Category Archives: 2. Legal Authority to Regulate

Summary of 2012 Florida Legislative Changes Related to Land Development Regulations

The Florida Legislature made several changes to the Florida Statutes in 2012 that are relevant to land development regulations. The following is a summary of several of those changes, grouped by the bills in which the changes were made.

House Bill 503 (Chapter 2012-205 from HB 503, Laws of Florida)

Language was added to §125.022 (which addresses counties) and §166.033 (which addresses municipalities)1 that, for development permits2 filed after July 1, 2012, prohibits counties and municipalities from requiring the applicant to obtain any state or federal permit3 unless the state or federal permit has already been denied.

This bill also includes, in language almost identical to prior years, a process to extend most local government development orders and building permits, as well as DEP and water management permits. This legislation addresses those permits that are to expire between January 1, 2012 and January 1, 2014 and extends them for 2 additional years. These extensions can be in addition to previous extensions, but the extended time cannot exceed a total of four years. To receive the extension, the permit holder must notify the permitting authority in writing by December 31, 2012.4 The local governments and state agencies cannot require the payment of a fee for the use of the extensions.5

This bill was signed by the governor May 4, 2012 and will be effective July 1, 2012.

House Bill 979 (Chapter 2012-75, Laws of Florida)

A provision was added to the DRI pre-application procedures6 that says that agencies participating in pre-application reviews may only make comments that are consistent with the applicable statutes rules or adopted local government ordinances. A new provision was added to the list of changes that do not constitute a substantial deviation to an existing DRI; “changes that do not increase the number of external peak hour trips and do not reduce open space and conserved areas within the project except as otherwise permitted by sub-subparagraph j.”7 A new type of development was added to the list of project types that are exempt from the DRI process; development, outside of areas of critical state concern, the Wekiva Study Area, and the Everglades Protection Area, that is not in a section 380.06(29), F.S., exempt dense urban land area, but is approved as a comprehensive plan amendment adopted through the state coordinated plan amendment review process (§163.3184(4), F.S.) and is subject to a section 288.106(5), F.S., tax refund agreement (with some additional restrictions on the agreement), are now exempt.8

Section 4 of the bill addresses changes that, based on the citation in the companion Senate bill, appear to intend to add a section 163.3165, addressing agricultural enclaves. Unfortunately, the adopted bill does not include any citation, so the language is adopted without identifying where it goes. The provisions allow the owner of a qualified agricultural enclave9 to apply for a plan amendment, which will be presumed to not constitute urban sprawl if the proposed land uses and intensities are consistent with the existing or allowable uses that surround the parcel. If the parcel is surrounded by only one land use designation, that land use designation must be presumed by the county to be appropriate for the parcel. To overcome these presumptions the county must find, by clear and convincing evidence, that approving the designation would be detrimental to the health, safety, and welfare of its residents. To qualify under this section as an agricultural enclave, the property owner must file a written application to the county by January 1, 2013.

This bill was signed by the governor on April 6, 2012. It is effective July 1, 2012.

House Bill 1197 (Chapter 2012-83, Laws of Florida)

This bill is only tangentially related to land development regulations, except for two provisions—the bill preempts local government regulation of honeybee colonies,10 and exempts “farm signs” from the Florida Building Code and any county or municipal code (except floodplain management).11 The honey bee provision12 will impact increasingly common attempts to regulate when and where bees can be kept in more urban environments; it is now no longer a local issue. The farm sign provisions13 define “farm sign” and requires the signs to meet certain of the same requirements as outdoor advertising signs under §479.11, F.S. This bill was signed by the governor on April 6, 2012. It is effective July 1, 2012.

House Bill 7081 (Chapter 2012-99, Laws of Florida)

This bill is what has been called the growth management glitch bill. It does make several corrections and clarifications. Probably the most anticipated is the language that has been added to §163.3167(8), F.S., to allow the initiative or referendum processes prohibited by the 2011 language of that subsection to continue in certain jurisdictions if that local government’s charter, in effect as of June 1, 2011, allowed for them.14

There were also some changes to §163.3175, F.S., (addressing the compatibility of development with military installations), clarifying that the commanding officer’s comments are advisory, and are to be supported by data and analyses, and that those comments are to be in the context of the strategic mission of the base, public safety, and the economic vitality associated with the base’s operations. There were changes to §163.3177, F.S., clarifying the sources and limitations on comprehensive plan data and calculations. The public schools interlocal agreement language of §163.31777 was amended and exemption language added. Local governments may more easily do away with any of the “optional” concurrency provisions through changes to §163.3180(1)(a), F.S., which would allow the plan amendment to rescind the concurrency provision to be through the expedited state review process with no requirement that the plan amendment be transmitted to reviewing agencies for comment unless requested. Several changes were also made to §163.31777(6)(a) and §1013.33, F.S., addressing school concurrency and interlocal agreements.

This bill was signed by the governor on April 6, 2012. It is effective immediately upon becoming law.

End Notes:

  1. The full language reads: “For any development permit application filed with the [county or municipality] after July 1, 2012, a [county or municipality] may not require as a condition of processing or issuing a development permit that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the [county or municipality] action on the local development permit. Issuance of a development permit by a [county or municipality] does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the [county or municipality] for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A [county or municipality] may attach such a disclaimer to the issuance of a development permit and may include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. This section does not prohibit a [county or municipality] from providing information to an applicant regarding what other state or federal permits may apply.” Click here to return to text.
  2. “[A]ny building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.” §163.3164, Florida Statutes. Click here to return to text.
  3. There is a potential issue in the allowed actions under the language, however. The first part states that a local government “may not require as a condition of processing or issuing a development permit that an applicant obtain a [federal or state] permit or approval.” But a later part says a local government “may include a permit condition that all other applicable state or federal permits be obtained before commencement of the development.” So, while a local government cannot require an applicant to get a state or federal permit before the local government will process the local application or issue the local development permit, they can put a condition on the permit that requires federal or state permits or approvals before the development (presumably including the amount of development that only triggered the local permits) can commence. This would put whether the development occurs, relative to state and federal approvals, still within local government’s control. It is unclear whether this condition would be enforceable by the local government, however, since the local government has no authority to take action to enforce federal or state laws. It may be little more than a general reminder to get all applicable approvals. Click here to return to text.
  4. Full language of Section 24:
     (1) Any building permit, and any permit issued by the Department of Environmental Protection or by a water management district pursuant to part IV of chapter 373, Florida Statutes, which has an expiration date from January 1, 2012, through January 1, 2014, is extended and renewed for a period of 2 years after its previously scheduled date of expiration. This extension includes any local government-issued development order or building permit including certificates of levels of service. This section does not prohibit conversion from the construction phase to the operation phase upon completion of construction. This extension is in addition to any existing permit extension. Extensions granted pursuant to this section; section 14 of chapter 2009-96, Laws of Florida, as reauthorized by section 47 of chapter 2010-147, Laws of Florida; section 46 of chapter 2010-147, Laws of Florida; or section 74 or section 79 of chapter 2011-139, Laws of Florida, shall not exceed 4 years in total. Further, specific development order extensions granted pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be further extended by this section.
    (2) The commencement and completion dates for any required mitigation associated with a phased construction project are extended so that mitigation takes place in the same timeframe relative to the phase as originally permitted.
    (3) The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by December 31, 2012, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.
    (4) The extension provided for in subsection (1) does not apply to:
    (a) A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
    (b) A permit or other authorization held by an owner or operator determined to be in significant noncompliance with the conditions of the permit or authorization as established through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or other equivalent action by the authorizing agency.
    (c) A permit or other authorization, if granted an extension that would delay or prevent compliance with a court order.
    (5) Permits extended under this section shall continue to be governed by the rules in effect at the time the permit was issued, except if it is demonstrated that the rules in effect at the time the permit was issued would create an immediate threat to public safety or health. This provision applies to any modification of the plans, terms, and conditions of the permit which lessens the environmental impact, except that any such modification does not extend the time limit beyond 2 additional years.
    (6) This section does not impair the authority of a county or municipality to require the owner of a property that has notified the county or municipality of the owner’s intent to receive the extension of time granted pursuant to this section to maintain and secure the property in a safe and sanitary condition in compliance with applicable laws and ordinances. Click here to return to text.
  5. Per section 23 of the bill: “The holder of a valid permit or other authorization is not required to make a payment to the authorizing agency for use of an extension granted under section 73 or section 79 of chapter 2011-139, Laws of Florida, or section 24 of this act. This section applies retroactively and is effective as of June 2, 2011.” Click here to return to text.
  6. §380.06(7)(a), Florida Statutes. Language added: “The reviewing agencies may make only recommendations or comments regarding a proposed development which are consistent with the statutes, rules, or adopted local government ordinances that are applicable to developments in the jurisdiction where the proposed development is located.” Click here to return to text.
  7. §380.06(19)(e)2.k., Florida Statutes. Click here to return to text.
  8. 380.06(24)(x), F.S. Full language:
     (x) Any proposed development that is located in a local government jurisdiction that does not qualify for an exemption based on the population and density criteria in s. 264 380.06(29)(a), that is approved as a comprehensive plan amendment adopted pursuant to s. 163.3184(4), and that is the subject of an agreement pursuant to s. 288.106(5) is exempt from this section. This exemption shall only be effective upon a written agreement executed by the applicant, the local government, and the state land planning agency. The state land planning agency shall only be a party to the agreement upon a determination that the development is the subject of an agreement pursuant to s. 288.106(5) and that the local government has the capacity to adequately assess the impacts of the proposed development. The local government shall only be a party to the agreement upon approval by the governing body of the local government and upon providing at least 21 days’ notice to adjacent local governments that includes, at a minimum, information regarding the location, density and intensity of use, and timing of the proposed development. This exemption does not apply to areas within the boundary of any area of critical state concern designated pursuant to s. 380.05, within the boundary of the Wekiva Study Area as described in s. 369.316, or within 2 miles of the boundary of the Everglades Protection Area as defined in s. 373.4592(2). Click here to return to text.
  9. “In order to qualify as an agricultural enclave under this section, the parcel of land must be a 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, Florida Statutes, for at least 5 years before the date of any comprehensive plan amendment application;
    (c) Is surrounded on at least 95 percent of its perimeter by property that the local government has designated as land that may be developed for industrial, commercial, or residential purposes; and
    (d) Does not exceed 640 acres but is not smaller than 500 acres.” Click here to return to text.
  10. Under §586.10(1), F.S. Click here to return to text.
  11. Under §640.50, F.S. The existing language of this statute section currently exempts farm buildings and farm fences from the Florida Building Code and any county or municipal code or fee, except floodplain management regulations. Click here to return to text.
  12. New language in §586.10(1): “The authority to regulate, inspect, and permit managed honeybee colonies and to adopt rules on the placement and location of registered inspected managed honeybee colonies is preempted to the state through the department and supersedes any related ordinance adopted by a county, municipality, or political subdivision thereof.” Click here to return to text.
  13.  New language in §604.50 (1): “A farm sign located on a public road may not be erected, used, operated, or maintained in a manner that violates any of the standards provided in s. 479.11(4), (5)(a), and (6) – (8). New language in §604.50 (2)(b): “Farm sign” means a sign erected, used, or maintained on a farm by the owner or lessee of the farm which relates solely to farm produce, merchandise, or services sold, produced, manufactured, or furnished on the farm.” Click here to return to text.
  14. New language in §163.3167(8): “However, any local government charter provision that was in effect as of June 1, 2011, for an initiative or referendum process in regard to development orders or in regard to local comprehensive plan amendments or map amendments may be retained and implemented.” Click here to return to text.

Summary of some of the major changes to the Florida growth management statutes

The following is a summary of some of the major changes made by the 2011 Florida legislature to the state’s growth management laws. Most are from by HB 7207, which is now Chapter 2011-139, Laws of Florida.

  • Name. The name of the part II, chapter 163 act is changed from the “Local Government Comprehensive Planning and Land Development Regulation Act” to the “Community Planning Act.” §163.3161(1), F.S. This reflects the shift from State oversight to local government control of the planning and growth management process. The State’s new role is to focus on “protecting the functions of important state resources and facilities.” §163.3161(3), F.S.
  • Purpose. The Act’s purpose moves from “control future development” to “manage future development consistent with the proper role of local government.” §163.3161(2), F.S. A new purpose statement focuses on recognizing and protecting “the traditional economic base of the state, agriculture, tourism, and military presence” while also encouraging “economic diversification, workforce development, and community planning.” §163.3161(11), F.S. See also this Article for more on the purpose statements of the act.
  • Comprehensive Plans and Plan Amendments.
    1. Contents of Comprehensive Plans. The requirements for what a comprehensive plan must contain are substantially rewritten, but are not as completely different as they would appear to be. Much of what appears to be new language is language moved, with some modifications, from other sections or subsections or is from the rules of chapter 9J-5, Florida Administrative Code (which has been repealed). See the Requirements for Florida comprehensive plans article for more details.
    2. Plan Amendment Process. See the article Process for review and adoption of plan amendments.”
      1. Twice a year limit. The limit restricting plan amendments to no more than twice a year is deleted. Previous §163.3187(1)(a), F.S.
      2. Expedited state review process. An expedited state review process, based on the previous §163.32465(2) pilot program, is added. This expedited process applies to all plan amendments except small scale amendment (which may be processed under this process or under the provisions of §163.3187) and plan amendments in an area of critical state concern, that propose a rural land stewardship area or a sector plan, that update the comprehensive plan based on a §163.3191 evaluation and appraisal, or that are for a new plan for a newly incorporated municipality. These other exceptions must follow the “State coordinated review process.” §163.3184(2) and (3), F.S. See the article Process for review and adoption of plan amendments for more.
      3. Administrative challenges. The language of former §163.3184(9) and (10) is replaced by §163.3184(5), which is new language. The definition of an “affected person” did not change. See the article Process for review and adoption of plan amendments for more.
      4. Compliance Agreements. The language of §163.3184(6)(a), F.S., is new, but borrows heavily from the previous §163.3184(16), F.S., it replaces.
      5. Small scale plan amendments. The provisions of §163.3187, F.S., are changed from directing how all plan amendments are process to just addressing the process for small scale plan amendments. See the article Process for review and adoption of plan amendments for more.
    3. Timing of Implementation. The local government’s comprehensive plan does not have to be amended to implement the new statutory requirements until the next evaluation and appraisal period, unless otherwise specifically required, but all new plan amendments must comply with the new requirements. §163.3161(12), F.S.
    4. Evaluation and appraisal review. The “R” in the “EAR” process now stands for “Review” rather than “Report;” the new EARs process shifts the evaluation and appraisal process from a formal mandated audit report on the comprehensive plan, scrutinized by the state land planning agency, to a less formal review by the local government of whether changes are needed to meet state laws and to reflect the local assessment of needed changes. See the article Evaluation and appraisal review for more.
  • Concurrency. See the article Concurrency for more details.
    1. Premise of concurrency. The premise of concurrency is shifted away from an emphasis on public facilities being available concurrent with development to their being provided so as to achieve and maintain the adopted level of service standards.
    2. Transportation facilities, schools, and parks and recreation. Concurrency for transportation facilities, schools, and parks and recreation is now optional; these facilities are removed as public facilities and services subject to the statutory concurrency requirements on a statewide basis. §163.3180(1), F.S. They may, however, be optionally included in a local government’s concurrency requirements, by the local government’s actions. §163.3180(1), F.S. To rescind any existing concurrency provisions on these now optional concurrency facilities requires a comprehensive plan amendment, but the amendment is not subject to state review. §163.3180(1)(a), F.S.
  • Repeal of rules 9J-5 and 9J-11.023, Florida Administrative Code. The rules of chapter 9J-5 and §9J-11.023, Florida Administrative Code, are repealed and are to be removed from the Florida Administrative Code. §72, 2011-39 Laws of Florida (HB 7207). Some of the rules of chapter 9J-5 have been integrated into the new statute language.
  • Planning Innovations. A new section, §163.3168, F.S., was added to address the concept of innovative planning techniques, which local governments are encouraged to apply. The techniques include addressing future new development areas through visioning, sector planning and rural land stewardship areas and, in urban areas, using urban service area designations, urban growth boundaries, and mixed-use, high density development concepts. §163.3168(2), F.S. See the article Planning Innovations for more details.
  • Sector Plans. The demonstration project “optional sector plan” process of §163.3245, F.S., is now a full scale option to DRI reviews for large acreage (at least 15,000 acres) projects, which can be initiated at the local level, rather than through an agreement with the state land planning agency. See the article Sector Plans for more details.
  • Rural land stewardship areas. Section 163.3248, F.S., is a new section created, in large part, from provisions in previous §163.3177(d).  See the articleRural land stewardship areas for more details.
  • Developments of Regional Impact (DRIs).
    1. DRI thresholds. The DRI “statewide guidelines and standards” thresholds changed for several uses. §380.0651(3), F.S.
    2. Substantial deviation thresholds. The thresholds for when a change to a previously approved DRI will constitute a substantial deviation were changed or deleted for several uses. §380.06(19)(b), F.S.
    3. Date extensions. At the developer’s option, all commencement, phase, buildout, and expiration dates for valid DRIs are extended for four years, regardless of any previous extensions. Associated mitigation requirements may also be extended in many situations. The developer must notify the local government in writing by December 31, 2011 to receive the extension. §380.06(19)(c)2., F.S.
    4. Exemptions from the DRI process.
      1. Two new exemptions were added: new, additions to, or expansions of solid mineral mines, if certain requirements are met, and any development in an energy economic zone designated by §377.809, F.S. §380.06(24)(t) and (w), F.S.
      2. Notwithstanding any agreements that say otherwise, any project no longer subject to DRI review under the revised thresholds is not required to undergo such a review. §380.06(24)(u), F.S.
      3. Significant changes were made to the exemption for dense urban land areas section. §380.06(29), F.S.
  • Referendums prohibited. All initiatives or referendums on a development order or comprehensive plan amendment, not just those affecting five or fewer parcels, are prohibited. §163.3167(8), F.S.
  • Public school interlocal agreements. No new language was added to §163.31777, F.S.; the process was significantly simplified. See the article Public school interlocal agreements” for more details.
  • Local government joint agreements. Section 163.3171(4), F.S., was amended to take the state land planning agency out of the joint agreement process (it cannot enter into joint agreements and is prohibited from interpreting, invalidating or declaring the joint agreements inoperative) and to expand the scope of joint agreements and what they can include.
  • Permit extensions
    1. Any permit or authorization that was extended under section 14 of chapter 2009-96, Laws of Florida (as reauthorized by section 47 of chapter 2010-147, Laws of Florida) is extended and renewed for an additional two year period, for a total of four years, if the holder of the permit notifies the authorizing agency in writing by December 31, 2011. §§ 73(1) and (3), 2011-39 Laws of Florida (HB 7207).
    2. A separate permit extension was provided, “in recognition of 2011 real estate market conditions,” extending “any building permit, and any permit issued by the Department of Environmental Protection or by a water management district pursuant to part IV of chapter 373, Florida Statutes, which has an expiration date from January 1, 2012, through January 1, 2014,” and also “any local government-issued development order or building permit” (including certificates of levels of service), for a period of 2 years after its previously scheduled date of expiration. § 79(1), 2011-39 Laws of Florida (HB 7207). This extension is in addition to any existing permit extension, but cannot exceed four years total. (§ 79(1), 2011-39 Laws of Florida (HB 7207). To get this extension, the holder of such a permit or other authorization must notify the authorizing agency in writing by December 31, 2011. (§ 79(3), 2011-39 Laws of Florida (HB 7207)
    3. There are many provisos and limitations on these extensions. See the article Other, non-statute, provisions of HB 7207 for more details.

Public Schools Interlocal Agreements (§163.31777, F.S.)

This is a summary review of §163.31777, as amended in 2011 (by Section 13 of Florida HB 7207). The review addresses the requirements for public school interlocal agreements.

In this review, the language of the statute may be summarized, paraphrased, re-ordered, and/or reformatted, so refer to the full language of the bill or the official Florida Statutes for the actual statutory provisions. See here, Public schools interlocal agreement, for an unofficial version of the language from the bill integrated into the previous statute provisions.

  1. No new language is added to the section. It is significantly simplified.
    1. The first sentence of previous paragraph 163.31777(1)(a) remains the same – “The county and municipalities located within the geographic area of a school district shall enter into an interlocal agreement with the district school board which jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated.”
    2. A middle sentence of previous paragraph 163.31777(1)(d) – “Local governments and the district school board in each school district are encouraged to adopt a single interlocal agreement to which all join as parties.” – is added to the new subsection (1) to complete that subsection.
    3. The list of items the interlocal agreement must address from previous subsection 163.31777(2), with a simplified introduction sentence, remains the same and comprise the remainder of the section.
  2. The rest of the section is deleted.
    1. The requirement that school interlocal agreements be submitted to the state is eliminated. Accordingly, the submittal schedule and all language related to the state review is deleted. (§163.31777(1), F.S.)
    2. The previous §163.3177(1)(d), F.S., language, addressing interlocal agreements adopted before the adoption of the previous section, is deleted.
    3. The previous §163.3177(5), F.S., language, addressing amendments to public school elements transmitted before the adoption of the previous section, is deleted.
  3. With the removal of the state review from the process, the process for sanctions and other enforcement mechanisms are also eliminated. There does not appear to be any penalty in this section for failure to prepare public school interlocal agreements or failure to prepare the agreement in compliance with the statute requirements.
  4. The administrative proceedings option for affected parties to challenge the consistency of the interlocal agreement with the statutes is eliminated as a separate (and the exclusive) process.

Planning Innovations (§163.3168, F.S.)

This is a summary review of §163.3168, created by Section 8 of Florida 2011 HB 7207. The review addresses the concept of innovative planning. 

In this review, the language of the statute may be summarized, paraphrased, re-ordered, and/or reformatted, so refer to the full language of the bill or the official Florida Statutes for the actual statutory provisions. See here, Planning Innovations, for an unofficial version of the language from the bill.

  1. Local governments are encouraged to apply innovative planning tools. (§163.3168(2), F.S.)
  2. Innovative planning tools include:
    1. To address future new development areas (§163.3168(2), F.S.)
      1. visioning,
      2. sector planning, and
      3. rural land stewardship area designations;
    2. In urban areas (§163.3168(2), F.S.)
      1. urban service area designations,
      2. urban growth boundaries, and
      3. mixed-use, high- density development.
  3. The state land planning agency is tasked with helping communities find creative solutions to fostering vibrant, healthy communities, while protecting the functions of important state resources and facilities. (§163.3168(3), F.S.)
    1. The state land planning agency and all other appropriate state and regional agencies may use various means to provide direct and indirect technical assistance within available resources. (§163.3168(3), F.S.)
    2. If plan amendments may adversely impact important state resources or facilities, upon request by the local government, the state land planning agency shall coordinate multi-agency assistance, if needed, in developing an amendment to minimize impacts on such resources or facilities. (§163.3168(3), F.S.)
    3. The state land planning agency will provide on its website guidance on the submittal and adoption of comprehensive plans, plan amendments, and land development regulations. The “guidance” may not be adopted as a rule and, accordingly, is exempt from §120.54(1)(a). (§163.3168(4), F.S.)

Other, non-statute, changes made by HB 7207

In addition to the many direct changes it makes to the Florida Statutes, HB 7207 makes several other significant changes. These changes include:

  • Repeal of rules 9J-5 and 9J-11.023, Florida Administrative Code
  • Permit extensions
  • Addressing pending administrative or judicial proceedings under statute changes
  • Existing voter referendum comprehensive plan amendments
  • DoT report on calculation of proportionate share contribution
  • House bill 7207 effective date
  1. Rules 9J-5 and 9J-11.023, Florida Administrative Code, are repealed and are to be removed from the Florida Administrative Code. (§ 72, HB 7207)
  2. Permit extensions. See here – Permit Extensions– for the bill language.
    1. Any permit or other authorization that was extended under section 14 of chapter 2009-96, Laws of Florida (as reauthorized by section 47 of chapter 2010-147, Laws of Florida) is extended and renewed for an additional period of 2 years after its previously scheduled expiration date. (§ 73(1), HB 7207)
      1. This extension is in addition to the 2-year permit extension provided under section 14 of chapter 2009-96, Laws of Florida. (§ 73(1), HB 7207)
      2. Permits that were extended by a total of 4 years pursuant to section 14 of chapter 2009-96, Laws of Florida and by section 46 of chapter 2010-147, Laws of Florida, cannot be further extended under this provision. (§ 73(1), HB 7207)
      3. The holder of a valid permit or other authorization that is eligible for the 2-year extension shall notify the authorizing agency in writing by December 31, 2011, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization. (§ 73(3), HB 7207)

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Concurrency

This is a summary review of §§163.3180 and 163.3182, as amended in 2011 (by Section 15 and 16 of Florida HB 7207). The review addresses the requirements for the concurrency of public facilities.

In this review, the language of the statute may be summarized, paraphrased, re-ordered, and/or reformatted, so refer to the full language of the bills or the official Florida Statutes for the actual statutory provisions. See here, Concurrency provisions, for an unofficial version of the language from the bills integrated into the previous statute provisions.

Section 163.3180, F.S.

  1. The premise of concurrency is shifted away from an emphasis on public facilities being available concurrent with development to their being provided so as to achieve and maintain the adopted level of service standards.
  2. Parks and recreation, schools, and transportation facilities are no longer required to meet concurrency requirements by the State statutes; they are removed as public facilities and services subject to the statutory concurrency requirements on a statewide basis. (§163.3180(1), F.S.)
    1. The parks and recreation facilities standards of previous §163.3180(2)(b) on the timing of the facilities or contributions are deleted.
  3. Parks and recreation, schools, and transportation facilities, and other non-mandatory public facilities, may, however, be included in a local government’s concurrency requirements, by the local government’s actions. (§163.3180(1), F.S.) If the local governments apply concurrency to these other facilities and services, the amended statute provides requirements that must be met. Specifically:

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Requirements for Florida comprehensive plans

This is a summary review of §163.3177, as amended in 2011 (by Section 12 of Florida HB 7207, with one minor amendment by Section 3 of HB 639), with a few relevant provisions from other sections. The review addresses the requirements for local comprehensive plan.

In this review, the language of the statute may be summarized, paraphrased, re-ordered, and/or reformatted, so refer to the full language of the bills or official statutes for the actual statutory provisions. See here, Requirements for Florida comprehensive plans – section 3177 of chapter 163, for an unofficial version of the language from the bills integrated into the previous statute provisions.

  1. This section is extensively rewritten. Much of the new language comes from the repealed provisions of Rule 9J-5, F.A.C.
  2. As with other sections, requirements of detailed monitoring by the state land planning agency are largely deleted. The provisions concerning the state land planning agency rules to implement the statute provisions and the legislative findings relative to these rules, in previous §163.3177(9) and (1), F.S., are deleted.
  3. Local comprehensive plan are still required to include at least two planning periods, one covering at least the first 5-year period occurring after the plan’s adoption and one covering at least a 10-year period. Language has been added to allow additional planning periods for specific components, elements, land use amendments, or projects as part of the planning process. (§163.3177(5)(a), F.S.)
  4. Principles, guidelines, standards, and strategies. The comprehensive plan provides the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. (§163.3177(1), F.S.)
    1. These principles and strategies will guide future decisions in a consistent manner and must contain programs and activities to ensure comprehensive plans are implemented. (§163.3177(1), F.S.)
    2. The format of these principles and guidelines is at the discretion of the local government, but typically is expressed in goals, objectives, policies, and strategies. (§163.3177(1)(c), F.S.)
    3. The sections of the comprehensive plan containing the principles and strategies must describe how the local government’s programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. (§163.3177(1), F.S.)
  5. The comprehensive plan must identify procedures for monitoring, evaluating, and appraising implementation of the plan. (§163.3177(1)(d), F.S.)
  6. The comprehensive plan and its elements must contain guidelines or policies for the implementation of the plan and its elements. (§163.3177(5)(b), F.S.)
    1. It is not the intent of the statutes, however, to require the inclusion of implementing regulations in the comprehensive plan, but, rather, to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. (§163.3177(1), F.S.)
    2. Accordingly, the plan must establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations. (§163.3177(1), F.S.)
  7. The previous requirements of §163.3177(2) and elsewhere in previous §163.3177, F.S., regarding comprehensive plan financial feasibility, are deleted.
  • Data and analysis. All mandatory and optional elements of the comprehensive plan and plan amendments must be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. (§163.3177(1)(f), F.S.)
    1. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. (§163.3177(1)(f), F.S.)
    2. Data must be taken from professionally accepted sources. (§163.3177(1)(f)2., F.S.)
      1. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. (§163.3177(1)(f)2., F.S.)
      2. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. (§163.3177(1)(f)2., F.S.)
    3. The comprehensive plan must be based upon permanent and seasonal population estimates and projections, which must either be those provided by the University of Florida’s Bureau of Economic and Business Research or generated by the local government based upon a professionally acceptable methodology. (§163.3177(1)(f)3, F.S.)
    4. The plan must be based on at least the minimum amount of land required to accommodate the medium projections of the University of Florida’s Bureau of Economic and Business Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. (§163.3177(1)(f)3, F.S.)
    5. Documents adopted by reference, but not incorporated verbatim into the plan, may be included as part of the adopted plan. The adoption by reference must identify the title and author of the document and indicate clearly what provisions and edition of the document is being adopted. (§163.3177(1)(b), F.S.)
    6. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. (§163.3177(1)(f)1., F.S.)
    7. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. (§163.3177(1)(f)1., F.S.)
    8. Copies of studies, surveys, data, and supporting documents for proposed plans and plan amendments must be made available for public inspection, and copies of such plans must be made available to the public upon payment of reasonable charges for reproduction. (§163.3177(1)(f)1., F.S.)
  • Coordination of the local comprehensive plan with the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region; with the appropriate water management district’s regional water supply plans approved pursuant to s. 373.709; and with adopted rules pertaining to designated areas of critical state concern must be a major objective of the local comprehensive planning process. (§163.3177(4)(a), F.S.)
    1. To that end, in the preparation of a comprehensive plan or element, and as adopted, the governing body must include a specific policy statement indicating the relationship of the proposed development of the area to the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region, as the case may require and as such adopted plans or plans in preparation may exist. (§163.3177(4)(a), F.S.)
    2. When all or a portion of the land in a local government jurisdiction is or becomes part of a designated area of critical state concern, the local government must clearly identify those portions of the local comprehensive plan that will be applicable to the critical area and must indicate the relationship of the proposed development of the area to the rules for the area of critical state concern. (§163.3177(4)(b), F.S.)
  • When a federal, state, or regional agency has implemented a regulatory program, a local government is not required to duplicate or exceed that regulatory program in its local comprehensive plan. (§163.3177(1)(e), F.S.)
    1. Substantially the same language, but addressing a “permitting program” rather than a “regulatory program, is found in §163.3184(4)(d)1., F.S., under the review of plan amendments.
  • Elements, generally.
    1. The comprehensive plan must contain the listed required elements and may include optional elements. (§163.3177(1)(a), F.S.)
      1. The section references “optional elements” in several places, but the optional elements of previous §163.3177(7), F.S., are deleted. It is unclear, but appears that local governments are free to adopt those or other elements at the local government’s discretion, as long as they are consistent with the statutes.
    2. Coordination of the several elements of the local comprehensive plan must be a major objective of the planning process and the elements must be consistent with each other. (§163.3177(2), F.S.)
      1. Where data is relevant to several elements, consistent data must be used, including population estimates and projections, unless alternative data can be justified for a plan amendment through new supporting data and analysis. (§163.3177(2), F.S.)
      2. Each map depicting future conditions must reflect the principles, guidelines, and standards within all elements and each such map must be contained within the comprehensive plan. (§163.3177(2), F.S.)
  • Capital Improvement Element.
    1. The comprehensive plan must contain a capital improvements element designed to consider the need for and the location of public facilities in order to encourage the efficient use of such facilities and set forth: (§163.3177(3)(a), F.S.)
      1. A component that outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component that outlines principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan. The components must cover at least a 5-year period. (§163.3177(3)(a)1., F.S.)
      2. Estimated public facility costs, including a delineation of when facilities will be needed, the general location of the facilities, and projected revenue sources to fund the facilities. (§163.3177(3)(a)2., F.S.)
      3. Standards to ensure the availability of public facilities and the adequacy of those facilities to meet established acceptable levels of service. (§163.3177(3)(a)3., F.S.)
      4. At least in jurisdictions that include transportation concurrency requirements in the comprehensive plan, identification of facilities necessary to meet adopted levels of service during a 5-year period. (§163.3180(5)(d), F.S.)
      5. At least in jurisdictions that include transportation concurrency requirements in the comprehensive plan, a schedule of facilities that are necessary to meet the adopted level of service. (§163.3180(5)(b), F.S.)
      6. A schedule of capital improvements. (§163.3177(3)(a)4., F.S.)
        1. Capital improvements include any publicly funded projects of federal, state, or local government, and may include privately funded projects for which the local government has no fiscal responsibility. (§163.3177(3)(a)4., F.S.)
        2. Projects necessary to ensure that any adopted level-of-service standards are achieved and maintained for the 5-year period must be identified as either funded or unfunded and given a level of priority for funding. (§163.3177(3)(a)4., F.S.)
        3. The schedule must include transportation improvements included in the applicable metropolitan planning organization’s transportation improvement program adopted pursuant to s. 339.175(8) to the extent that such improvements are relied upon to ensure concurrency and financial feasibility. (§163.3177(3)(a)5., F.S.)
        4. The schedule must be coordinated with the applicable metropolitan planning organization’s long-range transportation plan adopted pursuant to s. 339.175(7). (§163.3177(3)(a)5., F.S.)
    2. The capital improvements element must be reviewed by the local government on an annual basis. (§163.3177(3)(b), F.S.)
    3. Modifications to update the 5-year capital improvement schedule may be accomplished by ordinance and is not (and may not be) deemed to be amendments to the local comprehensive plan. (§163.3177(3)(a), F.S.)
    4. Deletions
      1. The previous provision of §163.3177(3)(b)5., F.S., requiring the identification of alternative funding sources for proposed referendum approved funding, is deleted.
      2. The previous requirement of §163.3177(3)(b)1., F.S., that all public facilities must be consistent with the capital improvements element, is deleted.
      3. The provisions of previous §163.3177(3)(c), F.S., concerning the risk of sanctions by the Administration Commission for not meeting obligations identified in the capital improvement element, are deleted.
      4. The provisions relating to requirements of financial feasibility are deleted.
  • Future Land Use Element. The comprehensive plan must include a future land use plan element.
    1. The Future Land Use Element must designate
      1. Proposed future general distribution, location, and extent of the uses of land for:
        1. residential uses,
        2. commercial uses,
        3. industry,
        4. agriculture,
        5. recreation,
        6. conservation,
        7. education,
        8. public facilities, and
        9. other categories of the public and private uses of land. (§163.3177(6)(a), F.S.)
      2. The approximate acreage and the general range of density or intensity of use must be provided for the gross land area included in each existing land use category. (§163.3177(6)(a), F.S.)
      3. Each future land use category must be defined in terms of uses included and must include standards to be followed in the control and distribution of population densities and building and structure intensities. (§163.3177(6)(a)1., F.S.)
      4. The proposed distribution, location, and extent of the various categories of land use must be shown on a land use map or map series which must be supplemented by goals, policies, and measurable objectives. (§163.3177(6)(a)1., F.S.)
    2. The future land use plan element must include criteria to be used to: (§163.3177(6)(a)3., F.S.)
      1. Provide for the compatibility of adjacent land uses.
      2. Achieve the compatibility of lands adjacent or closely proximate to military installations, considering factors identified in s. 163.3175(5).
      3. Achieve the compatibility of lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02.
      4. Encourage preservation of recreational and commercial working waterfronts for water dependent uses in coastal communities.
      5. Encourage the location of schools proximate to urban residential areas to the extent possible.
      6. Coordinate future land uses with the topography and soil conditions, and the availability of facilities and services.
      7. Ensure the protection of natural and historic resources.
      8. Provide guidelines for the implementation of mixed use development, including the types of uses allowed, the percentage distribution among the mix of uses, or other standards, and the density and intensity of each use.
    3. The element must establish the long-term end toward which land use programs and activities are ultimately directed. (§163.3177(6)(a), F.S.)
    4. The amount of land designated for future planned uses must provide a balance of uses that foster vibrant, viable communities and economic development opportunities and address outdated development patterns, such as antiquated subdivisions. (§163.3177(6)(a)4., F.S.)
      1. The amount of land designated for future land uses should allow the operation of real estate markets to provide adequate choices for permanent and seasonal residents and business and may not be limited solely by the projected population. (§163.3177(6)(a)4., F.S.)
      2. The element must accommodate at least the minimum amount of land required to accommodate the medium projections of the University of Florida’s Bureau of Economic and Business Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. (§163.3177(6)(a)4., F.S.)
      3. The future land use element must clearly identify the land use categories in which public schools are an allowable use. (§163.3177(6)(a)7., F.S.)
        1. When delineating the land use categories in which public schools are an allowable use, a local government must include in the categories sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different type or size. (§163.3177(6)(a)7., F.S.)
        2. Each local government must include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use. (§163.3177(6)(a)7., F.S.)
    5. The future land use element and any amendment to the future land use element must discourage the proliferation of urban sprawl. (§163.3177(6)(a)9., F.S.)
      1. The proposed comprehensive plan or plan amendment, evaluated in the context of features and characteristics unique to the locality against these primary indicators, does not discourage the proliferation of urban sprawl if the plan or plan amendment: (§163.3177(6)(a)9.a., F.S.)
        1. Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses.
        2. Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development.
        3. Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon patterns generally emanating from existing urban developments.
        4. Fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems.
        5. Fails to adequately protect adjacent agricultural areas and activities, including silviculture, active agricultural and silvicultural activities, passive agricultural activities, and dormant, unique, and prime farmlands and soils.
        6. Fails to maximize use of existing public facilities and services.
        7. Fails to maximize use of future public facilities and services.
        8. Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government.
        9. Fails to provide a clear separation between rural and urban uses.
        10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities.
        11. Fails to encourage a functional mix of uses.
        12. Results in poor accessibility among linked or related land uses.
        13. Results in the loss of significant amounts of functional open space.
      2. The future land use element or plan amendment must be determined to discourage the proliferation of urban sprawl if it incorporates a development pattern or urban form that achieves four or more of the following: (§163.3177(6)(a)9.b., F.S.)
        1. Directs or locates economic growth and associated land development to geographic areas of the community in a manner that does not have an adverse impact on and protects natural resources and ecosystems.
        2. Promotes the efficient and cost-effective provision or extension of public infrastructure and services.
        3. Promotes walkable and connected communities and provides for compact development and a mix of uses at densities and intensities that will support a range of housing choices and a multimodal transportation system, including pedestrian, bicycle, and transit, if available.
        4. Promotes conservation of water and energy.
        5. Preserves agricultural areas and activities, including silviculture, and dormant, unique, and prime farmlands and soils.
        6. Preserves open space and natural lands and provides for public open space and recreation needs.
        7. Creates a balance of land uses based upon demands of residential population for the nonresidential needs of an area.
        8. Provides uses, densities, and intensities of use and urban form that would remediate an existing or planned development pattern in the vicinity that constitutes sprawl or if it provides for an innovative development pattern such as transit-oriented developments or new towns as defined in s. 163.3164.
    6. The future land use plan and plan amendments must be based upon surveys, studies, and data regarding the area, as applicable, including: (§163.3177(6)(a)2., F.S.)
      1. The amount of land required to accommodate anticipated growth.
      2. The projected population of the area.
      3. The character of undeveloped land.
      4. The availability of water supplies, public facilities, and services.
      5. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community.
      6. The compatibility of uses on lands adjacent to or closely proximate to military installations.
      7. Lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02.
      8. The discouragement of urban sprawl.
      9. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy.
      10. The need to modify land uses and development patterns within antiquated subdivisions.
    7. The future land use plan of a county may designate areas for possible future municipal incorporation. (§163.3177(6)(a)5., F.S.)
    8. The future land use element must include a future land use map or map series. (§163.3177(6)(a)10., F.S.)
      1. The proposed distribution, extent, and location of the following uses must be shown on the future land use map or map series: (§163.3177(6)(a)10.a., F.S.)
        1. Residential.
        2. Commercial.
        3. Industrial.
        4. Agricultural.
        5. Recreational.
        6. Conservation.
        7. Educational.
        8. Public.
      2. The following areas must also be shown on the future land use map or map series, if applicable: (§163.3177(6)(a)10.b., F.S.)
        1. Historic district boundaries and designated historically significant properties meriting protection, generally identified and depicted. (§163.3177(6)(a)6. and 10.b., F.S.)
        2. Transportation concurrency management area boundaries or transportation concurrency exception area boundaries. (§163.3177(6)(a)10.b., F.S.)
        3. Multimodal transportation district boundaries. (§163.3177(6)(a)10.b., F.S.)
        4. Mixed use categories. (§163.3177(6)(a)10.b., F.S.)
      3. The following natural resources or conditions must be shown on the future land use map or map series, if applicable: (§163.3177(6)(a)10.c., F.S.)
        1. Existing and planned public potable waterwells, cones of influence, and wellhead protection areas.
        2. Beaches and shores, including estuarine systems.
        3. Rivers, bays, lakes, floodplains, and harbors.
        4. Wetlands.
        5. Minerals and soils.
        6. Coastal high hazard areas.
    9. Future land use map amendments must be based upon the following analyses: (§163.3177(6)(a)8., F.S.)
      1. An analysis of the availability of facilities and services.
      2. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site.
      3. An analysis of the minimum amount of land needed as determined by the local government. (§163.3177(6)(a)8., F.S.)
    10. Local governments required to update or amend their comprehensive plan to include criteria and address compatibility of lands adjacent or closely proximate to existing military installations, or lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02, in their future land use plan element must transmit the update or amendment to the state land planning agency by June 30, 2012. (§163.3177(6)(a)11., F.S.)
  • Transportation Element. The comprehensive plan must include a transportation element that addresses mobility issues in relationship to the size and character of the local government. (§163.3177(6)(b), F.S.)
    1. The purpose of the transportation element is to plan for a multimodal transportation system that places emphasis on public transportation systems, where feasible. (§163.3177(6)(b), F.S.)
    2. The element must provide for a safe, convenient multimodal transportation system, coordinated with the future land use map or map series and designed to support all elements of the comprehensive plan. (§163.3177(6)(b), F.S.)
    3. The element must be coordinated with the plans and programs of any applicable metropolitan planning organization, transportation authority, Florida Transportation Plan, and Department of Transportation’s adopted work program. (§163.3177(6)(b), F.S.)
    4. The element must include a map or map series showing the general location of the existing and proposed transportation system features and be coordinated with the future land use map or map series. (§163.3177(6)(b)1., F.S.)
    5. The element must reflect the data, analysis, and associated principles and strategies relating to: (§163.3177(6)(b)1., F.S.)
      1. The existing transportation system levels of service and system needs and the availability of transportation facilities and services.
      2. The growth trends and travel patterns and interactions between land use and transportation.
      3. Existing and projected intermodal deficiencies and needs.
      4. The projected transportation system levels of service and system needs based upon the future land use map and the projected integrated transportation system.
      5. How the local government will correct existing facility deficiencies, meet the identified needs of the projected transportation system, and advance the purpose of this paragraph and the other elements of the comprehensive plan.
    6. Transportation corridors, as defined in s. 334.03, may be designated in the transportation element pursuant to s. 337.273. (§163.3177(6)(b)1., F.S.)
      1. If the transportation corridors are designated, the local government may adopt a transportation corridor management ordinance. (§163.3177(6)(b)1., F.S.)
    7. Requirements based on relationship to metropolitan planning area.
      1. Local governments that are not located within the metropolitan planning area of an M.P.O. and have a population of 50,000 or less are only required to address transportation circulation. (§163.3177(6)(b), F.S.)
      2. Per the general paragraph, §163.3177(6)(b), F.S., local governments that are not located within the metropolitan planning area of an M.P.O. and have a population of more than 50,000 must address traffic circulation, mass transit, and ports, and aviation and related facilities consistent with this subsection, BUT subparagraph §163.3177(6)(b)3. says that it is municipalities, not all local governments, having populations greater than 50,000 and counties having populations greater than 75,000 that, in addition to traffic circulation, must address mass-transit and plans for port, aviation, and related facilities, as well as plans for the circulation of recreational traffic.
      3. A local government that has all or part of its jurisdiction within the metropolitan planning area of a metropolitan planning organization (M.P.O.), pursuant to §339.175, must prepare and adopt a transportation element addressing the full range of transportation issues, as indicated in §163.3177(6)(b)(2). (§163.3177(6)(b), F.S.)
    8. Traffic circulation. Each local government’s transportation element must address traffic circulation including the types, locations, and extent of existing and proposed major thoroughfares and transportation routes, including bicycle and pedestrian ways. (§163.3177(6)(b)1., F.S.)
    9. Mass transit. The transportation element must include mass-transit provisions addressing:
      1. Proposed methods for the moving of people, rights-of-way, terminals, and related facilities, and
      2. The provision of efficient public transit services based upon existing and proposed major trip generators and attractors, safe and convenient public transit terminals, land uses, and accommodation of the special needs of the transportation disadvantaged. (§163.3177(6)(b)3., F.S.)
    10. Port, aviation, and related facilities. Local governments so required by its size or location (see above) must address in the transportation element port, aviation, and related facilities plans, coordinated with the general circulation and transportation element. (§163.3177(6)(b)3., F.S.)
    11. Recreational traffic. Local governments so required by its size or location (see above) must address in the transportation element plans for the circulation of recreational traffic, including bicycle facilities, exercise trails, riding facilities, and such other matters as may be related to the improvement and safety of movement of all types of recreational traffic. (§163.3177(6)(b)3., F.S.)
    12. Local governments within a metropolitan planning area designated as an M.P.O. pursuant to s. 339.175 must address traffic circulation and: (§163.3177(6)(b)2., F.S.)
      1. All alternative modes of travel, such as public transportation, pedestrian, and bicycle travel.
      2. Aviation, rail, seaport facilities, access to those facilities, and intermodal terminals.
      3. The capability to evacuate the coastal population before an impending natural disaster.
      4. Airports, projected airport and aviation development, and land use compatibility around airports, which includes areas defined in §§ 333.01 and 333.02.
      5. An identification of land use densities, building intensities, and transportation management programs to promote public transportation systems in designated public transportation corridors so as to encourage population densities sufficient to support such systems.
    13. Integration of an airport master plan into the comprehensive plan. (§163.3177(6)(b)4., F.S. – largely from previous §163.3177(6)(k), F.S.)
      1. At the option of the local government, an airport master plan (and any subsequent amendments) prepared by a licensed publicly owned and operated airport under §333.06, may be incorporated into the comprehensive plan of the local government where the airport (or projected airport development) is located, by the adoption of a comprehensive plan amendment. (§163.3177(6)(b)4., F.S.)
      2. The plan amendment that integrates the airport master plan must address:
        1. Land use compatibility, consistent with chapter 333 regarding airport zoning;
        2. The provision of regional transportation facilities for the efficient use and operation of the transportation system and airport;
        3. Consistency with the local government transportation circulation element and applicable M.P.O. long-range transportation plans; and
        4. The execution of any necessary interlocal agreements for the purposes of the provision of public facilities and services to maintain the adopted level-of-service standards for facilities subject to concurrency. (§163.3177(6)(b)4., F.S.)
      3. The integrating plan amendment may address airport-related or aviation-related development. (§163.3177(6)(b)4., F.S.)
      4. Development or expansion of an airport consistent with the adopted airport master plan that has been incorporated into the local comprehensive plan in compliance with this part, and airport-related or aviation-related development that has been addressed in the comprehensive plan amendment that incorporates the airport master plan, do not constitute a development of regional impact.
      5. Notwithstanding any other general law, an airport that has received a development-of-regional-impact development order pursuant to §380.06, but which is no longer required to undergo development-of-regional-impact review pursuant to this subsection, may rescind its development-of-regional-impact order upon written notification to the applicable local government. Upon receipt by the local government, the development-of- regional-impact development order must be deemed rescinded. (§163.3177(6)(b)4., F.S.)
  • General Facilities Element. The comprehensive plan must include a general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element. (§163.3177(6)(c), F.S.)
    1. The element must be correlated to principles and guidelines for future land use, indicating ways to provide for future potable water, drainage, sanitary sewer, solid waste, and aquifer recharge protection requirements for the area. (§163.3177(6)(c), F.S.)
    2. The element may be a detailed engineering plan, including a topographic map depicting areas of prime groundwater recharge. (§163.3177(6)(c), F.S.)
    3. The element must address in the data and analyses those facilities that provide service within the local government’s jurisdiction. (§163.3177(6)(c)1., F.S.)
      1. Local governments that provide facilities to serve areas within other local government jurisdictions must also address those facilities in the data and analyses, using data from the comprehensive plan for those areas for the purpose of projecting facility needs. (§163.3177(6)(c)1., F.S.)
      2. For shared facilities, each local government must indicate the proportional capacity of the systems allocated to serve its jurisdiction. (§163.3177(6)(c)1., F.S.)
    4. The element must describe the problems and needs, and the general facilities that will be required for solution of the problems and needs, including correcting existing facility deficiencies. (§163.3177(6)(c)2., F.S.)
    5. The element must address coordinating the extension of, or increase in the capacity of, facilities to meet future needs while maximizing the use of existing facilities and discouraging urban sprawl; conservation of potable water resources; and protecting the functions of natural groundwater recharge areas and natural drainage features. (§163.3177(6)(c)2., F.S.)
    6. The element must incorporate, within 18 months after the governing board approves an updated regional water supply plan, the alternative water supply project or projects selected by the local government from those identified in the regional water supply plan pursuant to s. 373.709(2)(a) or proposed by the local government under s. 373.709(8)(b). (§163.3177(6)(c)3., F.S.)
      1. If a local government is located within two water management districts, the local government must adopt its comprehensive plan amendment within 18 months after the later updated regional water supply plan. (§163.3177(6)(c)3., F.S.)
      2. The element must:
        1. Identify such alternative water supply projects and traditional water supply projects and conservation and reuse necessary to meet the water needs identified in s. 373.709(2)(a) within the local government’s jurisdiction; and (§163.3177(6)(c)3., F.S.)
        2. Include a work plan, covering at least a 10-year planning period, for building public, private, and regional water supply facilities, including development of alternative water supplies, which are identified in the element as necessary to serve existing and new development. (§163.3177(6)(c)3., F.S.)
        3. The work plan must be updated, at a minimum, every 5 years within 18 months after the governing board of a water management district approves an updated regional water supply plan. (§163.3177(6)(c)3., F.S.)
      3. Local governments, public and private utilities, regional water supply authorities, special districts, and water management districts are encouraged to cooperatively plan for the development of multijurisdictional water supply facilities that are sufficient to meet projected demands for established planning periods, including the development of alternative water sources to supplement traditional sources of groundwater and surface water supplies. (§163.3177(6)(c)3., F.S.)
  • Conservation Element. The comprehensive plan must include a conservation element.
    1. The element must provide for the conservation, use, and protection of area natural resources, including factors affecting energy conservation. (§163.3177(6)(d), F.S.)
      1. The list of the natural resources to be addressed include air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources. (§163.3177(6)(d), F.S.)
    2. The following natural resources, where present within the local government’s boundaries, must be identified and analyzed and existing recreational or conservation uses, known pollution problems, including hazardous wastes, and the potential for conservation, recreation, use, or protection must also be identified: (§163.3177(6)(d)1., F.S.)
      1. Rivers, bays, lakes, wetlands including estuarine marshes, groundwaters, and springs, including information on quality of the resource available.
      2. Floodplains.
      3. Known sources of commercially valuable minerals.
      4. Areas known to have experienced soil erosion problems.
      5. Areas that are the location of recreationally and commercially important fish or shellfish, wildlife, marine habitats, and vegetative communities (including forests), indicating known dominant species present and species listed by federal, state, or local government agencies as endangered, threatened, or species of special concern.
    3. The element must contain principles, guidelines, and standards for conservation that provide long-term goals and which: (§163.3177(6)(d)2., F.S.)
      1. Protects air quality.
      2. Conserves, appropriately uses, and protects the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters.
      3. Protects from activities and land uses known to affect adversely the quality and quantity of identified water sources, including natural groundwater recharge areas, wellhead protection areas, and surface waters used as a source of public water supply.
      4. Provides for the emergency conservation of water sources in accordance with the plans of the regional water management district.
      5. Conserves, appropriately uses, and protects minerals, soils, and native vegetative communities, including forests, from destruction by development activities.
      6. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and marine habitat.
      7. Restricts activities known to adversely affect the survival of endangered and threatened wildlife.
      8. Protects existing natural reservations identified in the recreation and open space element.
      9. Maintains cooperation with adjacent local governments to conserve, appropriately use, or protect unique vegetative communities located within more than one local jurisdiction.
      10. Designates environmentally sensitive lands for protection based on locally determined criteria which further the goals and objectives of the conservation element.
      11. Manages hazardous waste to protect natural resources.
      12. Protects and conserves wetlands and the natural functions of wetlands.
      13. Directs future land uses that are incompatible with the protection and conservation of wetlands and wetland functions away from wetlands. (§163.3177(6)(d)2., F.S.)
        1. The type, intensity or density, extent, distribution, and location of allowable land uses and the types, values, functions, sizes, conditions, and locations of wetlands are land use factors that must be considered when directing incompatible land uses away from wetlands.
        2. Land uses must be distributed in a manner that minimizes the effect and impact on wetlands.
        3. The protection and conservation of wetlands by the direction of incompatible land uses away from wetlands must occur in combination with other principles, guidelines, standards, and strategies in the comprehensive plan.
        4. Where incompatible land uses are allowed to occur, mitigation must be considered as one means to compensate for loss of wetlands functions.
    4. The element must analyze current and projected needs and sources, for at least a 10-year period, based on the demands for industrial, agricultural, and potable water use and the quality and quantity of water available to meet these demands. (§163.3177(6)(d)3., F.S.)
      1. The analysis must consider the existing levels of water conservation, use, and protection and applicable policies of the regional water management district. (§163.3177(6)(d)3., F.S.)
      2. The analysis must also consider the appropriate regional water supply plan approved pursuant to s. 373.709, or, in the absence of an approved regional water supply plan, the district water management plan approved pursuant to s. 373.036(2). (§163.3177(6)(d)3., F.S.)
      3. This information must be submitted to the appropriate agencies. (§163.3177(6)(d)3., F.S.)
  • Recreation and Open Space Element. The comprehensive plan must include a recreation and open space element indicating a comprehensive system of public and private sites for recreation, including, but not limited to, natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, open spaces, waterways, and other recreational facilities. (§163.3177(6)(e), F.S.)
  • Housing Element. The comprehensive plan must include a housing element. (§163.3177(6)(f), F.S.)
    1. The housing element must contain principles, guidelines, standards, and strategies to be followed in: (§163.3177(6)(f)1., F.S.)
      1. The provision of housing for all current and anticipated future residents of the jurisdiction.
      2. The elimination of substandard dwelling conditions.
      3. The structural and aesthetic improvement of existing housing.
      4. The provision of adequate sites for future housing, including affordable workforce housing as defined in s. 380.0651(3)(h), housing for low-income, very low-income, and moderate-income families, mobile homes, and group home facilities and foster care facilities, with supporting infrastructure and public facilities.
      5. Provision for relocation housing and identification of historically significant and other housing for purposes of conservation, rehabilitation, or replacement.
      6. The formulation of housing implementation programs.
      7. The creation or preservation of affordable housing to minimize the need for additional local services and avoid the concentration of affordable housing units only in specific areas of the jurisdiction.
      8. The previous references requiring consideration of energy efficiency and the use of renewable energy resources are deleted.
      9. The requirement of a separate affordable workforce housing plan in certain counties of previous §163.3177(6)(f)1.j., F.S., is deleted.
    2. The element may include provisions that specifically address affordable housing for persons 60 years of age or older. Real property that is conveyed to a local government for affordable housing under this sub-subparagraph must be disposed of by the local government pursuant to s. 125.379 or s. 166.0451. (§163.3177(6)(f)1.d., F.S.) [added by 2011-HB639]
    3. The guidelines, standards, and strategies must reflect, as needed: (§163.3177(6)(f)3., F.S.)
      1. the creation and preservation of affordable housing for all current and anticipated future residents of the jurisdiction,
      2. elimination of substandard housing conditions,
      3. adequate sites, and
      4. distribution of housing for a range of incomes and types, including mobile and manufactured homes.
    4. The element must provide for specific programs and actions to partner with private and nonprofit sectors to address housing needs in the jurisdiction, streamline the permitting process, and minimize costs and delays for affordable housing, establish standards to address the quality of housing, stabilization of neighborhoods, and identification and improvement of historically significant housing. (§163.3177(6)(f)3., F.S.)
    5. Data and analysis.
      1. The principles, guidelines, standards, and strategies of the housing element must be based on the data and analysis prepared on housing needs, including an inventory taken from the latest decennial United States Census or more recent estimates. (§163.3177(6)(f)2., F.S.)
      2. The data and analysis/inventory must include the number and distribution of dwelling units by type, tenure, age, rent, value, monthly cost of owner-occupied units, and rent or cost to income ratio, and must show the number of dwelling units that are substandard. (§163.3177(6)(f)2., F.S.)
      3. The inventory must also include the methodology used to estimate the condition of housing, a projection of the anticipated number of households by size, income range, and age of residents derived from the population projections, and the minimum housing need of the current and anticipated future residents of the jurisdiction. (§163.3177(6)(f)2., F.S.)
    6. State and federal housing plans prepared on behalf of the local government must be consistent with the goals, objectives, and policies of the housing element. (§163.3177(6)(f)4., F.S.)
    7. Local governments are encouraged to use job training, job creation, and economic solutions to address a portion of their affordable housing concerns. (§163.3177(6)(f)4., F.S.)
    8. The provisions of previous §163.3177(6)(f)2., addressing state conducted affordable housing needs assessments, are deleted.
  • Coastal Management Element. The comprehensive plan in those local governments identified in §380.24 (which did not change) must include a coastal management element. (§163.3177(6)(g), F.S.)
    1. The element must be appropriately related to its conservation element and recreation and open space element. (§163.3177(6)(g), F.S.)
    2. The coastal management element must set forth the principles, guidelines, standards, and strategies that will guide the local government’s decisions and program implementation with respect to the following objectives: (§163.3177(6)(g), F.S.)
      1. Maintain, restore, and enhance the overall quality of the coastal zone environment, including, but not limited to, its amenities and aesthetic values.
      2. Preserve the continued existence of viable populations of all species of wildlife and marine life.
      3. Protect the orderly and balanced utilization and preservation, consistent with sound conservation principles, of all living and nonliving coastal zone resources.
      4. Avoid irreversible and irretrievable loss of coastal zone resources.
      5. Use ecological planning principles and assumptions in the determination of the suitability permitted development.
      6. Limit public expenditures that subsidize development in coastal high-hazard areas.
      7. Protect human life against the effects of natural disasters.
      8. Direct the orderly development, maintenance, and use of ports identified in s. 403.021(9) to facilitate deepwater commercial navigation and other related activities.
      9. Preserve historic and archaeological resources, which include the sensitive adaptive use of these resources.
    3. At the option of the local government, the coastal management element may include an adaptation action area designation for those low-lying coastal zones that are experiencing coastal flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. (§163.3177(6)(g)10., F.S.)
      1. Local governments that adopt an adaptation action area may consider policies within the coastal management element to improve resilience to coastal flooding resulting from high-tide events, storm surge, flash floods, stormwater runoff, and related impacts of sea level rise. (§163.3177(6)(g)10., F.S.)
      2. Criteria for the adaptation action area may include, but need not be limited to, areas for which the land elevations are below, at, or near mean higher high water, which have a hydrologic connection to coastal waters, or which are designated as evacuation zones for storm surge. (§163.3177(6)(g)10., F.S.)
    4. The element must meet the requirements of §163.3178(2), (§163.3177(6)(g), F.S.), which says the element must:
      1. Be based on studies, surveys, and data; (§163.3178(2), F.S.)
      2. Be consistent with coastal resource plans prepared and adopted pursuant to general or special law; and (§163.3178(2), F.S.)
      3. Contain: (§163.3178(2), F.S.)
        1. A land use and inventory map of existing coastal uses, wildlife habitat, wetland and other vegetative communities, undeveloped areas, areas subject to coastal flooding, public access routes to beach and shore resources, historic preservation areas, and other areas of special concern to local government.
        2. An analysis of the environmental, socioeconomic, and fiscal impact of development and redevelopment proposed in the future land use plan, with required infrastructure to support this development or redevelopment, on the natural and historical resources of the coast and the plans and principles to be used to control development and redevelopment to eliminate or mitigate the adverse impacts on coastal wetlands; living marine resources; barrier islands, including beach and dune systems; unique wildlife habitat; historical and archaeological sites; and other fragile coastal resources.
        3. An analysis of the effects of existing drainage systems and the impact of point source and nonpoint source pollution on estuarine water quality and the plans and principles, including existing state and regional regulatory programs, which must be used to maintain or upgrade water quality while maintaining sufficient quantities of water flow.
        4. A component which outlines principles for hazard mitigation and protection of human life against the effects of natural disaster, including population evacuation, which take into consideration the capability to safely evacuate the density of coastal population proposed in the future land use plan element in the event of an impending natural disaster. The Division of Emergency Management must manage the update of the regional hurricane evacuation studies, ensure such studies are done in a consistent manner, and ensure that the methodology used for modeling storm surge is that used by the National Hurricane Center.
        5. A component which outlines principles for protecting existing beach and dune systems from human-induced erosion and for restoring altered beach and dune systems.
        6. A redevelopment component which outlines the principles which must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise.
        7. A shoreline use component that identifies public access to beach and shoreline areas and addresses the need for water-dependent and water-related facilities, including marinas, along shoreline areas. Such component must include the strategies that will be used to preserve recreational and commercial working waterfronts as defined in s. 342.07.
        8. Designation of coastal high-hazard areas and the criteria for mitigation for a comprehensive plan amendment in a coastal high-hazard area as defined in subsection 163.3178(9), F.S. The coastal high-hazard area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Application of mitigation and the application of development and redevelopment policies, pursuant to s. 380.27(2), and any rules adopted thereunder, must be at the discretion of local government.
        9. A component which outlines principles for providing that financial assurances are made that required public facilities will be in place to meet the demand imposed by the completed development or redevelopment. Such public facilities will be scheduled for phased completion to coincide with demands generated by the development or redevelopment.
        10. An identification of regulatory and management techniques that the local government plans to adopt or has adopted in order to mitigate the threat to human life and to control proposed development and redevelopment in order to protect the coastal environment and give consideration to cumulative impacts.
        11. A component which includes the comprehensive master plan prepared by each deepwater port listed in s. 311.09(1), which addresses existing port facilities and any proposed expansions, and which adequately addresses the applicable requirements of paragraphs (a)-(k) for areas within the port and proposed expansion areas. Such component must be submitted to the appropriate local government at least 6 months prior to the due date of the local plan and must be integrated with, and must meet all criteria specified in, the coastal management element. “The appropriate local government” means the municipality having the responsibility for the area in which the deepwater port lies, except that where no municipality has responsibility, where a municipality and a county each have responsibility, or where two or more municipalities each have responsibility for the area in which the deepwater port lies, “the appropriate local government” means the county which has responsibility for the area in which the deepwater port lies. Failure by a deepwater port which is not part of a local government to submit its component to the appropriate local government must not result in a local government being subject to sanctions pursuant to ss. 163.3167 and 163.3184. However, a deepwater port which is not part of a local government must be subject to sanctions pursuant to s. 163.3184.
    5. The element must meet the requirements of §163.3178(3). (§163.3177(6)(g), F.S.)
    6. The provisions of previous §163.3177(6)(g)2., F.S., addressing recreational surface water use policies, are deleted.
  • Intergovernmental Coordination Element. The comprehensive plan must include a intergovernmental coordination element. (§163.3177(6)(h)1., F.S.)
    1. The element must show relationships and state principles and guidelines to be used in coordinating the adopted comprehensive plan: (§163.3177(6)(h)1., F.S.)
      1. with the plans of: (§163.3177(6)(h)1. and 2., F.S.)
        1. school boards,
        2. regional water supply authorities, and
        3. other units of local government providing services, but not having regulatory authority over the use of land,
      2. with the comprehensive plans of:
        1. adjacent municipalities,
        2. the county,
        3. adjacent counties, or
        4. the region,
      3. with the state comprehensive plan and
      4. with the applicable regional water supply plan,
      5. as the case may require and as such adopted plans or plans in preparation may exist.
    2. The element must:
      1. Demonstrate consideration of the particular effects of the adopted local plan on the development of adjacent municipalities, the county, adjacent counties, or the region, or upon the state comprehensive plan, as the case may require. (§163.3177(6)(h)1., F.S.)
      2. Ensure that the local government addresses, through coordination mechanisms, the impacts of development proposed in the local comprehensive plan upon development in adjacent municipalities, the county, adjacent counties, the region, and the state. (§163.3177(6)(h)3.a., F.S.)
        1. The area of concern for municipalities must include adjacent municipalities, the county, and counties adjacent to the municipality. (§163.3177(6)(h)(3)a., F.S.)
        2. The area of concern for counties must include all municipalities within the county, adjacent counties, and adjacent municipalities. (§163.3177(6)(h)3.a., F.S.)
      3. Provide procedures for identifying and implementing joint planning areas, especially for the purpose of annexation, municipal incorporation, and joint infrastructure service areas. (§163.3177(6)(h)1.a., F.S.)
      4. Provide for a dispute resolution process, as established pursuant to s. 186.509, for bringing intergovernmental disputes to closure in a timely manner. (§163.3177(6)(h)1.b., F.S.)
      5. Provide for interlocal agreements as established pursuant to s. 333.03(1)(b). (§163.3177(6)(h)1.c., F.S.)
      6. Describe joint processes for collaborative planning and decision-making on population projections and public school siting, the location and extension of public facilities subject to concurrency, and siting facilities with countywide significance, including locally unwanted land uses whose nature and identity are established in an agreement. (§163.3177(6)(h)2., F.S.)
      7. Ensure coordination in establishing level of service standards for public facilities with any state, regional, or local entity having operational and maintenance responsibility for such facilities. (§163.3177(6)(h)3.b., F.S.)
    3. Within 1 year after adopting their intergovernmental coordination elements, each county, all the municipalities within that county, the district school board, and any unit of local government service providers in that county must establish, by interlocal agreement or other formal agreement executed by all affected entities, the joint processes described in the statute consistent with their adopted intergovernmental coordination elements. (§163.3177(6)(h)3., F.S.)
    4. Deletions
      1. The requirement that the intergovernmental coordination element recognize campus master plans and airport master plans of previous §163.3177(6)(h)1.b., F.S., is deleted.
      2. The provisions of former §163.3177(6)(h)5.-7, concerning a report to the Department of Community Affairs on service deficiencies, are deleted.
  • The provisions addressing public school facilities elements in former §163.3177(12), F.S., are deleted.
  • The provisions defining consistency, as it relates to consistency of local comprehensive plans with the state comprehensive plan and appropriate regional policy plan, in former §163.3177(10)(a), F.S., are deleted. This deletion, coupled with the deletion of chapter 9J-5, F.A.C., eliminates the explicit definitions of the “compatible with” and “furthers” terms that are used in the “consistency” provision of §163.3194(3)(a), F.S., which was not deleted. See the updated Consistency with the comprehensive plan for more on the definition of consistency.
  • The provisions in former §163.3177(10), F.S., addressing the rules of chapter 9J-5, are deleted.
  • The community vision provisions of former §163.3177(13), F.S., are deleted.
  • The urban service boundary provisions of former §163.3177(14), F.S., are deleted.