counties, the future land use element must include, without limitation, regulatory incentives and criteria thatencourage the preservation of recreational and commercial working waterfronts as defined in s. 342.07. The futureland use element must clearly identify the land use categories in which public schools are an allowable use. Whendelineating the land use categories in which public schools are an allowable use, a local government shall include inthe categories sufficient land proximate to residential development to meet the projected needs for schools incoordination with public school boards and may establish differing criteria for schools of different type or size. Eachlocal government shall include lands contiguous to existing school sites, to the maximum extent possible, within theland use categories in which public schools are an allowable use. The failure by a local government to comply withthese school siting requirements will result in the prohibition of the local governments ability to amend the localcomprehensive plan, except for plan amendments described in s. 163.3187(1)(b), until the school siting requirementsare met. Amendments proposed by a local government for purposes of identifying the land use categories in whichpublic schools are an allowable use are exempt from the limitation on the frequency of plan amendments containedin s. 163.3187. The future land use element shall include criteria that encourage the location of schools proximate tourban residential areas to the extent possible, and shall require that the local government seek to collocate publicfacilities, such as parks, libraries, and community centers, with schools to the extent possible and to encourage theuse of elementary schools as focal points for neighborhoods. For schools serving predominantly rural counties,defined as a county with a population of 100,000 or fewer, an agricultural land use category is eligible for thelocation of public school facilities if the local comprehensive plan contains school siting criteria and the location isconsistent with such criteria. Local governments required to update or amend their comprehensive plan to includecriteria and address compatibility of lands adjacent or closely proximate to existing military installations, or landsadjacent to an airport as defined in s. 330.35 and consistent with s. 333.02, in their future land use plan element shalltransmit the update or amendment to the state land planning agency by June 30, 2012. The future land use elementor plan amendment shall be determined to discourage the proliferation of urban sprawl if it incorporates adevelopment pattern or urban form that directs economic growth and associated land development to geographicareas of the community in a manner that protects natural resources and ecosystems; promotes the efficient and costeffective provision or extension of public infrastructure and services; promotes walkable and connectedcommunities, provides for compact development and a mix of uses at densities and intensities that will support arange of housing choices and a multi-modal transportation system; supports the use of low impact development thatpromotes conservation of water and energy; preserves open space and natural lands and provides for public openspace and recreation needs; and creates a balance of land uses based upon demands of residential population for thenon-residential needs of a project. A plan amendment shall be determined to discourage the proliferation of urbansprawl if its uses, densities and intensities of use and urban form would remediate an existing or planneddevelopment pattern in the vicinity that constitutes sprawl or if it provides for an innovative development patternsuch as transit oriented development as defined in this act. Nothing contained herein is intended to authorize thestate to regulate or establish maximum land use development or population capacity limits.(b) A traffic circulation element consisting of the types, locations, and extent of existing and proposed majorthoroughfares and transportation routes, including bicycle and pedestrian ways. Transportation corridors, as definedin s. 334.03, may be designated in the traffic circulation element pursuant to s. 337.273. If the transportationcorridors are designated, the local government may adopt a transportation corridor management ordinance. Thetraffic circulation element shall incorporate transportation strategies to address reduction in greenhouse gasemissions from the transportation sector.(c) A general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer rechargeelement correlated to principles and guidelines for future land use, indicating ways to provide for future potablewater, drainage, sanitary sewer, solid waste, and aquifer recharge protection requirements for the area. The elementmay be a detailed engineering plan including a topographic map depicting areas of prime groundwater recharge. Theelement shall describe the problems and needs and the general facilities that will be required for solution of theproblems and needs. The element shall also include a topographic map depicting any areas adopted by a regional 21
  22. 22. water management district as prime groundwater recharge areas for the Floridan or Biscayne aquifers. These areasshall be given special consideration when the local government is engaged in zoning or considering future land usefor said designated areas. For areas served by septic tanks, soil surveys shall be provided which indicate thesuitability of soils for septic tanks. Within 18 months after the governing board approves an updated regional watersupply plan, the element must incorporate the alternative water supply project or projects selected by the localgovernment from those identified in the regional water supply plan pursuant to s. 373.0361(2)(a) or proposed by thelocal government under s. 373.0361(8)(b). If a local government is located within two water management districts,the local government shall adopt its comprehensive plan amendment within 18 months after the later updatedregional water supply plan. The element must identify such alternative water supply projects and traditional watersupply projects and conservation and reuse necessary to meet the water needs identified in s. 373.0361(2)(a) withinthe local governments jurisdiction and include a work plan, covering at least a 10 year planning period, for buildingpublic, private, and regional water supply facilities, including development of alternative water supplies, which areidentified in the element as necessary to serve existing and new development. The work plan shall be updated, at aminimum, every 5 years within 18 months after the governing board of a water management district approves anupdated regional water supply plan. Amendments to incorporate the work plan do not count toward the limitation onthe frequency of adoption of amendments to the comprehensive plan. Local governments, public and privateutilities, regional water supply authorities, special districts, and water management districts are encouraged tocooperatively plan for the development of multijurisdictional water supply facilities that are sufficient to meetprojected demands for established planning periods, including the development of alternative water sources tosupplement traditional sources of groundwater and surface water supplies.(d) A conservation element for the conservation, use, and protection of natural resources in the area, including air,water, water recharge areas, wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers,bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmentalresources, including factors that affect energy conservation. Local governments shall assess their current, as well asprojected, water needs and sources for at least a 10-year period, considering the appropriate regional water supplyplan approved pursuant to s. 373.0361, or, in the absence of an approved regional water supply plan, the districtwater management plan approved pursuant to s. 373.036(2). This information shall be submitted to the appropriateagencies. The land use map or map series contained in the future land use element shall generally identify and depictthe following:1. Existing and planned waterwells and cones of influence where applicable.2. Beaches and shores, including estuarine systems.3. Rivers, bays, lakes, flood plains, and harbors.4. Wetlands.5. Minerals and soils.6. Energy conservation.The land uses identified on such maps shall be consistent with applicable state law and rules.(e) A recreation and open space element indicating a comprehensive system of public and private sites forrecreation, including, but not limited to, natural reservations, parks and playgrounds, parkways, beaches and publicaccess to beaches, open spaces, waterways, and other recreational facilities.(f)1. A housing element consisting of standards, plans, and principles to be followed in:a. The provision of housing for all current and anticipated future residents of the jurisdiction. 22
  23. 23. b. The elimination of substandard dwelling conditions.c. The structural and aesthetic improvement of existing housing.d. The provision of adequate sites for future housing, including affordable workforce housing as defined in s.380.0651(3)(j), housing for low-income, very low-income, and moderate-income families, mobile homes, and grouphome facilities and foster care facilities, with supporting infrastructure and public facilities.e. Provision for relocation housing and identification of historically significant and other housing for purposes ofconservation, rehabilitation, or replacement.f. The formulation of housing implementation programs.g. The creation or preservation of affordable housing to minimize the need for additional local services and avoidthe concentration of affordable housing units only in specific areas of the jurisdiction.h. Energy efficiency in the design and construction of new housing.i. Use of renewable energy resources.j. Each county in which the gap between the buying power of a family of four and the median county home saleprice exceeds $170,000, as determined by the Florida Housing Finance Corporation, and which is not designated asan area of critical state concern shall adopt a plan for ensuring affordable workforce housing. At a minimum, theplan shall identify adequate sites for such housing. For purposes of this sub-subparagraph, the term "workforcehousing" means housing that is affordable to natural persons or families whose total household income does notexceed 140 percent of the area median income, adjusted for household size.k. As a precondition to receiving any state affordable housing funding or allocation for any project or programwithin the jurisdiction of a county that is subject to sub-subparagraph j., a county must, by July 1 of each year,provide certification that the county has complied with the requirements of sub-subparagraph j.The goals, objectives, and policies of the housing element must be based on the data and analysis prepared onhousing needs, including the affordable housing needs assessment. State and federal housing plans prepared onbehalf of the local government must be consistent with the goals, objectives, and policies of the housing element.Local governments are encouraged to use job training, job creation, and economic solutions to address a portion oftheir affordable housing concerns.2. To assist local governments in housing data collection and analysis and assure uniform and consistentinformation regarding the states housing needs, the state land planning agency shall conduct an affordable housingneeds assessment for all local jurisdictions on a schedule that coordinates the implementation of the needsassessment with the evaluation and appraisal reports required by s. 163.3191. Each local government shall utilize thedata and analysis from the needs assessment as one basis for the housing element of its local comprehensive plan.The agency shall allow a local government the option to perform its own needs assessment, if it uses themethodology established by the agency by rule.(g)1. For those units of local government identified in s. 380.24, a coastal management element, appropriatelyrelated to the particular requirements of paragraphs (d) and (e) and meeting the requirements of s. 163.3178(2) and(3). The coastal management element shall set forth the policies that shall guide the local governments decisionsand program implementation with respect to the following objectives:a. Maintenance, restoration, and enhancement of the overall quality of the coastal zone environment, including, butnot limited to, its amenities and aesthetic values. 23