Sections of Part II of Chapter 163, F.S. (§§163.2511-163.3248) with minor changes by 2011 legislation

The following is a list of the sections of Part II of chapter 163, F.S., (§§163.2511 – 163.3248) — the major growth management provisions – with only minor changes by the 2011 growth management  legislation.

  • 163.2517  Designation of urban infill and redevelopment area.—
    • The language of previous §163.2517(4) addressing an exemption from the twice a year plan amendment limitation is deleted.
  • 163.3162  Agricultural Lands and Practices.—
    • The section is no longer a separate “Act.”
    • References to the repealed rules of chapter 9J-5, F.A.C. are deleted.
    • References to annual plan amendment submittal limits are deleted.
  • 163.3171  Areas of authority under this act.—
    • Subsection 163.3171(4), F.S., was amended to:
      • Take the state land planning agency out of the joint agreement process. Not only is the state land planning agency no longer specifically authorized to enter into joint agreements, the agency is specifically prohibited from interpreting, invalidating or declaring the joint agreements inoperative.
      • Expand the grounds for the joint agreements to include not only intergovernmental coordination elements (§163.3177(6)(h)) and sector plans (formerly “optional” sector plans, §163.3245), but also adds rural land stewardship areas (§163.3248).
      • Eliminate the provisions of 163.3177(11)(a), (b), and (c) as grounds for the joint agreements because they are deleted from the statutes. The innovative planning and development strategies addressed by those provisions are added elsewhere, in different terms and perspective (§163.3168), but that section is not added as grounds for joint agreements.
      • Add language expressing the Legislature’s intent that the joint agreements:
        • Be liberally, broadly, and flexibly construed; and
        • Are to facilitate intergovernmental cooperation between cities and counties and to encourage planning in advance of jurisdictional changes.
      • Identify the types of joint agreements authorized by the section to include, but not be limited to:
        • Agreements that contemplate municipal adoption of plans or plan amendments for lands in advance of annexation of such lands into the municipality; and
        • Agreements that permit municipalities and counties to exercise nonexclusive extra-jurisdictional authority within incorporated and unincorporated areas.
    • The remainder of the section is unchanged.
  • 163.3174  Local planning agency.—
    • The requirement that the local governing body notify the state land planning agency of the establishment of its local planning agency is deleted.
  • 163.3175  Legislative findings on compatibility of development with military installations; exchange of information between local governments and military installations.—
  • Amendments were added to clarify that the comments, studies or reports from the military facilities commanding officer to local governments on proposed land use changes (changes to comprehensive plans, plan amendments, and proposed changes to land development regulations) that would affect the intensity, density, or use of the land adjacent to or in close proximity to the military installation are not binding on the local government. §163.3175(5)(d), F.S.
  • Amendments were added to state the local government’s consideration of the comments must be sensitive to private property rights and not be unduly restrictive on those rights. §163.3175(6). F.S.
  • Amendments were added to clarify that any comprehensive plan that was amended to address military installation compatibility requirements after 2004 and found to be in compliance with the subsection is deemed to be in compliance with the amended subsection until the local government conducts its next scheduled §163.3191 evaluation and appraisal review and determines amendments are needed to meet the new law requirements.
  • 163.31771  Accessory dwelling units.—
    • Cross references to §420.0004, F.S., were revised to reflect changes in that subsection.
  • 163.3178  Coastal management.—
    • References to the repealed rules of chapter 9J-5, F.A.C. are deleted.
  • 163.3217  Municipal overlay for municipal incorporation.—
    • The only change is to delete previous §163.3217(2)(b)2., F.S., which allowed the adoption of a municipal overlay as an exception to the now eliminated plan amendment adoption frequency limit.
  • 163.3220  Short title; legislative intent.—
    • The only amendment is to change the reference to the planning act to the new name, Community Planning Act, in §163.3220(3), F.S.
  • 163.3221  Florida Local Government Development Agreement Act; definitions.—
    • The only amendment is to change the reference to the planning act to the new name, Community Planning Act, in §163.3221(2) and (11), F.S.
  • 163.3229 Duration of a development agreement and relationship to local comprehensive plan.-
    • The maximum duration of a development agreement is extended from 20 years to 30 years, unless extended by mutual consent of the governing body and the developer.
    • The references to the plan compliance confirmation process are changed to the new requirements.
  • 163.3235 Periodic review of a development agreement.-
    • The provisions requiring state review of the development agreement annual reviews are deleted.
  • 163.3239 Recording and effectiveness of a development agreement.-
    • The provisions requiring that the adopted development agreement be sent to the state land planning agency are deleted.
  • 163.3243 Enforcement.-
    • The provisions allowing the state land planning agency to file an action to enforce or challenge a development agreement are deleted.
  • 163.3246  Local government comprehensive planning certification program.—
    • References to other sections are changed to reflect the new applicable sections.
    • Changes that are made elsewhere, such as changing the name of an optional sector plan to a sector plan and deleting references to elements and actions no longer required, are reflected.
    • Language is added to clarify that plan amendments that qualify a small scale amendments may follow that review process. (§163.3246(9)(a), F.S.)
    • The requirement in previous §163.3246(14), F.S., that a state report to be prepared by 2007 is deleted.
  • 163.3247 Century Commission for a Sustainable Florida.
    • An expiration date of June 30, 2013 is set for the section and the Century Commission.
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