Category Archives: 2. Legal Authority to Regulate

Process for review and adoption of plan amendments (§§163.3184 and 163.3187, F.S.)

This is a summary review of §§163.3184 and 163.3187, F.S., as amended in 2011 (by Sections 17 and 18 of Florida HB 7207). It addresses the process of amending the 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 bill or the official Florida Statutes for the actual statutory provisions.

  1. Section 163.3184 is changed to direct how all plan amendments, except small-scale amendments, are processed. Section 163.3187 is changed from directing how all plan amendments are processed to just addressing the process for small-scale amendments.
  2. A significant change is the deletion of the restriction limiting amendments of the comprehensive plan to no more than twice a year, from previous §163.3187(1)(a), F.S.
  3. The definition of “in compliance” is amended to remove the reference to the state comprehensive plan and chapter 9J-5, Florida Administrative Code. (§163.3184(1)(b), F.S.)
  4. A definition list of “reviewing agencies” is added. (§163.3184(1)(c), F.S.)
  5. Expedited State Review Process. An expedited state review process, based on the previous §163.32465(2) pilot program, is added.
    1. All plan amendments, on a state-wide basis, must follow this expedited process except: 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. The exceptions must follow the “State coordinated review process” of §163.3184(4). (§163.3184(2) and (3)(a), F.S.)
    2. Qualifying small-scale development amendments may use the expedited process or the small scale process of §163.3187. (§163.3184(2)(b), F.S.)
    3. Reviewers’ commenting process (all new language, although some is borrowed).
      1. Within 10 days of the initial public hearing, the local government must transmit the proposed amendments, and appropriate supporting data and analyses, to the applicable “reviewing agencies” and any other local government or governmental agency that has filed a written request (“reviewers” for this discussion). (§163.3184(3)(b)1., F.S.)
      2. The reviewers must transmit their comments so they are received by the local government not later than 30 days from the date the reviewer received the plan amendment and must also send a copy of their comments to the state land planning agency. (§163.3184(3)(b)2., F.S.)
      3. The reviewers are limited in the allowable scope of their comments.
        1. State agencies may only comment on important state resources and facilities that would be adversely impacted by the amendment and must state their comments with specificity, identifying measures the local government may take to eliminate, reduce, or mitigate the adverse impacts. Such state agency comments, if not resolved, may result in a challenge by the state land planning agency to the plan amendment. (§163.3184(3)(b)2., F.S.)
      4. The Department of Environmental Protection must limit its comments to the subjects of air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interests in lands; solid waste; water and wastewater treatment; and the Everglades ecosystem restoration. (§163.3184(3)(b)4.a., F.S.)
      5. The Department of State must limit its comments to the subjects of historic and archeological resources. (§163.3184(3)(b)4.b., F.S.)
      6. The Department of Transportation must limit its comments to issues within the agency’s jurisdiction related to transportation resources and facilities of state importance. (§163.3184(3)(b)4.c., F.S.)
      7. The Fish and Wildlife Conservation Commission must limit its comments to subjects relating to fish and wildlife habitat and listed species and their habitat. (§163.3184(3)(b)4.d., F.S.)
      8. The Department of Agriculture and Consumer Services must limit its comments to the subjects of agriculture, forestry, and aquaculture issues. (§163.3184(3)(b)4.e., F.S.)
      9. The Department of Education must limit its comments to the subject of public school facilities. (§163.3184(3)(b)4.f., F.S.)
      10. The appropriate water management district must limit its comments to flood protection and floodplain management, wetlands and other surface waters, and regional water supply. (§163.3184(3)(b)4.g., F.S.)
      11. The state land planning agency must limit its comments to important state resources and facilities outside the jurisdiction of other commenting state agencies and may include comments on countervailing planning policies and objectives served by the plan amendment that should be balanced against potential adverse impacts to important state resources and facilities.(§163.3184(3)(b)4.h., F.S.)
      12. The regional planning council comments are limited to adverse effects on regional resources or facilities identified in the strategic regional policy plan and extra-jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. A regional planning council may not comment on a proposed plan amendment prepared by the council unless the plan amendment has been changed by the local government after it was prepared by the regional planning council. (§163.3184(3)(b)3.a., F.S.)
      13. County comments must be in the context of the relationship and effect of the proposed plan amendments on the county plan. (§163.3184(3)(b)3.b., F.S.)
      14. Municipal comments must be in the context of the relationship and effect of the proposed plan amendments on the municipal plan. (§163.3184(3)(b)3.c., F.S.)
      15. Military installation comments must follow §163.3175. (§163.3184(3)(b)3.d., F.S.)
  6. The second public hearing, which is the hearing on whether or not to adopt the plan amendment, is held in the same manner as the non-expedited review second public hearing. (§163.3184(3)(c)1., F.S.)
  7. If the local government fails to hold the second public hearing on the plan amendments, except those processed pursuant to §380.06, within 180 days after the receipt of the reviewers’ comments, the amendments must be deemed withdrawn, unless extended by agreement (the statute does not say between whom) with notice to the state land planning agency and any “affected person” who provided comments on the amendment. (§163.3184(3)(c)1., F.S.)
  8. An adopted plan amendment, along with the supporting data and analysis, must be transmitted within 10 days after the second public hearing to the state land planning agency and any timely commenting reviewers. (§163.3184(3)(c)2., F.S.)
    1. The transmitted amendment package must be “complete.” To be complete, an amendment must contain:
      1. a full, executed copy of the adoption ordinance;
      2. in the case of a text amendment, a full copy of the amended language in legislative format with new words inserted in the text underlined, and words deleted stricken with hyphens;
      3. in the case of a future land use map amendment, a copy of the future land use map clearly depicting the parcel, its existing future land use designation, and its adopted designation; and
      4. a copy of any data and analyses the local government deems appropriate. (§163.3184(3)(c)3., F.S.)
  9. The state land planning agency must notify the local government of any deficiencies within five working days after the receipt of a complete amendment package. (§163.3184(3)(c)3., F.S.)
  10. An amendment adopted under this process that is not challenged, in a timely manner, becomes effective 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. (§163.3184(3)(c)4., F.S.)
  11. If timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. (§163.3184(3)(c)4., F.S.)
  • State Coordinated Review Process.
    1. All comprehensive plans or plan amendments that aren’t reviewed under the expedited or small-scale review process are reviewed through this process. (§163.3184(4)(a), F.S.)
    2. The state land planning agency is responsible for plan review, coordination, and the preparation and transmission of comments to the local government for this type of review. (§163.3184(4)(a), F.S.)
    3. Local government transmittal. Immediately following the first public hearing on a comprehensive plan or plan amendment under this process, the local government must transmit the plan amendment, clearly identified as being under this type of review, to the “reviewing agencies” and any other unit of local government or government agency in the state that has so requested by written request. (§163.3184(4)(b), F.S.)
      1. The previous language of §163.3184(3)(b), F.S., about what materials should be sent to what agency, is deleted.
      2. The previous language of §163.3184(3)(d), F.S., about what constitutes an amendment cycle, is deleted.
    4. Reviewers’ comments. The reviewing agencies comments and any other commenter (except the state land planning agency) are to be made in the same manner and with the same restrictions as for the expedited state review process except any comments must be sent by the agencies to the state land planning agency within 30 days after the state land planning agency received the complete proposed plan or plan amendment from the local government. (§163.3184(4)(c), F.S.)
      1. The previous language of §163.3184(5), F.S., about the review by the regional planning council, any county, or any municipality, is deleted, as that was indicated (in substantially similar language) in the expedited review process and applied by reference.
    5. Written comments submitted by the public are to be sent directly to the local government. (§163.3184(4)(c), F.S.)
    6. The state land planning agency review.
      1. If the state land planning agency elects to review a plan or plan amendment submitted through this process, the agency must issue a report giving its objections, recommendations, and comments (“ORC report”) within 60 days after the receipt of the plan or plan amendment. (§163.3184(4)(d)1., F.S.)
      2. Notwithstanding the limitations on comments by the state land planning agency indicated in the expedited process, the state land planning agency may make objections, recommendations, and comments in its report regarding whether the plan or plan amendment is in compliance and/or will adversely impact important state resources and facilities. (§163.3184(4)(d)1., F.S.)
        1. Although the enrolled version of the adopting bill indicates sub-subparagraph (3)(b)4.g., it is assumed the reference was supposed to be to (3)(b)4.h. instead, since that is the one that speaks to the state land planning agency comment limitations.
      3. The state land planning agency, in conducting its review of local plans or plan amendments, may make objections, recommendations, and comments regarding densities and intensities consistent with the provisions of the statute. (§163.3184(4)(d)1., F.S.)
      4. Any objection that says the plan or plan amendment will adversely impact an important state resource or facility must specify how the important state resource or facility will be impacted and identify measures the local government may take to eliminate, reduce, or mitigate the adverse impacts. (§163.3184(4)(d)1., F.S.)
      5. In preparing its comments, the state land planning agency must only base its considerations on written, and not oral, comments. (§163.3184(4)(d)1., F.S.)
      6. The state land planning agency review must identify all written communications with the agency regarding the proposed plan amendment. The written identification must include a list of all documents received or generated by the agency, which list must be of sufficient specificity to enable the documents to be identified and copies requested, if desired, and the name of the person to be contacted to request copies of any identified document. (§163.3184(4)(d)2., F.S.)
      7. The previous language of §163.3184(6)(a), F.S., about the review by the state land planning agency at the request of a regional planning council, affected person, or local government, is deleted
      8. The previous language of §163.3184(6)(b), F.S., about the state land planning agency being able to review any proposed plan amendment if notice is provided to the local government, is deleted
    7. When a federal, state, or regional agency has implemented a permitting program, a local government is not required to duplicate or exceed that permitting program in its comprehensive plan or to implement such a permitting program in its land development regulations. (§163.3184(4)(d)1., F.S.)
      1. The presence of substantially the same language in §163.3177(1)(e), F.S., which addresses the requirements of comprehensive plans, indicates this provision has wider application than just the state land planning agency review of plan amendments.
    8. Local government review of comments. The local government must review the report submitted to it by the state land planning agency, if any, and any written comments submitted to it by any other person, agency, or government. (§163.3184(4)(e)1., F.S.)
    9. Adoption of the comprehensive plan or plan amendment. Upon receipt of the report from the state land planning agency, the local government must hold the decision public hearing, to adopt or not adopt the plan or plan amendment, pursuant to the provisions of subsection 163.3184(11). Except plan amendments processed pursuant to the DRI process, if the hearing is not held within 180 days after receipt of the state land planning agency’s report, the amendments will be deemed withdrawn, unless extended by agreement (between the applicant and the local government?) with notice to the state land planning agency and any “affected person” that provided comments. (§163.3184(4)(e)1., F.S.)
    10. Transmittal.
      1. All comprehensive plan amendments adopted by the governing body, along with the supporting data and analysis, must be transmitted within 10 days after the second public hearing to the state land planning agency and any other agency or local government that provided timely comments. (§163.3184(4)(e)2., F.S.)
      2. The state land planning agency must notify the local government of any completeness deficiencies within 5 working days after receipt of a plan or plan amendment package. What constitutes a “complete” package is the same as required for the expedited review process. (§163.3184(4)(e)3., F.S.)
    11. After the state land planning agency makes a completeness determination, the agency has 45 days to determine if the plan or plan amendment is in compliance with the Community Planning Act. (§163.3184(4)(e)4., F.S.)
      1. Unless the plan or plan amendment is substantially changed from the one commented on, the state land planning agency’s compliance determination is limited to objections raised in the “ORC” report. (§163.3184(4)(e)4., F.S.)
      2. Within the 45 day determination period, a senior administrator or the secretary of the state land planning agency must issue a notice of intent to find that the plan or plan amendment is or is not in compliance. (§163.3184(4)(e)4., F.S.)
      3. A copy of the notice of intent must be posted on the state land planning agency’s Internet website. This publication of the notice of intent on the state land planning agency’s Internet site is prima facie evidence of compliance with the publication requirements. (§163.3184(4)(e)4., F.S.)
    12. Effective date.
      1. A plan or plan amendment adopted under the state coordinated review process goes into effect pursuant to the state land planning agency’s notice of intent. (§163.3184(4)(e)5., F.S.)
      2. If timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. (§163.3184(4)(e)5., F.S.)

  • Administrative challenges to comprehensive plans and plan amendments. (all new language)
    1. This process replaces the provisions of §163.3184(9) and (10)
    2. Any “affected person” (the definition of which did not change) may file a petition with the Division of Administrative Hearing, pursuant to ss. 120.569 and 120.57, with a copy served on the affected local government, within 30 days after the local government adopts the plan or amendment, to request a formal hearing to challenge whether the plan or plan amendments are “in compliance,” as defined in the section. (§163.3184(5)(a), F.S.)
      1. The state land planning agency may not intervene in this proceeding. (§163.3184(5)(a), F.S.)
      2. Due to the timing deadlines, an affected person wishing to file may not know the state land planning agency’s decision on whether the amendment is in compliance before the filing deadline.
    3. The state land planning agency may file a petition with the Division of Administrative Hearings, pursuant to ss. 120.569 and 120.57, with a copy served on the affected local government, to request a formal hearing to challenge whether the plan or plan amendments are “in compliance,” as defined in the section. (§163.3184(5)(b), F.S.)
      1. The agency’s petition must clearly state the reasons for the challenge.
      2. Under the expedited state review process, the petition must be filed with the division within 30 days after the state land planning agency notifies the local government the plan amendment package is “complete.” (§163.3184(5)(b), F.S.)
      3. Under the state coordinated review process, the petition filing deadline is 45 days after the state land planning agency notifies the local government that the plan amendment package is “complete.” (§163.3184(5)(b), F.S.)
      4. The agency’s challenge to a plan amendment adopted under the expedited state review process is limited to the comments provided by the reviewing agencies, upon a determination by the state land planning agency that an important state resource or facility will be adversely impacted by the adopted plan amendment. (§163.3184(5)(b)1., F.S.)
        1. The petition must state with specificity how the plan amendment will adversely impact the important state resource or facility. (§163.3184(5)(b)1., F.S.)
        2. The agency may challenge a plan amendment that has substantially changed from the version on which the agencies commented but only upon a determination by the state land planning agency that an important state resource or facility will be adversely impacted. (§163.3184(5)(b)1., F.S.)
    4. If the state land planning agency issues a notice of intent to find the comprehensive plan or plan amendment not in compliance with this act, the notice of intent must be forwarded to the Division of Administrative Hearings, which will conduct a proceeding under ss. 120.569 and 120.57 in the county of and convenient to the affected local jurisdiction. (§163.3184(5)(b)2., F.S.)
      1. The parties to the proceeding will be the state land planning agency, the affected local government, and any affected person who intervenes. (§163.3184(5)(b)2., F.S.)
      2. No new issue may be alleged as a reason to find a plan or plan amendment not in compliance in an administrative pleading filed more than 21 days after publication of notice unless the party seeking that issue establishes good cause for not alleging the issue within that time period. Good cause does not include excusable neglect. (§163.3184(5)(b)2., F.S.)
    5. The hearing on whether the plan or plan amendment is in compliance will be held by an administrative law judge in the affected local jurisdiction. (§163.3184(5)(c), F.S.)
      1. In challenges filed by an affected person, the comprehensive plan or plan amendment must be determined to be in compliance if the local government’s determination of compliance is fairly debatable. (§163.3184(5)(c)1., F.S.)
      2. In challenges filed by the state land planning agency, the local government’s determination that the comprehensive plan or plan amendment is in compliance is presumed to be correct and the local government’s determination will be sustained unless it is shown by a preponderance of the evidence that the comprehensive plan or plan amendment is not in compliance. (§163.3184(5)(c)2.a., F.S.)
      3. In challenges filed by the state land planning agency, the local government’s determination that elements of its plan are related to and consistent with each other will be sustained if the determination is fairly debatable. (§163.3184(5)(c)2.b., F.S.)
      4. In challenges filed by the state land planning agency that require a determination by the agency that an important state resource or facility will be adversely impacted by the adopted plan or plan amendment, the local government may contest the agency’s determination of an important state resource or facility. The state land planning agency must prove its determination by clear and convincing evidence. (§163.3184(5)(c)3., F.S.)
    6. Administrative law judge recommendation and final agency action.
      1. If the administrative law judge recommends that the amendment be found not in compliance, the judge must submit the recommended order to the Administration Commission for final agency action. The Administration Commission must enter a final order within 45 days after its receipt of the recommended order. (§163.3184(5)(d), F.S.)
      2. If the administrative law judge recommends that the amendment be found in compliance, the judge must submit the recommended order to the state land planning agency. (§163.3184(5)(d), F.S.)
        1. If the state land planning agency determines that the plan amendment should be found not in compliance, the agency must refer, within 30 days after receipt of the recommended order, the recommended order and its determination to the Administration Commission for final agency action. (§163.3184(5)(d)1., F.S.)
        2. If the state land planning agency determines that the plan amendment should be found in compliance, the agency must enter its final order not later than 30 days after receipt of the recommended order. (§163.3184(5)(d)2., F.S.)
  • Compliance Agreements
    1. The provisions are new language that replace, and borrow heavily from, the previous §163.3184(16), F.S., which is deleted.
    2. At any time after the filing of a challenge, the state land planning agency and the local government may voluntarily enter into a compliance agreement to resolve one or more of the issues raised in the proceedings. Affected persons who have initiated a formal proceeding or have intervened in a formal proceeding may also enter into a compliance agreement with the local government. (§163.3184(6)(a), F.S.)
    3. All parties granted intervenor status must be provided reasonable notice (the statute doesn’t say by whom) of the commencement of a compliance agreement negotiation process and a reasonable opportunity to participate in such negotiation process. (§163.3184(6)(a), F.S.)
    4. Negotiation meetings with local governments or intervenors are open to the public. (§163.3184(6)(a), F.S.)
    5. The compliance agreement must list each portion of the plan or plan amendment that has been challenged and specify remedial actions the local government has agreed to complete within a specified time to resolve the challenge, including adoption of all necessary plan amendments. (§163.3184(6)(a), F.S.)
    6. The compliance agreement may also establish monitoring requirements and incentives to ensure that the conditions of the compliance agreement are met. (§163.3184(6)(a), F.S.)
    7. Before its execution of a compliance agreement, the local government must approve the compliance agreement at a public hearing advertised at least 10 days before the public hearing in a newspaper of general circulation in the area, in accordance with the advertisement requirements of chapter 125 or chapter 166, as applicable. (§163.3184(6)(c), F.S.)
    8. The local government must hold a single public hearing for adopting remedial amendments. (§163.3184(6)(d), F.S.)
    9. The state land planning agency must provide each party granted intervenor status a copy of the compliance agreement within 10 days after the agreement is executed. (§163.3184(6)(a), F.S.)
    10. Upon the filing of a compliance agreement, executed by the parties to the challenge and the local government, with the Division of Administrative Hearings, any administrative proceeding under ss. 120.569 and 120.57 on the plan or plan amendment covered by the compliance agreement must be stayed. (§163.3184(6)(b), F.S.)
    11. For challenges to amendments adopted under the expedited review process, if the local government adopts a comprehensive plan amendment pursuant to a compliance agreement, an affected person or the state land planning agency may file a revised challenge with the Division of Administrative Hearings within 15 days after the adoption of the remedial amendment. (§163.3184(6)(e), F.S.)
    12. For challenges to amendments adopted under the state coordinated process, the state land planning agency, upon receipt of a plan or plan amendment adopted pursuant to a compliance agreement, will issue a cumulative notice of intent addressing both the remedial amendment and the plan or plan amendment that was the subject of the agreement. (§163.3184(6)(f), F.S.)
      1. If the local government adopts a comprehensive plan or plan amendment pursuant to a compliance agreement and a notice of intent to find the plan amendment in compliance is issued, the state land planning agency will forward the notice of intent to the Division of Administrative Hearings and the administrative law judge will realign the parties in the pending proceeding. The proceeding will then be governed by the “affected person” provisions contained in paragraph (5)(a) and subparagraph (5)(c)1. (§163.3184(6)(f)1., F.S.)
      2. Parties to the original proceeding at the time of realignment may continue as parties without being required to file additional pleadings to initiate a proceeding, but may timely amend their pleadings to raise any challenge to the amendment that is the subject of the cumulative notice of intent, and must otherwise conform to the rules of procedure of the Division of Administrative Hearings. (§163.3184(6)(f)1., F.S.)
      3. Any affected person not a party to the realigned proceeding may challenge the plan amendment that is the subject of the cumulative notice of intent by filing a petition with the agency as provided in subsection (5). The agency will forward the petition filed by the affected person not a party to the realigned proceeding to the Division of Administrative Hearings for consolidation with the realigned proceeding. (§163.3184(6)(f)1., F.S.)
      4. If the cumulative notice of intent is not challenged, the state land planning agency must request that the Division of Administrative Hearings relinquish jurisdiction to the state land planning agency for issuance of a final order. (§163.3184(6)(f)1., F.S.)
      5. If the local government adopts a comprehensive plan amendment pursuant to a compliance agreement and a notice of intent is issued that finds the plan amendment not in compliance, the state land planning agency must forward the notice of intent to the Division of Administrative Hearings, which will consolidate the proceeding with the pending proceeding and immediately set a date for a hearing in the pending proceeding under ss. 120.569 and 120.57. (§163.3184(6)(f)2., F.S.)
      6. Affected persons who are not a party to the underlying proceeding under ss. 120.569 and 120.57 may challenge the plan amendment adopted pursuant to the compliance agreement by filing a petition pursuant to paragraph (5)(a). (§163.3184(6)(f)1., F.S.)
    13. The compliance agreement provisions do not prohibit a local government from amending portions of its comprehensive plan other than those that are the subject of a challenge. However, such amendments to the plan may not be inconsistent with the compliance agreement. (§163.3184(6)(g), F.S.)
    14. The compliance agreement provisions do not require settlement by any party against its will or preclude the use of other informal dispute resolution methods in the course of or in addition to the method described in this subsection. (§163.3184(6)(h), F.S.)
  • Mediation and expeditious resolution.
    1. At any time after the administrative challenge has been forwarded to the Division of Administrative Hearings, the local government proposing the amendment may demand formal mediation, informal mediation, or expeditious resolution of the amendment proceedings. An affected person who is a party to the proceeding may demand informal mediation or expeditious resolution of the amendment proceedings. The demands are made by serving written notice on the state land planning agency, if the agency is a party to the proceeding, all other parties to the proceeding, and the administrative law judge. (§163.3184(7)(a), F.S.)
    2. Upon receipt of a notice of such a demand, the administrative law judge must set the matter for final hearing no more than 30 days after receipt of the notice. Once a final hearing has been set, no continuance in the hearing, and no additional time for post-hearing submittals, may be granted without the written agreement of the parties absent a finding by the administrative law judge of extraordinary circumstances. Extraordinary circumstances do not include matters relating to workload or need for additional time for preparation, negotiation, or mediation. (§163.3184(7)(b), F.S.)
      1. This provision seems to only apply to the demand for expeditious resolution (especially in light of the tight time frame and the last word of the last sentence), not the demands for formal or informal mediation, even though it purports to apply to all.
    3. Absent a showing of extraordinary circumstances, in an administrative challenge case, the administrative law judge must issue a recommended order within 30 days after filing of the transcript, unless the parties agree in writing to a longer time. (§163.3184(7)(c), F.S.)
    4. Absent a showing of extraordinary circumstances, in an administrative challenge case, the Administration Commission must issue a final order within 45 days after the issuance of the recommended order, unless the parties agree in writing to a longer time. (§163.3184(7)(d), F.S.)
  • Administration Commission
    1. The provisions of former subsection (11), now subsection (8), are substantially unchanged, with mainly changes to reflect the new cross references.
    2. One substantive change is to clarify that the sanctions the commission may specify are those to which the local government will be subject if it elects to make the plan amendment effective notwithstanding the determination of noncompliance. (§163.3184(8)(b), F.S.)
  • The Good Faith Filing and Exclusive Proceedings provisions of former subsections (12) and (13), respectively, now subsections (9) and (10), respectively, are unchanged.
  • Public Hearings
    1. The provisions of former subsection (15), now subsection (11), are substantially unchanged, with mainly changes to reflect the new cross references and cross references to the notice being published pursuant to the relevant provisions of chapter 125 for counties or chapter 166 for municipalities.
    2. One change is to move the language from previous §163.3187(5), F.S. that says nothing in the provisions is intended to prohibit or limit the authority of local governments to require an amendment applicant to pay some or all of the cost of the public notice. (§163.3184(11)(c), F.S.)
  • Process for adoption of small-scale comprehensive plan amendments. (§163.3187)
    1. An allowed small-scale amendment is a future land use map amendment for a site-specific small scale development activity of 10 acres or fewer acres, where the annual cumulative acres of small scale amendments by that local government is not in excess of 120 acres and the amendment property is not located within an area of critical state concern (with limited exceptions). (§163.3187(1), F.S.)
      1. A text change that relates directly to the small scale land use map amendment may be adopted simultaneously. (§163.3187(1)(c), F.S.)
      2. The provisions of previous §163.3187(c)1.a.(I) – (III), F.S., which varied the maximum acreage by specific types of areas or factors in the jurisdiction, are deleted.
      3. The provisions of previous §163.3187(c)1.f., F.S., addressing limitations on small scale amendments involving residential land uses, are deleted.
    2. The provisions of previous §163.3187(c)2.a., F.S., addressing public notice requirements, are deleted.
    3. The provisions requiring only one public hearing for the adoption of a small scale amendment remain, with minor modifications. (§163.3187(2), F.S.)
    4. The provisions allowing a doubling of the 10-acre limit for small scale amendment in a rural area of critical economic concern, in certain circumstances, remain, with minor modifications. (§163.3187(3), F.S.)
    5. Any affected person may file a petition to challenge the compliance of a small scale amendment under essentially the same provisions as the previous wording except the local government’s compliance determination, although no longer presumed to be correct, only needs to be shown to be fairly debatable and the state land planning agency may not intervene in a small scale amendment challenge. (§163.3187(5)(a), F.S.)
    6. The provisions of §163.3187(5)(b), F.S., addressing the actions by the administrative law judge and the final agency action on challenges of small scale amendments, are essentially unchanged.
    7. The effective date provisions are essentially unchanged. (§163.3187(5)(c), F.S.)
    8. A new provision was added which say, in all challenges of small scale amendments, in making a determination of compliance, consideration must be given to the plan amendment as a whole and whether the plan amendment furthers the intent of the statute. (§163.3187(5)(d), F.S.)
  • Concurrent zoning. The provisions of former §163.3184(3)(e), F.S., allowing the concurrent enactment of necessary zoning changes with plan amendment adoption, are moved, with minor amendments, to subsection 163.3184(12).
  • Effectiveness of plan amendments in Areas of Critical State Concern. The provisions of former §163.3184(14), F.S., stating an plan amendment applicable to a designated area of critical state concern will not be effective until a final order is issued finding the plan “in compliance,” are moved, with minor amendments, to subsection (13).
  • Subsection 163.3187(4) preserves the requirement that comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan. Because this provision is now under the small amendments section, rather than the general plan amendment section it was previously, it is not clear if the admonition only applies to small scale amendments or to all plan amendments.
  • The provisions of former §163.3184(15)(c) and (d), F.S., addressing sign-in forms at the transmittal and adoption hearings, are deleted.
  • The provisions of former §163.3184(15)(e), F.S., requiring plan amendments that change the actual list of allowable uses to be noticed in the same manner as an amendment to a land development regulations ordinance that does the same, are deleted.
  • The provisions of former §163.3184(17), (18), and (19), F.S., addressing community vision and urban boundary plan amendments, urban infill and redevelopment plan amendments, and housing incentive strategy plan amendments, respectively, are deleted.
  • The provisions of former §163.3187(4), F.S., requiring transmittal of copies of all plan amendments to the state land planning agency for the purpose of keeping the state files up to date, are deleted.
  • The provisions of former §163.3187(6), F.S., addressing plan amendments relative to evaluation and appraisal reports, are deleted.
  • The provisions of previous §163.3187(1)(d)-(q), F.S., addressing various exceptions to the limit on the frequency of adoption, are deleted.
Advertisements

Evaluation and appraisal review (§163.3191, F.S.)

This is a review of §163.3191, F.S., as amended in 2011 (by section 20 of Florida HB 7207, chapter 2011-139, Laws of Florida (2011)). 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 – Evaluation and appraisal review – for an unofficial version of the language from the bills integrated into the previous statute provisions.

  • This section was completely rewritten, with almost all of the previous provisions deleted. The new provisions shift the evaluation and appraisal process from a formal mandated audit report scrutinized by the state land planning agency to a less formal review of whether changes are needed to meet state law and to reflect the local assessment of needed changes.
  • At least once every 7 years, each local government must evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in state requirements and notify the state land planning agency of its determination. (§163.3191(1), F.S.)
  • If the determination is that plan amendments are necessary, the local government must prepare and transmit the needed plan amendments for review, pursuant to §163.3184, within one year. (§163.3191(2), F.S.)
  • If a local government fails to submit its evaluation letter or update its plan within the timeframes, it may not amend its comprehensive plan until it complies with these requirements. (§163.3191(4), F.S.)
  • Local governments are encouraged to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. (§163.3191(3), F.S.)
  • The statute prohibits the state land planning agency from adopting rules to implement this section, other than procedural rules or a schedule indicating when local governments must comply with the requirements of the section. (§163.3191(5), F.S.)
  • All local governments are governed by these revised provisions, notwithstanding a local government’s previous failure to timely adopt its evaluation and appraisal report or evaluation and appraisal report-based amendments by the due dates previously established by the state land planning agency. (§ 75, HB 7207)

Rural land stewardship areas (§163.3248, F.S.)

This is a review of §163.3248, F.S., as adopted in 2011 (as part of Florida HB 7207). 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 – Rural Land Stewardship Areas – for an unofficial version of the language from HB 7207.

  1. This is a new section created, in large part, from provisions in the previous §163.3177(d). See this PDF – Rural land stewardship areas provisions from previous 163.3177 – to see the transferred language.
  2. The Legislature intended that the section “be implemented pursuant to law” and prohibited rulemaking on the section. (163.3248(10), F.S.)
  3. The intent of rural land stewardship areas (RLSAs) is
    1. to establish a long-term incentive based strategy
      1. to balance and guide the allocation of land
      2. so as to accommodate future land uses in a manner that
        1. protects the natural environment,
        2. stimulate economic growth and diversification, and
        3. encourage the retention of land for agriculture and other traditional rural land uses. (163.3248(1), F.S.)
    2. to provide economic and regulatory incentives for landowners outside of established and planned urban service areas
      1. to conserve and manage vast areas of land
      2. for the benefit of the state’s citizens and natural environment
      3. while maintaining and enhancing the asset value of their landholdings. (163.3248(10), F.S.)
  4. In addition to the principles of rural sustainability RLSAs may be established to further stated in the previous language of §163.3177, F.S. (restoration and maintenance of the economic value of rural land; control of urban sprawl; identification and protection of ecosystems, habitats, and natural resources; maintenance of the viability of the state’s agricultural economy), the section adds: promotion and diversification of economic activity and employment opportunities within the rural areas; and protection of private property rights in rural areas of the state. (163.3248(3), F.S.)
  5. A RLSA overlay proposal may now be initiated by a request by property owners to the local government or by a private sector initiated plan amendment, rather than requiring an authorization from the state land planning agency. (163.3248(2), F.S.)
  6. The local government or one or more of the property owners may request assistance and participation in the development of a plan for the rural land stewardship area from the state land planning agency, the Department of Agriculture and Consumer Services, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the appropriate water management district, the Department of Transportation, the regional planning council, private land owners, and stakeholders. (163.3248(4), F.S.)
  7. RSLAs may be multi-county, in order to encourage coordinated regional stewardship planning. (163.3248(3), F.S.)
  8. The RLSA must still be at least 10,000 acres, be located outside of municipalities and established urban service areas and, as the new language clarifies, be designated by plan amendment by each local government with jurisdiction over the proposed RLSA. (163.3248(5), F.S.)
  9. The plan amendment(s) designating the RSLA must provide for the following:
    1. Criteria for the designation of receiving areas which, at a minimum, provide for the following:
      1. adequacy of suitable land to accommodate development so as to avoid conflict with significant environmentally sensitive areas, resources, and habitats;
      2. compatibility between and transition from higher density uses to lower intensity rural uses; and
      3. the establishment of receiving area service boundaries that provide for a transition from receiving areas and other land uses within the rural land stewardship area through limitations on the extension of services. (163.3248(5)(a), F.S.)
    2. Innovative planning and development strategies to be applied within rural land stewardship areas pursuant to this section. (163.3248(5)(b), F.S.)
    3. A process for the implementation of innovative planning and development strategies within the rural land stewardship area, which provide for a functional mix of land uses, through the adoption by the local government of zoning and land development regulations applicable to the rural land stewardship area. (163.3248(5)(c), F.S.)
    4. A mix of densities and intensities that would not be characterized as urban sprawl through the use of innovative strategies and creative land use techniques. (163.3248(5)(d), F.S.)
  10. The RSLA review may not require a demonstration of need based on population projections or any other factors. (163.3248(2), F.S.)
  11. When the plan amendment(s) creating the RLSA is adopted, the local government(s) must adopt an ordinance that establishes a rural land stewardship overlay zoning district (“RLS overlay”).
    1. Stewardship credits. The RLS overlay must provide the methodology for the creation, conveyance, and use of transferable rural land use credits (“stewardship credits”).
      1. The total amount of stewardship credits within the rural land stewardship area must enable the realization of the long-term vision and goals for the rural land stewardship area, which may take into consideration the anticipated effect of the proposed receiving areas.
      2. The assignment and application of stewardship credits does not constitute a right to develop land or increase the density of land, except as provided by the statute section. (163.3248(7), F.S.)
      3. Stewardship credits may exist only within a rural land stewardship area. (163.3248(8)(a), F.S.)
      4. Stewardship credits may be created only from lands designated as stewardship sending areas and may be used only on lands designated as stewardship receiving areas and then solely for the purpose of implementing innovative planning and development strategies and creative land use planning techniques adopted by the local government pursuant to this section. (163.3248(8)(b), F.S.)
      5. Stewardship credits assigned to a parcel of land within a rural land stewardship area will cease to exist if the parcel of land is removed from the rural land stewardship area by plan amendment. (163.3248(8)(c), F.S.)
      6. Once stewardship credits have been transferred from a designated sending area for use within a designated receiving area, the underlying density assigned to the designated sending area ceases to exist. (163.3248(8)(d), F.S.)
      7. Stewardship credits will cease to exist on a parcel of land where the underlying density assigned to the parcel of land is used. (163.3248(8)(f), F.S.)
      8. Stewardship credits may be assigned at different ratios of credits per acre according to the natural resource or other beneficial use characteristics of the land and according to the land use remaining after the transfer of credits, with the highest number of credits per acre assigned to the most environmentally valuable land or, in locations where the retention of open space and agricultural land is a priority, to such lands. (163.3248(8)(j), F.S.)
      9. Stewardship credits may be transferred from a sending area only after a stewardship easement is placed on the sending area land with assigned stewardship credits.
        1. A stewardship easement is a covenant or restrictive easement running with the land that specifies the allowable uses and development restrictions for the portion of a sending area from which stewardship credits have been transferred.
        2. The stewardship easement must be jointly held by the county and the Department of Environmental Protection, the Department of Agriculture and Consumer Services, a water management district, or a recognized statewide land trust. (163.3248(8)(k), F.S.)
    2. Receiving areas
      1. A receiving area may be designated only pursuant to procedures established in the local government’s land development regulations. (163.3248(6), F.S.)
      2. The estimated amount of receiving area must be projected based on available data, and the development potential represented by the stewardship credits created within the rural land stewardship area must correlate to that amount. (163.3248(7), F.S.)
      3. If receiving area designation requires the approval of the county board of county commissioners, such approval must be by resolution with a simple majority vote. (163.3248(6), F.S.)
      4. Before the commencement of development within a stewardship receiving area, a listed species survey must be performed for the area proposed for development.
        1. If listed species occur on the receiving area development site, the applicant must coordinate with each appropriate local, state, or federal agency to determine if adequate provisions have been made to protect those species in accordance with applicable regulations.
        2. In determining the adequacy of provisions for the protection of listed species and their habitats, the rural land stewardship area must be considered as a whole, and the potential impacts and protective measures taken within areas to be developed as receiving areas must be considered in conjunction with and compensated by lands set aside and protective measures taken within the designated sending areas. (163.3248(6), F.S.)
      5. An increase in the density or intensity of use on a parcel of land located within a designated receiving area may occur only through the assignment or use of stewardship credits and does not require a plan amendment. A change in the type of agricultural use on property within a rural land stewardship area is not considered a change in use or intensity of use and does not require any transfer of stewardship credits. (163.3248(8)(g), F.S.)
      6. A change in the density or intensity of land use on parcels located within receiving areas must be specified in a development order that reflects the total number of stewardship credits assigned to the parcel of land and the infrastructure and support services necessary to provide for a functional mix of land uses corresponding to the plan of development. (163.3248(8)(h), F.S.)
  12. Land within a rural land stewardship area may be removed from the rural land stewardship area through a plan amendment. (163.3248(8)(i), F.S.)
  13. Neither the creation of the rural land stewardship area by plan amendment nor the adoption of the rural land stewardship zoning overlay district by the local government may displace the underlying permitted uses or the density or intensity of land uses assigned to a parcel of land within the rural land stewardship area that existed before adoption of the plan amendment or zoning overlay district; however, once stewardship credits have been transferred from a designated sending area for use within a designated receiving area, the underlying density assigned to the designated sending area ceases to exist. (163.3248(8)(d), F.S.)
  14. The underlying permitted uses, density, or intensity on each parcel of land located within a rural land stewardship area may not be increased or decreased by the local government, except as a result of the conveyance or stewardship credits, as long as the parcel remains within the rural land stewardship area. (163.3248(8)(e), F.S.)
  15. The statute encourages the provision of other incentives to enter into rural land stewardship agreements, beyond stewardship credits, to owners of land within rural land stewardship sending areas. Such incentives may include:
    1. Opportunity to accumulate transferable wetland and species habitat mitigation credits for use or sale.
    2. Extended permit agreements.
    3. Opportunities for recreational leases and ecotourism.
    4. Compensation for the achievement of specified land management activities of public benefit, including facility siting and corridors, recreational leases, water conservation and storage, water reuse, wastewater recycling, water supply and water resource development, nutrient reduction, environmental restoration and mitigation, public recreation, listed species protection and recovery, and wildlife corridor management and enhancement.
    5. Option agreements for sale to public entities or private land conservation entities, in either fee or easement, upon achievement of specified conservation objectives. (163.3248(9), F.S.)
  16. An existing rural land stewardship area in Collier County is recognized as a statutory rural land stewardship area and afforded the incentives of the section. (163.3248(11), F.S.)

Sector Plans (§163.3245, F.S.)

This is a review of §163.3245, F.S., as amended in 2011 (by part of Florida HB 7207 and HB 1204).

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 – Sector Plans – for an unofficial version of the language from the bills as integrated into the previous statute provisions.

  1. Through the changes in this section, sector plans are shifted from a demonstration project to become a replacement for Development of Regional Impact (“DRI”) review for large acreage projects.
  2. A Sector Plan is now defined as “the process authorized by s. 163.3245 in which one or more local governments engage in long-term planning for a large area and address regional issues through adoption of detailed specific area plans within the planning area as a means of fostering innovative planning and development strategies, furthering the purposes of [part II of chapter 163] and part I of chapter 380, reducing overlapping data and analysis requirements, protecting regionally significant resources and facilities, and addressing extrajurisdictional impacts. The term includes an optional sector plan that was adopted before the effective date of this act.” (§163.3164(42), F.S.)
  3. The purposes to be served by sector plans are: (§163.3245(1), F.S.)
    1. To recognize the benefits of long-range planning for specific areas.
    2. To promote and encourage long-term planning for conservation, development, and agriculture on a landscape scale;
    3. To further the intent of §163.3177(11), which supports innovative and flexible planning and development strategies, and the purposes of part II of chapter 163 and part I of chapter 380;
    4. To facilitate protection of regionally significant resources, including regionally significant water courses and wildlife corridors; and
    5. To avoid duplication of effort in terms of the level of data and analysis required for a development of regional impact, while ensuring the adequate mitigation of impacts to applicable regional resources and facilities, including those within the jurisdiction of other local governments, as would otherwise be provided.
  4. Sector plans are intended for
    1. Substantial geographic areas with at least 15,000 acres (increased from the previous 5,000 acres);
    2. In one or more local governmental jurisdictions; and
    3. Are to emphasize urban form and protection of regionally significant resources and public facilities.
    4. But may not be adopted in an area of critical state concern. (§163.3245(1), F.S.)
  5. The sector plan process is no longer initiated through an agreement with the state land planning agency.
  6. Upon a request of a local government with jurisdiction over the intended area, the applicable regional planning council will conduct a scoping meeting with affected local governments and those agencies identified in §163.3184(1)(c). (§163.3245(2), F.S.)
    1. The purpose of this meeting is to assist the state land planning agency and the local government in the identification of the relevant planning issues to be addressed and the data and resources available to assist in the preparation of the sector plan. (§163.3245(2), F.S.)
    2. If a scoping meeting is conducted, the regional planning council must make written recommendations to the state land planning agency and affected local governments on the issues requested by the local government. (§163.3245(2), F.S.)
    3. The scoping meeting must be noticed and open to the public. (§163.3245(2), F.S.)
  7. If the entire planning area proposed for the sector plan is within the jurisdiction of two or more local governments, some or all of them may enter into a joint planning agreement (under §163.3171) with respect to:
    1. The geographic area to be subject to the sector plan,
    2. The planning issues that will be emphasized,
    3. The procedures for intergovernmental coordination to address extrajurisdictional impacts,
    4. Supporting application materials, including data and analysis,
    5. Procedures for public participation, or
    6. Other issues. (§163.3245(2), F.S.)
  8. Sector planning encompasses two levels:
    1. Adoption, pursuant to §163.3184, of a long-term master plan (previously called a “conceptual long-term buildout overlay) for the entire planning area as part of the comprehensive plan, and
    2. Adoption, by local development order (rather than the previously required plan amendment), of two or more (not clear why must be two or more rather than one) detailed specific area plans that implement the long-term master plan and within which the §380.06 developments of regional impact requirements are waived. (§163.3245(3), F.S.)
  9. The long-term master plan
    1. A long-term master plan must include maps, illustrations, and text supported by data and analysis to address: (§163.3245(3)(a), F.S.)
      1. A framework map that, at a minimum:
        1. Generally depicts areas of urban, agricultural, rural, and conservation land use,
        2. Identifies allowed uses in various parts of the planning area,
        3. Specifies maximum and minimum densities and intensities of use, and
        4. Provides the general framework for the development pattern in developed areas with graphic illustrations based on a hierarchy of places and functional place-making components. (§163.3245(3)(a)1., F.S.)
      2. A general identification of the water supplies needed and available sources of water, including water resource development and water supply development projects, and water conservation measures needed to meet the projected demand of the future land uses in the long-term master plan. (§163.3245(3)(a)2., F.S.)
      3. A general identification of the transportation facilities to serve the future land uses in the long-term master plan, including guidelines to be used to establish each modal component intended to optimize mobility. (§163.3245(3)(a)3., F.S.) The identified transportation facilities must be developed in coordination with the adopted M.P.O long range transportation plan. (§163.3245(4)(a), F.S.)
      4. A general identification of other regionally significant public facilities necessary to support the future land uses, which may include central utilities provided onsite within the planning area, and policies setting forth the procedures to be used to mitigate the impacts of future land uses on public facilities. (§163.3245(3)(a)4., F.S.)
      5. A general identification of regionally significant natural resources within the planning area based on the best available data and policies setting forth the procedures for protection or conservation of specific resources consistent with the overall conservation and development strategy for the planning area. (§163.3245(3)(a)5., F.S.)
      6. General principles and guidelines addressing:
        1. The urban form and the interrelationships of future land uses;
        2. The protection and, as appropriate, restoration and management of lands identified for permanent preservation through recordation of conservation easements consistent with §704.06, which will be phased or staged in coordination with detailed specific area plans to reflect phased or staged development within the planning area;
        3. Achieving a more clean, healthy environment;
        4. Limiting urban sprawl;
        5. Providing a range of housing types;
        6. Protecting wildlife and natural areas;
        7. Advancing the efficient use of land and other resources;
        8. Creating quality communities of a design that promotes travel by multiple transportation modes; and
        9. Enhancing the prospects for the creation of jobs. (§163.3245(3)(a)6., F.S.)
      7. Identification of general procedures and policies to facilitate intergovernmental coordination to address extrajurisdictional impacts from the future land uses. (§163.3245(3)(a)7., F.S.)
      8. The specification of the projected population within the planning area during the chosen planning period, and may include a phasing or staging schedule that allocates a portion of the local government’s future growth to the planning area through the planning period. (§163.3245(3)(a), F.S.)
    2. A long-term master plan adopted pursuant to this section may be based upon a planning period longer than the generally applicable planning period of the local comprehensive plan. (§163.3245(3)(a), F.S.)
    3. A long-term master plan adopted pursuant to this section is not required to demonstrate need based upon projected population growth or on any other basis. (§163.3245(3)(a)7., F.S.)
  10. The detailed specific area plans
    1. The detailed specific area plans must be consistent with the long-term master plan. (§163.3245(3)(b), F.S.)
    2. The detailed specific area plans must include conditions and commitments that provide for: (§163.3245(3)(b), F.S.)
      1. Development or conservation of an area of at least 1,000 acres consistent with the long-term master plan. The local government may approve detailed specific area plans of less than 1,000 acres based on local circumstances if it is determined that the detailed specific area plan furthers the purposes of part II of chapter 163 and part I of chapter 380. (§163.3245(3)(b)1., F.S.)
      2. Detailed identification and analysis of the maximum and minimum densities and intensities of use and the distribution, extent, and location of future land uses. (§163.3245(3)(b)2., F.S.)
      3. Detailed identification of water resource development and water supply development projects and related infrastructure and water conservation measures to address water needs of development in the detailed specific area plan. (§163.3245(3)(b)3., F.S.)
      4. Detailed identification of the transportation facilities to serve the future land uses in the detailed specific area plan. (§163.3245(3)(b)4., F.S.) The identified transportation facilities must be developed in coordination with the adopted M.P.O long range transportation plan. (§163.3245(4)(a), F.S.)
      5. Detailed identification of other regionally significant public facilities, including public facilities outside the jurisdiction of the host local government, impacts of future land uses on those facilities, and required improvements consistent with the long-term master plan. (§163.3245(3)(b)5., F.S.)
      6. Public facilities necessary to serve development in the detailed specific area plan, including developer contributions in a 5-year capital improvement schedule of the affected local government. (§163.3245(3)(b)6., F.S.)
      7. Detailed analysis and identification of specific measures to ensure the protection and, as appropriate, restoration and management of lands within the boundary of the detailed specific area plan identified for permanent preservation through recordation of conservation easements consistent with §704.06, which easements must be effective before or concurrent with the effective date of the detailed specific area plan and other important resources both within and outside the host jurisdiction. (§163.3245(3)(b)7., F.S.)
      8. Detailed principles and guidelines addressing
        1. The urban form and the interrelationships of future land uses;
        2. Achieving a more clean, healthy environment;
        3. Limiting urban sprawl;
        4. Providing a range of housing types;
        5. Protecting wildlife and natural areas;
        6. Advancing the efficient use of land and other resources;
        7. Creating quality communities of a design that promotes travel by multiple Transportation modes; and
        8. Enhancing the prospects for the creation of jobs. (§163.3245(3)(b)8., F.S.)
      9. Identification of specific procedures to facilitate intergovernmental coordination to address extrajurisdictional impacts from the detailed specific area plan. (§163.3245(3)(b)9., F.S.)
      10. Specification of the projected population within the specific planning area during the chosen planning period. (§163.3245(3)(b), F.S.)
    3. A detailed specific area plan adopted by local development order pursuant to this section may be based upon a planning period longer than the generally applicable planning period of the local comprehensive plan (§163.3245(3)(b), F.S.)
    4. A detailed specific area plan adopted pursuant to this section is not required to demonstrate need based upon projected population growth or on any other basis.
      (§163.3245(3)(b), F.S.)
    5. The adoption of a detailed specific area plan establishes a build-out date until which the approved development is not subject to downzoning, unit density reduction, or intensity reduction, unless the local government can demonstrate that implementation of the plan is not continuing in good faith based on standards established by plan policy, that substantial changes in the conditions underlying the approval of the detailed specific area plan have occurred, that the detailed specific area plan was based on substantially inaccurate information provided by the applicant, or that the change is clearly established to be essential to the public health, safety, or welfare. (§163.3245(5)(d), F.S.)
    6. All lands identified in the long-term master plan for permanent preservation must be subject to a recorded conservation easement consistent with § 704.06 before or concurrent with the effective date of the final detailed specific area plan to be approved within the planning area. (§163.3245(3)(b), F.S.)
  11. In its review of a long-term master plan §163.3184 plan amendment, the state land planning agency must
    1. Consult with:
      1. The Department of Agriculture and Consumer Services,
      2. The Department of Environmental Protection,
      3. The Fish and Wildlife Conservation Commission, and
      4. The applicable water management district

      regarding the design of areas for protection and conservation of regionally significant natural resources and for the protection and, as appropriate, restoration and management of lands identified for permanent preservation. (§163.3245(3)(c), F.S.)

    2. Consult with
      1. The Department of Transportation,
      2. The applicable metropolitan planning organization, and
      3. Any urban transit agency

      regarding the location, capacity, design, and phasing or staging of major transportation facilities in the planning area. (§163.3245(3)(d), F.S.)

  12. Review and challenge of a detailed specific area plan development order.
    1. Whenever a local government issues a development order approving a detailed specific area plan, a copy of such order must be rendered to the state land planning agency and the owner or developer of the property affected by such order, as prescribed by rules of the state land planning agency for a development order for a development of regional impact.
      (§163.3245(3)(e), F.S.)
    2. Within 45 days after the order is rendered, the owner, the developer, or the state land planning agency may appeal the order to the Florida Land and Water Adjudicatory Commission by filing a petition alleging that the detailed specific area plan is not consistent with the comprehensive plan or with the long-term master plan adopted pursuant to this section. (§163.3245(3)(e), F.S.)
      1. The appellant must furnish a copy of the petition to the opposing party, as the case may be, and to the local government that issued the order. (§163.3245(3)(e), F.S.)
      2. The filing of the petition stays the effectiveness of the order until after completion of the appeal process.
      3. In a case of the state land planning agency appealing the development order, if the development order has been challenged by an aggrieved or adversely affected party in a judicial proceeding pursuant to §163.3215, and a party to such proceeding serves notice to the state land planning agency, the state land planning agency must dismiss its appeal to the commission and will have the right to intervene in the pending judicial proceeding pursuant to §163.3215. (§163.3245(3)(e), F.S.)
      4. Proceedings for administrative review of an order approving a detailed specific area plan will be conducted consistent with §380.07(6). (§163.3245(3)(e), F.S.)
      5. The commission must issue a decision granting or denying permission to develop pursuant to the long-term master plan and the statute standards and may attach conditions or restrictions to its decisions. (§163.3245(3)(e), F.S.)
  13. The sector plan and detailed specific area plan may be prepared and approved concurrently or in the same submission. (§163.3245(3)(f), F.S.)
  14. Effect of long-term master plan. Upon the long-term plan becoming legally effective:
    1. Any long-range transportation plan developed by a metropolitan planning organization pursuant to §339.175(7) must be consistent, to the maximum extent feasible, with the long-term master plan, including, but not limited to, the projected population and the approved uses and densities and intensities of use and their distribution within the planning area. (§163.3245(4)(a), F.S.)
    2. The water needs, sources and water resource development, and water supply development projects identified in adopted plans must be incorporated into the applicable district and regional water supply plans adopted in accordance with §§ 373.036 and 373.709. (§163.3245(4)(b), F.S.)
      1. Accordingly, and notwithstanding the permit durations stated in §373.236, an applicant may request and the applicable district may issue consumptive use permits for durations commensurate with the long-term master plan or detailed specific area plan, considering the ability of the master plan area to contribute to regional water supply availability and the need to maximize reasonable-beneficial use of the water resource. (§163.3245(4)(b), F.S.)
      2. The permitting criteria in §373.223 must be applied based upon the projected population and the approved densities and intensities of use and their distribution in the long-term master plan; however, the allocation of the water may be phased over the permit duration to correspond to actual projected needs. (§163.3245(4)(b), F.S.)
      3. This paragraph does not supersede the public interest test set forth in § 373.223. (§163.3245(4)(b), F.S.)
    3. When a detailed specific area plan has become effective for a portion of the planning area governed by a long-term master plan adopted pursuant to this section, the DRI provisions of § 380.06 do not apply to development within the geographic area of the detailed specific area plan. However, any development-of-regional-impact development order that is vested from the detailed specific area plan may be enforced pursuant to §380.11. (§163.3245(5), F.S.)
  15. The local government adopting a detailed specific area plan is primarily responsible for monitoring and enforcing the detailed specific area plan. Local governments may not issue any permits or approvals or provide any extensions of services to development that are not consistent with the detailed specific area plan. (§163.3245(5)(a), F.S.)
  16. If the state land planning agency has reason to believe that a violation of any detailed specific area plan has occurred or is about to occur, it may institute an administrative or judicial proceeding to prevent, abate, or control the conditions or activity creating the violation, using the procedures in § 380.11. (§163.3245(5)(b), F.S.)
  17. In instituting any administrative or judicial proceeding involving a sector plan or detailed specific area plan, the complaining party must comply with the requirements of §163.3215(4), (5), (6), and (7), except as provided by paragraph (3)(e). (§163.3245(5)(c), F.S.)
  18. Concurrent with or subsequent to review and adoption of a long-term master plan, an applicant may apply for master development approval pursuant to §380.06(21) for the entire planning area in order to establish a build-out date until which the approved uses and densities and intensities of use of the master plan are not subject to downzoning, unit density reduction, or intensity reduction,
    1. Unless the local government can demonstrate:
      1. That implementation of the master plan is not continuing in good faith based on standards established by plan policy,
      2. That substantial changes in the conditions underlying the approval of the master plan have occurred,
      3. That the master plan was based on substantially inaccurate information provided by the applicant, or
      4. That change is clearly established to be essential to the public health, safety, or welfare. (§163.3245(6), F.S.)
    2. Review of the application for master development approval must be at a level of detail appropriate for the long-term and conceptual nature of the long-term master plan and, to the maximum extent possible, may only consider information provided in the application for a long-term master plan. (§163.3245(6), F.S.)
    3. Notwithstanding § 380.06, an increment of development in such an approved master development plan must be approved by a detailed specific area plan and is exempt from review pursuant to § 380.06. (§163.3245(6), F.S.)
  19. A developer within an area subject to an adopted long-term master plan and a master development approval, pursuant to subsection (6), or an adopted detailed specific area plan may enter into a development agreement with a local government pursuant to §§ 163.3220- 163.3243. The duration of such a development agreement may be through the planning period of the long-term master plan or the detailed specific area plan, as the case may be, notwithstanding the limit on the duration of a development agreement pursuant to § 163.3229. (§163.3245(7), F.S.)
  20. Any owner of property within the planning area of a proposed long-term master plan may withdraw consent to the master plan at any time prior to local government adoption, and the local government must exclude such parcels from the adopted master plan. Thereafter, the long-term master plan, any detailed specific area plan, and the exemption from development-of-regional-impact review under this section do not apply to the subject parcels. After adoption of a long-term master plan, an owner may withdraw his or her property from the master plan only with the approval of the local government by plan amendment adopted and reviewed pursuant to §163.3184. (§163.3245(8), F.S.)
  21. The adoption of a long-term master plan or a detailed specific area plan does not limit the right to continue existing agricultural or silvicultural uses or other natural resource-based operations or to establish similar new uses that are consistent with the approved plans. (§163.3245(9), F.S.)
    1. It is unclear if the last clause (“that are consistent with the approved plans) applies to existing uses or only applies to new uses. It would seem to be unnecessary to provide that existing uses would be allowed to continue, in that they would likely be allowed to continue in most situations under typical “grandfathering” or vesting provisions. And it would seem to be inconsistent with such vested rights to require existing uses to be reflected in the plans to be able to continue. Therefore, it appears likely that the last clause only applies to “similar new uses.”
  22. The state land planning agency may enter into an agreement with a local government that, on or before July 1, 2011, adopted a large-area comprehensive plan amendment consisting of at least 15,000 acres that meets the requirements for a long-term master plan, after notice and public hearing by the local government, and thereafter, notwithstanding §380.06, part II of chapter 163, or any planning agreement or plan policy, the large-area plan must be implemented through detailed specific area plans that meet the requirements of paragraph (3)(b) and will otherwise be subject to the section. (§163.3245(10), F.S.)
  23. Notwithstanding this section, a detailed specific area plan to implement a conceptual long-term build-out overlay, adopted by a local government and found in compliance before July 1, 2011, will be governed by this section.
    (§163.3245(11), F.S.)
  24. Notwithstanding §380.06, part II of chapter 163, or any planning agreement or plan policy, a landowner or developer who has received approval of a master development-of-regional-impact development order pursuant to §380.06(21) may apply to implement this order by filing one or more applications to approve a detailed specific area plan pursuant to paragraph (3)(b). (§163.3245(12), F.S.)
  25. This section may not be construed to abrogate the rights of any person under chapter 163. (§163.3245(13), F.S.)

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

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

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

Sections of part II of chapter 163, F.S. (§§163.2511-163.3248) unchanged by 2011 legislation

Although the growth management changes of the 2011 Florida Legislature were wide-spread, not everything was changed. The following is a list of the sections of Part II of chapter 163, F.S., (§§163.2511 – 163.3248) — the major growth management provisions — unchanged by 2011 legislation.

  • 163.2511  Urban infill and redevelopment.
  • 163.2514  Growth Policy Act; definitions.
  • 163.2520  Economic incentives.
  • 163.2523  Grant program.
  • 163.3179  Family homestead.
  • 163.31801  Impact fees; short title; intent; definitions; ordinances levying impact fees. (part reenacted, without change)
  • 163.31802  Prohibited standards for security devices. (part reenacted, without change)
  • 163.3181   Public participation in the comprehensive planning process; intent; alternative dispute resolution.
  • 163.3194  Legal status of comprehensive plan.
  • 163.3197  Legal status of prior comprehensive plan.
  • 163.3201  Relationship of comprehensive plan to exercise of land development regulatory authority.
  • 163.3202  Land development regulations. (part reenacted, without change)
  • 163.3204  Cooperation by state and regional agencies.
  • 163.3208  Substation approval process.
  • 163.3209  Electric transmission and distribution line right-of-way maintenance.
  • 163.3211  Conflict with other statutes.
  • 163.3213  Administrative review of land development regulations.
  • 163.3215  Standing to enforce local comprehensive plans through development orders.
  • 163.3223  Applicability.
  • 163.3225  Public hearings.
  • 163.3227  Requirements of a development agreement.
  • 163.3231  Consistency with the comprehensive plan and land development regulations.
  • 163.3233  Local laws and policies governing a development agreement.
  • 163.3237  Amendment or cancellation of a development agreement.
  • 163.3241  Modification or revocation of a development agreement to comply with subsequently enacted state and federal law.

Deleted Growth Management Statute Sections.

The following sections of Chapter 163 are deleted entirely by the 2011 legislative changes.

  • §163.07, F.S. Efficiency and accountability in local government services. – Deleted by House Bill 4031 – signed by the governor June 21, 2011.
  • §163.3189, F.S.  Process for amendment of adopted comprehensive plan. – Deleted by House Bill 7207 – signed by the governor June 2, 2011. Effective upon becoming a law.
  • §163.32465, F.S.  State review of local comprehensive plans in urban areas. – Deleted by House Bill 7207 – signed by the governor June 2, 2011. Effective upon becoming a law.