Tag Archives: Florida Statutes

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)

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.

2011 Revisions to Florida’s Planning/Development Regulation Acts

NOTE: See the Summary of 2012 Florida Legislative Changes Related to Land Development Regulations article for information on 2012 legislative changes.

Governor Scott signed House Bill 7207 on June 2, 2011, which is the bill that makes the largest number of changes to Florida’s growth management statutes (and administrative rules). This bill, with several others, makes the broadest and most significant changes to Florida’s growth management/planning/land development statutes seen in over twenty-five years.

Click this link – HB 7207 enrolled– for a PDF copy of House Bill 7207 and here – Chapter 2011-139 Laws of Florida – for the official Laws of Florida version. Be warned – they are long and may take a while to load.

Other bills also make changes to chapters 163 and 380, F.S., the two major planning/development regulation chapters. These other bills are:

The bills also include other provisions that have nothing to do with chapters 163 or 380, so you may need to do some wading to find what you are looking for.

I have written an overall summary review of some of the major changes to the growth management laws and individual reviews of the sections of Part II of chapter 163 with major changes. Click the links below for the review articles:

This is a list of the sections of Part II of chapter 163, F.S., with the status of the sections under the legislative changes and related review articles available.

What is the “development” land development regulations can regulate?

As discussed in Authority to Regulate Land, the State of Florida authorizes (and requires) local governments to create and administer land development regulations. The article What are Florida land development regulations? discusses what is meant by a “land development regulation.” But, underlying all the discussion about land development regulations is the question of what they are to regulate.

The two growth management acts authorize local governments to plan for and guide their “development and growth,” through comprehensive plans and the implementing land development regulations. Both acts refer to the same definition of “development” (apparently “growth” doesn’t need defining).

The definition, found at §380.04, Florida Statutes, defines “development” as “the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.” §380.04(1), F.S. The definition states further that the following activities or uses are to be considered, under the growth management acts, to involve the defined “development:” §380.04(2), F.S.

  • A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.
  • A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.
  • Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any “coastal construction” as defined in s. 161.021.
  • Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.
  • Demolition of a structure.
  • Clearing of land as an adjunct of construction.
  • Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

The definition states that the following operations or uses shall not, under the growth management acts, be taken to involve “development:” §380.04(3), F.S.

  • Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.
  • Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners. [See a future article under Electrical Facilities for more on this exemption]
  • Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. [See a future article under Design Criteria for a discussion of the impact of this provision on design regulations.]
  • The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.
  • The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes. [See a future article under Agricultural Issues for more on this exemption.]
  • A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.
  • A change in the ownership or form of ownership of any parcel or structure. [See a future article under Regulating Consistently for more on this exemption.]
  • The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

“Development,” when addressed in an ordinance, rule, or development permit, “includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, ‘development’ refers to the act of developing or to the result of development.” §380.04(4), F.S.

So, these uses and activities are what land development regulations are authorized to regulate by the growth management acts.

This definition raises interesting questions about the uses and activities not included in the definition of development, especially those specifically excluded. If they are not “development” that can be regulated through the growth management acts’ comprehensive plans and land development regulations, what, if any authorization, can be found for local government regulation of these activities and uses?  If the local government can regulate the use or activity through its other authorized police powers, can the regulation be included in the LDRs or would it have to be a separate regulation? Can there be regulation of land separate from the LDRs? Let me know your thoughts on these questions and I will have a future post addressing them.