Title: Bill Entitled "An Act Relating to Planning" HB 1263
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 Material Information
Title: Bill Entitled "An Act Relating to Planning" HB 1263
Physical Description: Book
Language: English
Publisher: Fla House of Representatives
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Bill Entitled "An Act Relating to Planning" HB 1263 (JDV Box 54)
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills, Articles - 1980s ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004067
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

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HB 1263
Florida House of Representatives 1983

By Committee on Community Affairs


1 A bill to be entitled

2 An act relating to planning; creating the
h 3 Florida Planning Act of 1983; creating part I

4 of chapter 164, Florida Statutes; providing
5 legislative findings and intent; providing

3 6 definitions; creating the Florida Growth
!F 7 Management Commission, consisting of the
SfIg Governor and Cabinet; providing powers and

S5 9 duties of the commission; providing for
10 adoption of a state growth management strategy;

Un providing for a Joint Legislative Committee on

12 Growth Management; providing for appointment,

S13 powers and duties; requiring state agencies to

2 14 submit plans, rules and summaries of programs
S15S affecting land use, water supply, and
a%- 16 transportation system development to the
o
I 17 commission for review; providing that such

S18 plans, rules or programs shall not be

% 19 implemented or continued until they are
c-
I 20 certified as being in compliance with growth
S%121 management objectives and policies; providing
U -
A& 22 duties of the commission in analyzing problems
L. 0.
<23 associated with growth and preparing, adopting,
S24 and amending goals, objectives and policies;

25 providing for use of state objectives and

26 policies by state and district agencies;
27 providing for compliance by local governments;
S 28 authorizing hearings upon request to determine

29 compliance; authorizing the commission to grant

30 a time extension for compliance to district
31 agencies; requiring periodic review by the


Nowa




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commission of district agency plans; amending

es. 160.002, 160.01, and 160.02, Florida

Statutes, and transferring said sections to

part II of chapter 164; revising provisions

relating to legislative findings and intent;

designating location of regional planning

councils; revising membership of such councils;

revising provisions relating to powers and

duties of such councils; creating ss. 164.207-

164.215, Florida Statutes; requiring each

council to prepare a growth management plan;

providing for preparation of various elements;

providing for development of a coordinated

program of regional policies; providing for

review of plans by the commission; specifying

procedures for adoption of plans; providing for

notice and hearings; requiring periodic reports

on the plan and providing requirements thereof;

providing for review of such reports by the

commission; requiring submission of regional

planning council budgets to the commission for

approval; repealing ss. 160.001, 160.003,

160.05, 160.07, 160.08, and 160.09, Florida

Statutes, relating to short title and

definitions for the Florida Regional Planning

Council Act, duties of the Executive Office of

the Governor with respect to said councils,

comprehensive regional policy plans, annual

reports, and relationship to other laws;

amending ss. 163.3161, 163.3167, 163.3171,

163.3174, 163.3177, 163.3181, 163.3184,

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163.3187, 163.3191, 163.3194, 163.3197,

163.3201, and 163.3211, Florida Statutes, and

transferring said sections to part III of

chapter 164; revising provisions relating to

preparation of local comprehensive plans;

providing legislative intent and purpose;

providing planning powers and responsibilities

of counties and municipalities; directing

counties and municipalities to prepare a

comprehensive plan or amend an existing plan by

specified dates; providing that the plan shall

be prepared by the regional planning council if

the county or municipality so chooses;

providing for adoption of plans by

municipalities established after the effective

date of the act; providing for compensation to

a council for preparation of a plan; providing

status of the Reedy Creek Improvement District;

specifying areas over which local governments

may exercise authority under part III of

chapter 164; providing for designation of local

planning agencies; providing duties thereof;

providing for fees and expenses; providing

required and optional elements of comprehensive

plans; providing for public participation in

the planning process; providing for review of

comprehensive plans by the regional planning

council; providing standards for such review;

providing for transmittal of a copy to the

commission and providing duties of the

commission; providing for revisions of the

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plan; providing for approval by the council;

providing procedures for adoption of the plan

by the local government; providing for notice

and hearings; creating s. 164.315, Florida

Statutes; providing for appeal to the

commission by a county or municipality if the

council denies approval or fails to approve a

plan; providing requirements with respect to

amendment of adopted plans; requiring periodic

reports on plans and providing requirements

thereof; providing for review of reports and

for adoption of changes in the plan; requiring

that all land development regulations be

consistent with the plan; providing for review

thereof; providing elements to be considered by

a court; providing status of prior adopted

plans; providing for relationship of plans to

exercise of land development regulatory

authority; providing relationship with other

statutes; creating s. 164.329, Florida

Statutes; providing for actions for injunctive

relief to enforce the act; providing

requirements with respect thereto; repealing

ss. 163.3164, 163.3204, and 163.3207, Florida

Statutes, relating to definitions under the

Local Government Comprehensive Planning Act,

cooperation of state and regional agencies, and

technical advisory committees; amending s.

201.02(1), Florida Statutes; increasing the

documentary stamp tax on instruments relating

to realty; amending s. 380.031(13), Florida

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Statutes; conforming terminology; providing

effective dates.


Be It Enacted by the Legislature of the State of Florida:



Section 1. Part I of chapter 164, Florida Statutes,

consisting of sections 164.101, 164.103, 164.105, 164.107,

164.109, 164.111, 164.113, 164.115, 164.117, 164.119, 164.121,

164.123, 164.125, 164.127, 164.129, and 164.131, is created to

read:

164.101 Short title.--This chapter shall be known and

may be cited as the "Florida Planning Act of 1983."

164.103 Legislative findings and intent.--

(1) The Legislature finds and declares:

(a) The problems of growth and development often

transcend the boundaries of individual units of local general-

purpose government, and often no single unit can formulate

plans or implement policies for their solution without

affecting other units in their geographic area.

(b) Uncoordinated use of lands within this state

threatens the orderly development and the environment of this

state, and the health, safety, order, convenience, prosperity

and welfare of the people of this state.

(c) To promote a coordinated administration of land

uses, water supply and transportation system development

consistent with a statewide growth management strategy, it is

necessary to establish an integrated planning process for the

review of city, county, and district agency plans.

(d) The promotion of a coordinated statewide growth

management strategy requires the creation of a statewide

commission to prescribe planning goals, objectives and

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policies to be applied by cities, counties, district agencies,

and state agencies.

(2) The intent of this act is that land use, water

supply, and transportation system development be effectively

coordinated to facilitate the management of growth at all

levels of government consistent with the public interest.

Through the process of integrated planning for growth

management, it is intended that units of state, regional and

local government can preserve, promote, protect, and improve

the public health, safety, comfort, appearance, convenience,

and general welfare; facilitate the adequate and efficient

provision of transportation, water, sewerage, schools, parks,

recreational facilities, housing, and other requirements and

services; and conserve, develop, utilize and protect the

environment and natural resources within their jurisdictions.

(3) The intent of this act is that public or private

development shall be permitted in conformity with local

comprehensive plans, district agency plans and the state

growth management strategy.

(4) The intent of this act is that the planning

activities of units of local government, district agencies,

and state agencies shall be in conformity with adopted state

growth management objectives and policies.

(5) The intent of this act is that its provisions are

the minimum requirements necessary to accomplish the stated

intent, purposes, and objectives.

(6) Implementation and enforcement of approved growth

management, water management and comprehensive plans and land

use, water supply, and transportation systems development

regulations are matters of statewide concern.

164.105 Definitions.--As used in this act:

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(1) "Commission" means the Florida Growth Management

Commission.

(2) "Committee" means the Joint Legislative Committee

on Growth Management.

(3) "District agency" means any of Florida's regional

planning councils and any of Florida's water management

districts.

(4) "Goals" are ends toward which the growth

management effort is directed. The goals are expressions of

ideals and shall be used to establish a framework for the

formulation of objectives.

(5) "Land use" means the development that has occurred

on the land, the development that is proposed on the land, or

the use that is permitted or permissible on the land under an

adopted growth management or comprehensive plan or portion

thereof, land development regulations, or a land development

code, as the context may indicate.

(6) "Local government" means any county or

municipality which exercises regulatory authority over, and

grants development permits for, land development.

(7) "Objectives" are intermediate milestones directed

at achieving goals. Objectives are expressed in a form that

is measurable and achievable.

(8) "Policies" are means for achieving objectives

through legislative or administrative actions, such as

programs, regulations, and rules.

-(9) "Transportation system development" means the

planning of highways, railways, waterways, seaports, airports,

or mass transit facilities.

(10) "Water supply" is defined pursuant to s.

373.019(8).


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(11) "Area" or "area of jurisdiction" means the total

area qualifying under the provisions of this act, whether this

be all of the lands lying within the limits of a regional

planning council, an incorporated municipality, lands in and

adjacent to incorporated municipalities, all unincorporated

lands within a county, or areas comprising combinations of the

lands in incorporated municipalities and unincorporated areas

of counties. In the case of municipalities where reserve

areas have been designated for future annexation by law, the

term "area" shall include, as being under the jurisdiction of

the municipality for the purposes of this act, such

unincorporated but designated and reserved lands.

(12) "Development" has the meaning given it in s.

380.04.

(13) "Development order" means any order granting,

denying, or granting with conditions an application for a

development permit.

(14) "Development permit" includes any building

permit, zoning permit, subdivision approval, rezoning,

certification, special exception, variance, or any other

official action of local government having the effect of

permitting the development of land.

(15) "Governing body" means the board of county

commissioners of a county, the commission or council of an

incorporated municipality, or any other chief governing body

of a unit of local government, however designated, or the

combination of such bodies where joint utilization of the

provisions of this act is accomplished as provided herein.

(16) "Governmental agency" means:

(a) The United States or any department, commission,

agency, or other instrumentality thereof.

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(b) This state or any department, commission, agency,

or other instrumentality thereof.

(c) Any local government, as defined in this section,

or any department, commission, agency, or other

instrumentality thereof.

(d) Any school board or other special district,

authority, or governmental entity.

(17) "Land" means the earth, water, and air, above,

below, or on the surface, and includes any improvements or

structures customarily regarded as land.

(18) "Local planning agency" means the agency

designated to prepare the comprehensive plan required by this

act.

(19) A "newspaper of general circulation" means a

newspaper published at least on a weekly basis and printed in

the language most commonly spoken in the area within which it

circulates, but does not include a newspaper intended

primarily for members of a particular professional or

occupational group, a newspaper whose primary function is to

carry legal notices, or a newspaper that is given away

primarily to distribute advertising.

(20) "Person" means an individual, corporation,

governmental agency, business trust, estate, trust,

partnership, association, two or more persons having a joint

or common interest, or any other legal entity.

(21) "Public notice" or "due public notice" as used in

connection with the phrase "public hearing" or "hearing to be

held after due public notice" means publication of notice of

the time, place, and purpose of such hearing at least twice in

a newspaper of general circulation in the area, with the first

publication not less than 14 days prior to the date of the

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hearing and the second to be at least 5 days prior to the

hearing.

164.107 Florida Growth Management Commission;

composition and duties.--

(1) There is established the Florida Growth Management

Commission, which shall consist of the Governor and the

Cabinet. The Governor shall be the chairman of the

commission.

(2) The commission shall have the authority to:

(a) Appoint an executive director and hire such staff

as necessary in order to carry out the intent of this act.

(b) Adopt rules that it considers necessary to carry

out the intent of this act.

(c) Cooperate with the appropriate agencies of the

United States, the state and its political subdivisions, any

other state, any interstate agency, and any person or groups

of persons with respect to growth management.

(d) Appoint advisory committees to aid it in carrying

out the intent of this act, and provide technical and other

assistance, as it considers necessary, to each such committee.

(3) The commission shall:

(a) Identify problems and needs of statewide concern

regarding land use, water supply, transportation system

development, and other growth related matters.

(b) Prepare, collect, or provide statewide land,

water, and transportation use inventories.

(c) Prepare statewide goals, objectives, and policies

which will constitute a state growth management strategy to

resolve the problems and needs identified in paragraph (a).


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(d) Adopt by rule under chapter 120 a state growth

management strategy, which consists of the goals, objectives,

and policies identified in paragraph (c).

(e) Develop administrative procedures to ensure that

city, county, district agency, and state agency plans, rules,

regulations, and programs are in compliance with the state

growth management objectives and policies.

(f) Review state and regional plans for compliance

with the adopted state growth management objectives and

policies. In addition, the commission shall review local

plans pursuant to s. 164.315 based on the factors established

in s. 164.313(3)(a) and (b).

(g) Insure widespread citizen involvement and input in

all phases of the process.

(h) Report periodically to the Legislature and to the

Joint Legislative Committee on Growth Management.

(i) Establish a standard land use classification,

based on the standard industrial classification system, and a

uniform zoning code to be used by each city and county.

(j) Assist in the development and preparation of model

land use regulations to guide state agencies, district

agencies, counties and cities.

(k) Prepare standards and criteria to guide the

preparation of mandatory elements of district agency and local

comprehensive plans, and adopt these pursuant to chapter 120.

(1) Perform other functions required to carry out the

intent of this act.

164.109 Powers of commission.--The commission may:

(1) Apply for and receive moneys from the federal

government and from this state or any of its agencies or

departments.

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(2) Contract with any public agency for the

performance of services or the exchange of employees or

services necessary in carrying out the intent of this act.

(3) Contract for the services of and consultation with

professional persons or organizations, not otherwise available

through federal, state, regional and local governmental

agencies, in carrying out its duties.

164.111 Joint Legislative Committee on Growth

Management.--The Joint Legislative Committee on Growth

Management is established as a joint committee of the

Legislature.

164.113 Committee members; appointment; terms;

vacancies; majority vote required in actions.--

(1) The Joint Legislative Committee on Growth

Management shall consist of three members of the House of

Representatives appointed by the Speaker and three members of

the Senate appointed by the President. If the Speaker of the

House of Representatives or the President of the Senate is a

member of the committee, either may designate from time to

time an alternate from among the members of the appropriate

house to exercise powers as a member of the committee, except

that the alternate shall not preside if the Speaker or

President is chairperson.

(2) The committee shall have a continuing existence

and may meet, act and conduct its business during sessions of

the Legislature or any recess thereof, and in the interim

period between sessions.

(3) The term of a member shall expire upon the

convening of the Legislature in regular session next following

the commencement of the member's term. When a vacancy occurs

in the membership of the committee in the interim between

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sessions, until such vacancy is filled, the membership of the

committee shall be deemed not to include the vacant position

for the purpose of determining whether a quorum is present and

a quorum is the majority of the remaining members.

(4) The committee shall select a chairman. The

chairman may, in addition to other authorized duties, approve

voucher claims.

(5) Action of the committee shall be taken only upon

the affirmative vote of the majority of the members of the

committee.

164.115 Duties of committee.--The committee shall:

(1) Advise the commission on all matters under the

jurisdiction of the commission.

(2) Review and make recommendations to the Legislature

on proposals for designation of areas of critical state

concern.

(3) Review and make recommendations to the Legislature

on the growth management strategy approved by the commission.

(4) Study and make recommendations to the Legislature

on the political, economic and other effects of the state

growth management strategy on local government, regional

government, public and private landowners and the citizens of

Florida.

(5) Study and make recommendations to the Legislature

on improvements to the land use appeals process.

(6) Make recommendations to the Legislature on any

other matter relating to the coordination of land use, water

supply and transportation system development planning in

Florida.


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(7) Study the availability and adequacy of

agriculture, forestry, and mining lands as they relate to the


management of growth.

164.117 Planning responsibilities of state agencies;

certain information to be submitted to the commission;

determination of compliance with objectives and policies.--


(1) With respect to land use, water supply, and


4. ,.anC~C n,444r, s.4.arm ,4x.rlnnmnt satS+ ansnetea shall arn.,v


out their duties, powers, and responsibilities authorized by
out their duties, powers, and responsibilities authorized by


law in compliance with the objectives and policies adopted

pursuant to this act.

(2) Upon request by the commission, each state agency

shall submit agency plans, rules and summaries of programs

affecting land use, water supply, and transportation system

development. A program for cooperation with and technical

assistance to local governments and regional planning councils

shall be included when a plan, rule or summary of a program is

requested.

(3) Within 90 days of receipt, the commission shall

review the information submitted pursuant to subsection (2)

and shall notify each agency if the commission believes the

plans, rules or programs submitted are insufficient to assure


compliance with state growth management objectives and


policies.

(4) Within 90 days of receipt of the notification

required by subsection (3), the agency may revise the plans,


rules or programs and resubmit them to the commission.


(5) The commission shall make findings under


subsections (3) and (4) as to whether the plans, rules or

programs are sufficient to assure compliance with the state's

growth management objectives and policies. The commission

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shall either certify the plans, rules or programs as being in

compliance with the objectives and policies or shall determine


the same to be insufficient.


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goals, objectives and policies.--In preparin s


objectives, and policies, the commission shall:


(1) Undertake an analysis of problems and needs
associated with growth and change in Florida, identify

conditions related to those problems and needs and identify
y


the probable causes of the conditions. In undertaking this

analysis, the commission shall consider, but not be limited


to, the following areas and activities:

(a) Estuarine areas.

(b) Tidal, marsh and wetland areas.

(c) Wilderness, recreational, and outstanding scenic

areas.

(d) Beaches, dunes, coastal headlands and related

areas.

(e) Wildlife habitats.

(f) Agricultural lands.

(g) Forest lands.

(h) Areas subject to natural and manmade disasters and

hazards.

(i) Housing needs.

(j) Transportation needs.

(k) Energy needs.


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programs are certified as being in compliance with the

objectives and policies, the plan, rule or program cannot be


(6) Until the requested state agency plans, rules or


implemented or continued by the state agency.


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goal, ojecivesandDolcles--I Dr~arla aals


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164.119 Analysis of problems and needs; preparation of




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needs.


(1) Water resource needs and water recharge area



(m) Land use needs.

(2) Prepare a statement of goals covering social,


economic, environmental, health, safety and energy concerns.


(3) Use the statement of goals to provide a framework


for developing a set of objectives and policies to resolve or


mitigate the problems and needs caused by growth. In


developing the objectives and policies, emphasis should be

placed on the management of land, water supply, and

transportation system development and other growth impacting


activities as deemed necessary.


(4) Consider existing state agency plans, plans of

regional planning councils and local comprehensive plans in


occnmnlishino its duties under subsections (1)-(3).


process through public meetings.

164.121 Adoption of goals, objectives and policies;

use by state and district agencies.--


(1) State goals shall be adopted by a majority vote of


the commission within 3 months of the effective date of this

act.


(2) Growth management objectives and policies shall be

prepared and a
adopted by the commission within 12 months of the


effective date of this act.
effective date of this at


(3) Upon adoption, the state objectives and policies

h ll be used b all state agencies and district age n


preparing, amending, adopting, and implementing their own


plans pursuant to this act


164.123 Amendment of initial goals, objectives and

policies; adoption of new goals, objectives and policies.--The

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policies until 1 year after the date of adoption


164.125 Compliance with state growth management

objectives and policies at the local level.--One year after


the date of approval of the state's growth management


objectives and policies, each local government's comprehensive

plan, regulations and programs must be in conformity with

those objectives and policies as adopted pursuant to s.

164.121.

164.127 Determination of compliance upon request;

commission review.--Upon the request of a local government or

a district agency, the commission shall hold a hearing under

the provisions of chapter 120 to determine whether the plans,

rules, regulations or programs are in compliance with the

state growth management objectives and policies.

164.129 Extension of time for compliance.--The

commission may grant additional time for a district agency to

comply with the objectives and policies in accordance with a

compliance schedule. A compliance schedule shall be a listing


of the tasks which the district agency must complete in order


CODING: Words in 4ewok tLwe-g type are deletions from existing law; words underlined are additions.


commission may periodically amend the initial goals,

objectives and policies and adopt new goals, objectives and

policies. The adoption of new goals, objectives or policies,

or the amendment of existing goals, objectives or policies

shall be accomplished in accordance with the provisions of

chapter 120 and shall specify with particularity any

provisions that are applicable to land use, water supply, and

tran .,s, rt.JIJIIS tiJ U t- d l


tra rtt o t d em evdmn ecisonsbefore any plan
revision occurs. Absent a compelling reason, the commission

shall not require a state agency plan, district agency plan,


a s no,. a,- ama,, rt


rule. regulation or aroaram to ha conmlmtant~


with new or amended state growth management objectives and


or new or dd- ,-
rule~~~e- reglaio or prora tobeconssten


** **** **"=*****


.


--~~--~~~-- --~-~ ~


a--o---h-- n- t --- ------ s et- -- (


~I


171-210C-5-3


(5) Provide for adequate citizen input into the





171-210C-5-3


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2. Is consistent with the state objectives and

policies; and


to bring its plan, rules, regulations and programs into

conformity with the state objectives and policies, including a

time schedule showing when the tasks are to be completed and

when a district agency plan is to be adopted. In developing a

compliance schedule, the commission shall consider the

population, geographic area, resources and capabilities of the

district agency.

164.131 Periodic review and approval of district

agency plans by the commission; when action authorized;

procedure.--

(1) The commission shall review each district agency

plan and the periodic report thereon pursuant to ss. 164.211

and 164.213 to insure that they are in compliance with the

state objectives and policies, and coordinated with the plans,

rules, and programs of state agencies, and being effectively

implemented.

(2) Upon completion of its review, the commission

shall take action as provided in paragraph (4)(b) if it finds

that:

(a) The district agency plan does not comply with the

state objectives and policies; or

(b) The district agency's elements within the plan are

not in compliance with the provisions of s. 164.209; or

(c) The district agency plan is inconsistent with a

state agency plan, rule or program relating to land use, water

supply or transportation system development, and the state

agency has demonstrated that the plan, rule or program:

1. Is mandated by state statute or federal law;


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3. Has purposes that cannot be achieved in a manner

consistent with the district plan; or

(d) The district agency has not performed additional


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time of adoption or that was agreed to by the district in the


receipt of state arant funds for review and update


(3) In accordance with procedural rules adopted by the


commission pursuant to chapter 120, the commission shall


prepare a report addressing the considerations stated in

subsection (2).

(4) Based on written comments submitted by interested

parties and the commission's findings, the commission shall

enter a final order pursuant to chapter 120 that:

(a) Terminates the review if it finds that none of the


conditions stated in subsection (2) exist; or


(b) Requires the district agency amend its plan to


comply with


the commission's findings


The commission shall


establish by rule pursuant to s. 120.57 a reasonable time

period for compliance.

Section 2. Section 160.002, Florida Statutes, is

renumbered as section 164.201 and amended to read:

164.201 169-989 Legislative findings; public

purpose.--

(1) The Legislature finds and declares that:

(a) The problems of growth and development often

transcend the boundaries of individual units of local general-

purpose government, and often no single unit can formulate

plans or implement policies for their solution without

affecting other units in their geographic area.

(b) There is a need for regional planning agencies to

assist local governments to resolve their common problems,

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planning that was required in a district agency plan at the


recein- -- --state arant funds for review and u da


.


--- I wi+-'-


171-210C-5-3




171-210C-5-3


171-210C-5-3


engage in areawide comprehensive and functional planning,

administer certain federal and state grants-in-aid, and

provide a regional focus in regard to multiple programs

undertaken on an areawide basis.

(c) Federal and state programs should have coordinated

purposes and consistent policy direction in order to avoid the

proliferation of overlapping, duplicating, and competing

regional agencies. To further this end, these efforts should

result in entities agencies which effectively carry out a wide

variety of federal and state program designations.

(d) The financial and technical assistance of the

state should be provided to regional planning agencies to

maximize the effective use of regional programs undertaken

with the authorization of local, state or federal governments

serving the citizens of Florida.

(e) There is a need for the establishment at the

regional level of clear policy plans that will guide broad-

based representative regional planning agencies as they

undertake regional review functions.

(2) It is the declared purpose of this part set to

establish a common system of regional planning councils for

areawide coordination and related cooperative activities of

federal, state, and local governments; ensure a broad-based

regional organization that can provide a truly regional

perspective; and enhance the ability and opportunity of local

governments to resolve issues and problems transcending their

individual boundaries.

Section 3. Section 160.01, Florida Statutes, is

renumbered as section 164.203 and amended to read:

164.203 166-91 Regional planning councils; creation;

membership.--

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(1) A regional planning council shall be created in

each of the following groups of counties:

(a) Escambia, Santa Rosa, Okaloosa, Walton, Holmes,

Washington, and Bay.

(b) Jackson, Calhoun, Gulf, Gadsden, Liberty,

Franklin, Leon, Wakulla, and Jefferson.

(c) Madison, Taylor, Hamilton, Suwannee, Lafayette,


Dixie, Columbia, Gilchrist, Alachua, Union, and Bradford.


(d) Baker, Clay, Nassau, Duval, St. Johns, Putnam, and

Flagler.

(e) Levy, Marion, Citrus, Sumter, and Hernando.

(f) Volusia, Lake, Seminole, Orange, Osceola, and

Brevard.

(g) Polk, Hardee, DeSoto, Highlands, and Okeechobee.

(h) Pasco, Hillsborough, Pinellas, and Manatee.

(i) Sarasota,'Charlotte, Lee, Glades, Hendry, and

Collier.

(j) Indian River, St. Lucie, Martin, and Palm Beach.

(k) Broward, Dade, and Monroe.

(2)(a) Each regional planning council shall be

composed of 15 members who shall reside within the region.

The term of office of members of the council shall be 2 years,

except for the initial appointments, in which case 8 members

shall serve 2-year terms and 7 shall serve 1-year terms.

Initial members appointed under this act shall take office

October 1, 1983. Regional planning council members holding

office on the effective date of this section shall remain in


office until October 1, 1983. The members of the council


shall be appointed by the Governor, subject to confirmation by

the Senate. No two appointees shall have their place of



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9


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171-210C-5-3


residence in the same county until each county within the


reaion in ren~renented on the council.


(b) Not less than four of the members of each regional


planning council shall be elected officials of counties and


not less than three of the members of each regional planning


council shall be elected officials of municipaliti


Appointments to each council, other than elected local

government officials, shall be limited to those individuals

who display expertise or a demonstrated interest in the areas

of growth management, planning, land use law, architecture, or

engineering.

(c) Vacancies occurring in the council prior to the

expiration of a term shall be filled for the unexpired term in

the same manner as an original appointment. several

eemprehensive planning districts ef the state- Only one

agency shall enereise the responsibilities granted herein

within the geegraphie boundaries ef any one eemprehensive

planning distrieC,

fai Membership en the regional planning coeneil shall

be as fellewer

fa) Representatives appointed by each ef the member

counties in the geographic area severed by the regional

planning eeoneil-

thb Representatives frem ether member leeal general-

purpese governments in the geegraphie area revered by the

regional planning eetneil~

fej Representatives appointed by the Geverner from the

geegraphis area severed by the regional planning eemunetl

(f3 Net lees than twe-thirds ef the representatives

serving as voting members en the egverning bodies ef steh

regional planning ceeueils shall be eleeted eaeieials ei icea

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recion in renresented on the council.


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S..


geneeea-puepeee-geoernmente-eheeen-by-the-ek4eea-end-eeunt4ee

e*-he-segienr-peevided-eaeh-eeenty-ehae&-have-ea-leaeet-ne

veter--Whe-nemea Bng-ene-khted-ef-the-veting-members-en-the

governing-bheaerd-eheal-be-appoented-by-the-GeveeneerT-ubjeeC-te

eeneieaacten-by-the-Senater-and-shall-eeeide-4n-the-eeg9enT

Ne-twe-appeinteee-el-the-Govenee-eshall-have-the*e-pieee-eof

eeeadenee-n-the-e-ea eunty-unt*i-eash-eeanty-w*th*n-the

segien-lBs-epeesented-by-a-Governet-e-appe4ntee-to-the

gevena4ng-beaedv--Nething-eentaened-4n-tha-aeeetOen-hae&i-deny

te-leeal-geverncng-bediee-ee-the-Govetnef-the-ept4en-eB

appeCct4ng-eithee-leeali:y-eleeted-effie4a:ae-ee-iay-eit4 ene

peevided-at-least-two-thirds-efl-he-govern4ng-bedy-ef-the

eeg enal-planning-eeuneil- e-eempeeed-of-ieeakly-eieeted

effieiaier

44*--Nething-eentained- n-this-aet-shall-be-eeneteued

te-mendate- eeae-geneera-purpese-government-membership-ee

paet4espateon-in-a-regoena -planning-eeunei3T

(3)4L+ The existing regional planning council in each
of the areas designated in subsection (1) several

eemprehensive-plannang-di te4ete shall be designated as the

regional planning council specified under subsections (1) and

(2) -44*, provided the council agrees to meet the membership

criteria specified therein and was is a regional planning

council organized under s. 160.01 on the effective date of

this act ei~heer--63T-l-ee-ST-163Tea-er-ehapter-l60.

Section 4. Section 160.02, Florida Statutes, is

renumbered as section 164.205 and amended to read:

164.205 160rQv Regional planning councils; powers and

duties.--Any regional planning council created hereunder shall

have the following powers:


171-210C-5-3





171-210C-5-3


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(1) To adopt rules of procedure for the regulation of

its affairs and the conduct of its business and to appoint

from among its members a chairman to serve annually; however,

such chairman may be subject to reelection.

(2) To adopt an official name and seal.

(3) To maintain an office at such place or places

within the eemprehensive planning district as it may

designate.

(4) To employ and to compensate such personnel,

consultants, and technical and professional assistants as it

shall deem necessary to exercise the powers and perform the

duties set forth in this part set.

(5) To make and enter into all contracts and

agreements necessary or incidental to the performance of its

duties and the execution of its powers under this part aet.

(6) To hold public hearings and sponsor public forums

in any part of the regional area whenever the council deems it

necessary or useful in the execution of its ether functions.

(7) To sue and be sued in its own name.

(8) To accept and receive, in furtherance of its

functions, funds, grants, and services from the Federal

Government or its agencies; from departments, agencies, and

instrumentalities of state, municipal, or local government; or

from private or civic sources. All regional planning councils

shall, no later than January 30 of each year, render an

accounting of the receipt and disbursement of all funds

received by it them to the Florida Growth Management

Commission. secretary ef the Bepartment of Veteran and

Gemmunity Aefaire- The commission Seeretary eo Veteran and

Gemmunity Affairs shall consolidate all such reports and

submit such consolidated report to the Legislature no later

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than March 1 of each year. A separate accounting of the

receipt and disbursement of funds received by each regional

planning council pursuant to the Federal Older Americans Act

shall be submitted to the Legislature no later than March 1 of

each year.

(9) To receive and expend such sums of money as shall

be from time to time appropriated for its use by any county or

municipality when approved by the council and to act as an

agency to receive and expend federal funds for planning.

(10) To act in an advisory capacity to the constituent

local governments in regional, metropolitan, county, and

municipal planning matters.

(11) To cooperate, in the exercise of its planning

functions, with federal and state agencies in planning for

disaster preparedness.

(12) To fix and collect membership-dueey-rentsy-ee

fees when appropriate.

(13) To acquire, own, hold in custody, operate,

maintain, lease, or sell real or personal property.

(14) To dispose of any property acquired through the

execution of an interlocal agreement under s. 163.01.

(15) To accept gifts, grants, assistance, funds, or

bequests.

(16) To conduct studies of the resources of the

region.

(17) To cooperate partieipate with water management

districts, other governmental agencies, educational

institutions, and private organizations in the coordination or

conduct of its activities.


171-210C-5-3





171-210C-5-3


171-210C-5-3


(18) To select and appoint such advisory bodies as the

council may find appropriate for the conduct of its

activities.

(19) To enter into contracts to provide, at cost, such

services related to its responsibilities as may be requested

by local governments within the region and which the council

finds feasible to perform.

(20) To review and approve any local comprehensive

plan submitted by a county or municipality within its area of

jurisdiction.

Section 5. Sections 164.207, 164.209, 164.211,

164.213, and 164.215, Florida Statutes, are created to read:

164.207 Preparation of growth management plan.--On or

before January 1, 1985, each regional planning council shall

prepare a growth management plan of the type and in the manner

set out in this part.

164.209 Elements of the growth management plan.--

(1) The growth management plan shall be in conformity

with the adopted state objectives and policies and the program

of state actions.

(2) In the preparation of the growth management plan,

the council shall undertake an analysis of problems and needs

associated with growth and change in the region, especially as

they relate to land use, water use, and transportation system

development. The council shall also identify conditions

related to those problems and needs, and identify the probable

causes of the conditions.

(3) The growth management plan shall include a

statement of goals, objectives, and policies covering social,

economic, environmental, safety, transportation, water, and

energy concerns within the region.


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(4) To the extent consistent with this part, a

regional planning council may use a previously prepared

comprehensive regional policy plan in the preparation of the

growth management plan.

(5) The statement of goals and objectives shall be

used as a framework to prepare:

(a) A regional land use element designed to resolve

the land use related problems and needs as identified under

subsection (2). This element shall also include reference to

any existing or proposed areas of critical state concern.

(b) A regional water supply element designed to

resolve the water supply related problems and needs as

identified under subsection (2). This element shall be

prepared by the water management district or districts which

are included in whole or in part within the area of the

regional planning council.

(c) A transportation element designed to resolve the

transportation related problems and needs as identified under

subsection (2). This element shall coordinate and incorporate

plans for all metropolitan planning organizations within the

area of the regional planning council.

(d) A safety element designed to meet the safety-

related problems and needs as identified under subsection (2),

and for the protection of residents and property of the region

from fire, hurricane, or manmade or natural catastrophe. This

element shall include subelements such as regional evacuation

plans and emergency housing facilities.

(e) A sanitary sewer system, solid waste, and

hazardous waste element designed to meet the related problems

and needs as identified under subsection (2).


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171-210C-5-3


171-210C-5-3


(f) A housing element designed to meet the related


problems and needs as identified under subsection (2)


(g) Any other elements as may be peculiar to, and

necessary for, the area covered.

(6) The statement of goals and objectives and the

elements referred to in subsection (5) shall be used in

developing a coordinated program of regional policies directed


at resolving the identified problems and needs, especially


through land use, water use, and transportation system


programs and activities.

(7) The council shall consider existing state agency


plans, plans of adjacent regional planning councils.


metropolitan planning organizations, water management

districts, and local comprehensive plans in accomplishing the


purposes of subsections tll-(6~


(8) The council shall provide for adequate citizen


input into the process through public meetings.

164.211 Adoption of growth management
plan or element


or portion thereof.--

(1) At least 60 days before the adoption by a regional


nlanninc, nn:,nci 1 of


Ani An fl arnonnt or ~norti 0kn~~


before the adoption of an amendment to a previously adopted

plan, a regional planning council shall transmit a copy of the

proposal to the Florida Growth Management Commission for

review.

(2) Within 60 days after the plan or element or

portion thereof is approved by the commission, the regional

planning council shall adopt the plan or element or portion

thereof in compliance with the provisions of this part.

(3) The procedure for adoption or amendment of a

growth management plan or element or portion thereof shall be

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by not less than a majority of the total membership of the


regional planning council. The regional planning council

shall hold two advertised public hearings on the
proposal


.


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advertisement shall be published in the manner re
quired for


notice of special or local legislation. The first hearing

shall be held between 6 and 10 days after the day that the


first advertisement is published. The second hearing shall be


held between 10 and 17 days after the first hearing and shall


be advertised approximately 5 days prior to the public


hearing. The day, time, and place at which the second public


hearing will be held shall be announced no later than the


first public hearing. Any changes in the plan or element or

portion thereof subsequent to the public hearings must be


submitted to the commission for review


164.213 Evaluation and appraisal of growth management


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for the preparation of periodic reports on the growth


management olan at least once every ve,,ra After l+he or~nn


of the plan or element or portion thereof. The council shall

submit the report to the Florida Growth Management Commission

for review.

(2) The report shall represent an assessment and

evaluation of the success or failure of the plan or element or


portion thereof and shall contain appropriate statements


using words, maps, illustrations, or other forms, related to:


CODING: Words in -+tu-k though type ore deletion, from existing law; words underlined are additions.


The advertisement shall state the date, time, and place of the


1 purpose of the meeting. The


meeting e y--.
d thx


plans.--

(1) The planning process shall be a continuous and

ongoing process. The regional planning council shall arrange


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ourpsesofsbsacio (1-(6- 1


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171-210C-5-3


(a) The major problems of development, physical

deterioration, and the location of land uses and the social

and economic effects of such uses in the area.

(b) The condition of each element in the plan at the

time of adoption and at the date of report.

(c) The plan objectives as compared with actual

results at date of report.

(d) The extent to which unanticipated and unforeseen

problems and opportunities occurred between date of adoption

and date of report.

(3) The report may also suggest changes in the plan or

elements or portions thereof, including reformulated

objectives, policies, and standards.

(4) If the portions of the report which require

changes in the plan are approved by the commission, the

regional planning council shall adopt such amendments in


compliance with the provisions of this part.


164.215 Regional planning council budgets.--On or

before January 1, each regional planning council shall submit

a proposed budget for the next fiscal year to the Florida

Growth Management Commission. The commission shall review and

approve these budgets together with any changes.

Section 6. Sections 160.001 and 160.003, Florida

Statutes, created as sections 160.01 and 160.03 by chapter 80-

315, Laws of Florida, sections 160.05, 160.07, and 160.08,

Florida Statutes, as created by chapter 80-315, Laws of

Florida, and section 4 of chapter 80-315, Laws of Florida,

appearing as section 160.09, Florida Statutes, are hereby

repealed.

Section 7. Sections 164.201 through 164.215 are

designated part II of chapter 164, Florida Statutes.

30

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I t


Section 8. Section 163.3161, Florida Statutes, is

renumbered as section 164.301 and amended to read:

164.301 163-3161 Short titleT Intent and purpose.--

fit This aet shall be known and may be eited as the

e"eeal Government Gemprehenaive Planning Aet eo 19?5-T

fat in confermity withy and in furtherance efy the

purpose eo the Flerida Envirnienmtal Land and Water Management

Aet of 19927 chapter 8897 it ie the purpose of this aet to

utilize and strengthen the existing reler preeessese and

powers dof eea governments in the establishment and

implementation of eemprehensive planning programs to guide and

eentrle future develepment-

(1)f3i It is the intent of this part aet that its
adoption is necessary so that local governments can preserve

and enhance present advantages; encourage the most appropriate

use of land, water, and resources, consistent with the public

interest; overcome present handicaps; and deal effectively

with future problems that may result from the use and

development of land within their jurisdictions. Through the

process of comprehensive planning, it is intended that units

of local government can preserve, promote, protect, and

improve the public health, safety, comfort, good order,

appearance, convenience, law enforcement and fire prevention,

and general welfare; prevent the overcrowding of land and

avoid undue concentration of population beyond the capacity of

the land; facilitate the adequate and efficient provision of

transportation, water, sewerage, schools, parks, recreational

facilities, housing, and other requirements and services; and

conserve, develop, utilize, and protect natural resources

within their jurisdictions.



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171-210C-5-3


(2)44* It is the intent of this part set to encourage

and assure cooperation between and among municipalities and

counties and to encourage and assure coordination of planning

and development activities of units of local government with

the planning activities of regional agencies and state

government in accord with applicable provisions of law.

(3)45 It is the intent of this part set that adopted

comprehensive plans shall have the legal status set out in

this part aet and that no public or private development shall

be permitted except in conformity with comprehensive plans, or

elements or portions thereof, prepared and adopted in

conformity with this part set.

(4)46* It is the intent of this part set that the

activities of units of local government in the preparation and

adoption of comprehensive plans, or elements or portions

therefore, shall be conducted in conformity with the provisions

of this part aet.

1(5)1j The provisions of this part set in their

interpretation and application are declared to be the minimum

requirements necessary to accomplish the stated intent,

purposes, and objectives of this part set; to protect human,

environmental, social, and economic resources; and to

maintain, through orderly growth and development, the

character and stability of present and future land use and

development in this state.

Section 9. Section 163.3167, Florida Statutes, is

renumbered as section 164.303 and amended to read:

164.303 163r3l64 Local comprehensive plans Seepe-eo

aet.--

(1) The several incorporated municipalities, and the

several countiesT-and-eeptain-epeeiaal-dthtete-ee-eeal

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governmental entities set eut in this set shall have power and

responsibility:

(a) To plan for their future development and growth.

(b) To adopt and amend comprehensive plans, or
elements or portions thereof, to guide their future

development and growth.

(c) To implement adopted or amended comprehensive

plans by the adoption of appropriate land development

regulations or elements thereof and a capital improvements

program.

(d) To establish, support, and maintain administrative
instruments and procedures to carry out the provisions and

purposes of this part aet.

(2) The powers and authority set out in this part aet

may be employed by incorporated municipalities and counties7

and certain special districts individually or jointly by

mutual agreement in accord with the provisions of this part

aet and in such combinations as their common interests may

dictate and require.

l(3)f2 On or before January 1, 1986 July 17 1999, each
county and eaeh maieipality in this state shall prepare and

adopt a comprehensive plan, or amend an existing plan, of the

type and in the manner set out in this act. Any county may

choose not to prepare the plan required by this part, in which

case the plan shall be prepared by the regional planning

council having responsibility for the area.

4L1f3) On or before June 1, 1986 July 17 19i9, each
municipality in this state special district er ieeai

gevernmeatal entity under subseetien l63-3!8if44 shall prepare

and adopt a comprehensive plan, or amend an existing plan, of

the type and in the manner set out in this part see. Any


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171-210C-5-3


municipality may choose not to prepare the plan required by

this part, in which case the plan shall be prepared by the

regional planning council having responsibility for the area.

(5)f44 When a municipality or within a county does not

notify the regional planning council in writing by June 1,

1985, of its intention to prepare a comprehensive plan, it

shall be presumed that the county or municipality will not

prepare such a plan. The regional planning council shall then

prepare a plan for that county or municipality under the

provisions of this part. under subseetion e or when a

special district or eeeal governmental entity under subsection

+3) has met prepared and adopted a eemprehensive plan by July

i7 i9797 as required by this asct the eempreheesive plan of

the county in which sueh manicipality or special district er

loeea governmental entity ie situate shall govern- Such

county shall have the responsibility to specifically review

the appieaetion oe its comprehensive plan to sckh municipality

er special district eor eeal governmental entity by net later

than ene year from the date by which such ether leeal

government was required te adept its comprehensive pian-

fS5 When a county under subsections has net

prepared and adopted a comprehensive plan by July T1 1979y the

state land plamming agency shall prepare a eemprehensive plan

for such county and any municipalities er special districts re

leeal governmental entities therein net having met the

requirements of this aet by July 17 1997 and shall recommend

its adoption te the Administration Semmissien which shall have

authority te adept the eemprehensive plan

(6) Municipal corporations established after the

effective date of this act shall prepare and adopt a

comprehensive plan of the type and in the manner set out in

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this part aet within 3 years of the date of such

incorporation. However me eemprehensive plan meed be adopted

prior et July 71 19;9- A county comprehensive plan adopted

prior to or after the date of incorporation shall be deemed

controlling until the municipality adopts a comprehensive plan

in accord with the provisions of this part act. After July 17

19797 if7 upon the expiration of the 3-year time limit, if the

municipality has not adopted a comprehensive plan, the

regional planning council having responsibility for the area


and me county eemprehemsive plan has been adopted7 the state

land planning agemey shall prepare and adopt reeemmend te the

Administration Gemmissise a eemprehensive plan for such

municipality.

(7) Where a regional planning council has become

responsible for the preparation of a county or municipal plan,


the council and the county or municipality may agree to a


method of compensating the council for any costs incurred.

Should an agreement not be reached, the council may file

quarterly invoices of the costs with the county or

municipality and the Florida Growth Management Commission.


Upon the failure of the county or municipality to pay the

invoices within 60 days, the commission may direct the State

Comptroller to pay the council from any unencumbered funds due


the county or municipality. However, the amount of such


payment shall not exceed 50 percent of the funds due such

county or municipality.

(8) The Reedy Creek Improvement District shall

exercise the authority of this part as it applies to

municipalities, consistent with the legislative act under

which it was established, for the total area under its

jurisdiction.

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171-210C-5-3





171-210C-5-3


(*) The time limits set out in subseetiens 2+7 tf3t7

f4-, f5+~ and (*6 shall be extended by the state land planning

agency for a period net to exceed one year upon application to

the state land planning agency by the leeal unit ef government

involved and on due cause shewn that geed faith efforts to

meet the requirements ef this aet have been and are being

made- In addition to the time extension hereinM the state

land planning agency shall also extend the time limit for ene

additional time period net to exceed an additional year7 upon

application in the same manner and with the same burden ef

preef as prevaded for the initial extension-

f8+ On or before duly 4- 19967 each unit of leeal

government shall efficially inform the state land planning

agency and the appropriate regional planning agency ef its

designation ef a leeal planning agency pursuant to s-

163-3SS4- This time limit shall be extended by the state land

planning agency for a period net to exceed i year upon

application to the agency and on due eause shown that geed

faith efforts te meet the requirements ef this aet have been

and are being made- if the designation has net been made

within the required time peried- the appropriate eeunty land

planning agency7 pursuant to notification by the state land

planning agency in the ease ef a nendesignating Municipaiity

or special district er the state land planning agency, in the

ease ef a enndesignating eeunty er a nendesignating county and

nondesignating municipalities er special districts thereinM

shall assume the responsibilities ef a ieeao planning agency

for the area involved upon adoption ef an ordinance er rule7

as the ease may be7 and after due metstieatien to the

governing bedy ef the area involved7 until such time as the

required desaignatie has been made-

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171-210C-5-3


f9 UWpon assumption ef responsibility under subseetion

(8?7 the state land planning agency shall approve the

estimated east ef assumption by a eeunty land planning agency

er shall determine the estimated eests when the state land

planning agency is assuming responsibility for a

nendesignating eounty- inveeces for eests involved shall be

rendered quarterly to the governing body involved and7 upon

failure to pay sueh inveices7 the division er the division

upon request ef a county land planning ageney7 as the ease may

be7 is autherieed, upon filing proper vemehers with the State

Gemptreo&ler to request payment from the State Semptreller

from unencumbered revenue or ether tax sharing funds due such

nendesignating leeal government frem the state for work

actually performedT however, the amount ef such payment shall

net exceed 59 percent ef such funds due such leeal gevernment-

(9)_f19 Nothing in this part act shall limit or modify
the rights of any person to complete any development that has

been authorized as a development of regional impact pursuant

to chapter 380.

Section 10. Section 163.3171, Florida Statutes, is

renumbered as section 164.305 and amended to read:

164.305 16-n3171 Areas under this part aet.--

(1) When exercising authority under this part act, a

municipality shall exercise such authority for the total area

under its jurisdiction upon the passage of an appropriate

ordinance declaring its intent to do so. Unincorporated areas

adjacent to incorporated municipalities may be included in the

area of municipal jurisdiction for the purposes of this part

act if the governing bodies of the municipality and the county

in which the area is located agree on the boundaries of such

additional areas, procedures for joint action in the

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171-210C-5-3


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preparation and adoption of the comprehensive plan, procedures

for the administration of land development regulations or the

land development code applicable thereto, and the manner of

representation on any joint body or instrument that may be

created under the joint agreement. Such joint agreement shall

be formally stated and approved in appropriate official action

by the governing bodies involved.

(2) A county shall exercise authority under this part

aet for the total unincorporated area under its jurisdiction

or in such unincorporated areas as are not included in any

joint agreement with municipalities established under the

provisions of subsection (1). A eeunty shall exercise such

additional authority ever municipalities within its boundaries

under the eireumstances and as set eut in subseetiem

163-316?f44- The board of county commissioners shall by

ordinance declare its intent to exercise the authority set out

in this part act. In the case of chartered counties, the

county may exercise such additional authority over

municipalities or districts within its boundaries as is

provided for in its charter.

(3) Combinations of municipalities within a county, or

counties, or an incorporated municipality or municipalities

and a county or counties, or an incorporated municipality or

municipalities and portions of a county or counties may

jointly exercise the powers granted under the provisions of

this Dart act upon formal adoption of an official agreement by

the governing bodies involved pursuant to law. No such

official agreement shall be adopted by the governing bodies

involved until a public hearing on the subject with due public

notice has been held by each governing body involved. The

general administration of any joint agreement shall be

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governed by the provisions of s. 163.01 except that when there

is conflict with this part aet the provisions of this part set

shall govern.

+4) The Reedy Greek Imprevement Bistriet shall

exereeee the authority ef this aet- eensistent with the

legislative aet under which it was established ever the ettal

area under its jurisdietien- The Reedy Greek improvement

Bietriet may jeintly exercise said authority with

municipalities and eeounties in a manner eenistent with

subseetion e3e-

Section 11. Section 163.3174, Florida Statutes, is

renumbered as section 164.307 and amended to read:

164.307 163-3174 Local planning agency.--

(1) Local governing bodies, individually or in

combination as provided in s. 164.305 16;-31ni, shall

designate and establish a "local planning agency," unless the

agency is otherwise established by law. This agency shall

prepare the comprehensive plan after hearings to be held after

due public notice and shall make recommendations to the

governing body regarding the adoption of such plan or element

or portion thereof. The agency may be a local planning

commission, the planning department of the local government,

or other instrumentality, including a countywide planning

entity established by special act or a council of local

government officials created pursuant to s. 163.02, provided

the composition of the council is fairly representative of all

the governing bodies in the county or planning area; however:

(a) If a joint planning entity is in existence on the

effective date of this act which authcrizes the governing

bodies to promulgate and enforce a land use plan effective

throughout the joint planning area, that entity shall be the

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171-210C-5-3


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agency for those local governments until such time as the

authority of the joint planning entity is modified by law, and

(b) In the case of chartered counties, the planning

responsibility between the county and the several

municipalities therein shall be as stipulated in the charter.

(2) The ordinance or act establishing the local

planning agency shall, if applicable:

(a) Establish the method of choosing the members of

the agency.

(b) Require the agency to set rules of procedure and

to choose its officers.

(c) Provide a method of financial support for the

staffing and the work of the agency.

(d) Require that all meetings of the agency shall be

public meetings and that its records shall be public records.

(e) Set out the duties and responsibilities of the

agency and its relationships to the governing body.

(f) Provide for other appropriate matters.

(3) Nothing in this part aet shall prevent the

governing body of an incorporated municipality or county that

participates in creating a local planning agency serving two

or more jurisdictions from continuing or creating its own

local planning agency. A governing body may assign to the

local planning agency serving two or more jurisdictions any or

all of the functions, powers, and duties of its own local

planning agency. Thereafter, such functions, powers, and

duties shall be exercised by the local planning agency serving

two or more jurisdictions; however, the governing body may

rescind such assignment upon passage of a resolution at a duly

publicized public meeting.


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(4) The governing body or bodies may appropriate funds

for salaries, fees, and expenses necessary in the conduct of

the work of the local planning agency and also establish a

schedule of fees to be charged by the agency. To accomplish

the purposes and activities authorized by this part aet, the

local planning agency, with the approval of the governing body

or bodies and in accord with the fiscal practices thereof, has

the authority to expend all sums so appropriated and other

sums made available for use from fees, gifts, state or federal

grants, state or federal loans, and other sources; however,

acceptance of loans must be approved by the governing bodies

involved.

(5) The governing body of a municipality or county or

combinations thereof shall assign to the local planning agency

the general responsibility for the conduct of the

comprehensive planning program and the preparation of the

comprehensive plan or elements or portions thereof. The

governing body in cooperation with the local planning agency

may designate any agency, committee, department, or person to

prepare the comprehensive plan or any element thereof, but the

responsibility for final recommendation of the adoption of

such plan to the governing body shall be the responsibility of

the local planning agency. The local planning agency shall

monitor and oversee the effectiveness and status of the

comprehensive plan and recommend to the governing body such

changes in the comprehensive plan as may from time to time be

required. The responsibilities, powers, and duties of the

local planning agency shall be set out in the ordinance or act

establishing the agency, subject to the particular

requirements of this oart eet.


L


171-210C-5-3


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171-210C-5-3


Section 12. Section 163.3177, Florida Statutes, is

renumbered as section 164.309 and amended to read:

164.309 163-31? Required and optional elements of

comprehensive plan; studies and surveys.--

(1) The comprehensive plan shall consist of materials

in such descriptive form, written or graphic, as may be

appropriate to the prescription of principles, guidelines, and

standards for the orderly and balanced future economic,

social, physical, environmental, and fiscal development of the

area.

(2) Coordination of the several elements of the local

comprehensive plan shall be a major objective of the planning

process. The several elements of the comprehensive plan shall

be consistent, and the comprehensive plan shall be

economically feasible.

(3) The economic assumptions on which the plan is

based and any amendments thereto shall be analyzed and set out

as a part of the plan. Those elements of the comprehensive

plan requiring the expenditure of public funds for capital

improvements shall carry fiscal proposals relating thereto,

including, but not limited to, estimated costs, priority

ranking relative to other proposed capital expenditures, and

proposed funding sources.

(4) Coordination of the local comprehensive plan with

the comprehensive plans of adjacent municipalities, the

county, adjacent counties, or region and with the state growth

management objectives and policies eempsehensive plan shall be

a major objective of the local comprehensive planning process.

To that end, in the preparation of a comprehensive plan or

element thereof, and in the comprehensive plan or element as

adopted, the governing body shall include a specific policy

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statement indicating the relationship of the proposed

development of the area to the eemprehensive plans of adjacent

municipalities, the county, adjacent counties, or region and

to the state growth management objectives and policies

eemprehensive plan, as the case may require and as such

adopted plans or plans in preparation may exist.

(5) The comprehensive plan and its elements shall

contain policy recommendations for the implementation of the

plan and its elements.

(6) In addition to the general requirements of

subsections (1)-(5), the comprehensive plan shall include the

following elements:

(a) A future land use plan element and map designating

proposed future general distribution, location, and extent of

the uses of land for housing, business, industry, agriculture,

recreation, conservation, education, public buildings and

grounds, other public facilities, and other categories of the

public and private uses of land. The future land use plan

shall include a statement of the standards to be followed in

the control and distribution of population densities and

building and structure intensity as recommended for the

various portions of the area. The future land use plan may

designate areas for future planned development use involving

combinations of types of uses for which special regulations

may be necessary to insure development in accord with the

principles and standards of the comprehensive plan and this

act.

(b) A traffic circulation element consisting of the

types, locations, and extent of existing and proposed major

thoroughfares and transportation routes.



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171-210C-5-3


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(c) A general sanitary sewer, solid waste, drainage,

and potable water element correlated to principles and

guidelines for future land use indicating ways to provide for

future potable water, drainage, sanitary sewer, and solid

waste requirements for the area. The element may be a

detailed engineering plan for such facilities. The element

shall describe the problems and needs and the general

facilities that will be required for solution of the problems

and needs.

(d) A conservation element for the conservation,

development, utilization, and protection of natural resources

in the area, including, as the situation may be, air, water,

estuarine marshes, soils, beaches, shores, flood plains,

rivers, lakes, harbors, forests, fisheries and wildlife,

minerals, and other natural and environmental resources.

(e) A recreation and open space element indicating a

comprehensive system of public and private sites for

recreation, including, but not limited to, natural

reservations, parks and playgrounds, parkways, beaches and

public access to beaches, open spaces, and other recreational

facilities.

(f) A housing element consisting of standards, plans,

and principles to be followed in:

1. The provision of housing for existing residents and

the anticipated population growth of the area.

2. The elimination of substandard dwelling conditions.

3. The improvement of existing housing.

4. The provision of adequate sites for future housing,

including housing for low-income and moderate-income families,

mobile hcmes, and grcup home facilities and foster care

facilities, with supporting infrastructure and community


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facilities as described in paragraphs (6)(c) and (7)(e) and

(f).

5. Provision for relocation housing and identification

of housing for purposes of conservation, rehabilitation, or

replacement.

6. The formulation of housing implementation programs.

(g) For those units of local government lying in part

or in whole in the coastal zone as defined by the Coastal Zone

Management Act of 1972, 16 U.S.C. s. 1453(a), a coastal zone

protection element, appropriately related to the particular

requirements of paragraphs (d) and (e), including surveys of

existing vegetation types which need to be preserved for

natural control of dune and beach erosion and surveys of

traditional patterns of public access and use of beach

resources, setting out the policies for:

1. Maintenance, restoration, and enhancement of the

overall quality of the coastal zone environment, including,

but not limited to, its amenities and aesthetic values.

2. Continued existence of optimum populations of all

species of wildlife.

3. The orderly and balanced utilization and

preservation, consistent with sound conservation principles,

of all living and nonliving coastal zone resources.

4. Avoidance of irreversible and irretrievable

commitments of coastal zone resources.

5. Ecological planning principles and assumptions to

be used in the determination of suitability and extent of

permitted development.

6. Proposed management and regulatory techniques.


171-210C-5-3





171-210C-5-3


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In addition, at least 60 days before the adoption by a

governing body of the coastal zone protection element, the

governing body shall transmit a copy of the proposed element

to the [Department of Environmental Regulation] or its

successor for written comment pursuant to s. 164.313 163-B384.

(h) An intergovernmental coordination element showing

relationships and stating principles and guidelines to be used

in the accomplishment of coordination of the adopted

comprehensive plan with the plans of school boards and other

units of local government providing services but not having

regulatory authority over the use of land, with the

eemprehensive plans of adjacent municipalities, the county,

adjacent counties, or the region, and with the state growth

management objectives and policies eemprehemsive plan, as the

case may require and as such adopted plans or plans in

preparation may exist. This element of the local

comprehensive plan shall demonstrate consideration of the

particular effects of the local plan, when adopted, upon the

development of adjacent municipalities, the county, adjacent

counties, or the region or on the state growth management

objectives and policies eemprehensive pian, as the case may

require.

(i) A utility element in conformance with the 10-year

site plan required by the Florida Electrical Power Plant

Siting Act in part II of chapter 403.

(j) The optional elements of the comprehensive plan in

paragraphs (7)(a) and (b) are required elements for those

units of local government having populations greater than

50,000, as determined under s. 23.019.

(7) The comprehensive plan may include the following

additional elements, or portions or phases thereof:

46


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(a) As a part of the circulation element of paragraph

(6)(b) or as a separate element, a mass-transit element

showing proposed methods for the moving of people, rights-of-

way, terminals, related facilities, and fiscal considerations

for the accomplishment of the element.

(b) As a part of the circulation element of paragraph

(6)(b) or as a separate element, plans for port, aviation, and

related facilities coordinated with the general circulation

and transportation element.

(c) As a part of the circulation element of paragraph

(6)(b) and in coordination with paragraph (6)(e), where

applicable, a plan element for the circulation of

nonautomotive vehicular and pedestrian traffic, including

bicycle paths and bikeways, exercise trails, riding

facilities, and such other matters as may be related to the

improvement and safety of movement of all types of vehicular

and pedestrian traffic or to recreational aspects of

circulation.

(d) As a part of the circulation element of paragraph

(6)(b) or as a separate element, a plan element for the

development of offstreet parking facilities for motor vehicles

and the fiscal considerations for the accomplishment of the

element.

(e) A public services and facilities element, not

including the solid waste, potable water, drainage, and sewer

element which is required under paragraph (6)(c) or plans

required by paragraph (6)(i), showing general plans for local

utilities, rights-of-way easements, and facilities.

(f) A public buildings and related facilities element

showing locations and arrangements of civic and community

centers, public schools, hospitals, libraries, police and fire

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171-210C-5-3





171-210C-5-3


stations, and other public buildings. This plan element

should show particularly how it is proposed to effect

coordination with governmental units, such as school boards or

hospital authorities, having public development and service

responsibilities, capabilities, and potential but not having

land development regulatory authority. This element may

include plans for architecture and landscape treatment of

their grounds.

(g) A recommended community design element which may

consist of design recommendations for land subdivision,

neighborhood development and redevelopment, design of open

space locations, and similar matters to the end that such

recommendations may be available as aids and guides to

developers in the future planning and development of land in

the area.

(h) A general area redevelopment element consisting of

plans and programs for the redevelopment of slums and blighted

locations in the area and for community redevelopment,

including housing sites, business and industrial sites, public

buildings sites, recreational facilities, and other purposes

authorized by law.

(i) A safety element for the protection of residents

and property of the area from fire, hurricane, or manmade or

natural catastrophe, including such necessary features for

protection as evacuation routes and their control in an

emergency, water supply requirements, minimum road widths,

clearances around and elevations of structures, and similar

matters.

(j) An historical and scenic preservation element

setting out plans and programs for those structures or lands


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in the area having historical, archaeological, architectural,

scenic, or similar significance.

(k) An economic element setting forth principles and

guidelines for the commercial and industrial development, if

any, and the employment and manpower utilization within the

area. The element may detail the type of commercial and

industrial development sought, correlated to the present and

projected employment needs of the area and to other elements

of the plans, and may set forth methods by which a balanced

and stable economic base will be pursued.

(1) Such other elements as may be peculiar to, and

necessary for, the area concerned and as are added to the

comprehensive plan by the governing body upon the

recommendation of the local planning agency.

8ft All elements ed the eemprehemsive plan whether

mandatory er optioemna shall be based upem data appropriate te

the element invelved- Surveys and studies utilised in the

preparation eo the eemprehensive plan shall net be deemed a

part ef the eemprehenmsve plan unless adopted as a part of it-

Eepies of such studies- serveys- and suppeorten deeuments

shall be made available te pubise nspeeCtien and eeptes of

such plans shall be made available et the publie spen payment

ef reasonable charges for reprodue~en-

Section 13. Section 163.3181, Florida Statutes, is

renumbered as section 164.311 and amended to read:

164.311 163-3181 Public participation in the

comprehensive planning process; intent.--

(1) It is the intent of the Legislature that the

public participate in the comprehensive planning process to

the fullest extent possible. Towards this end, local planning

agencies and local governmental units are directed to adopt

49

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171-210C-5-3





171-210C-5-3


procedures designed to provide effective public participation

in the comprehensive planning process and to provide real

property owners with notice of all official actions which will

regulate the use of their property. The provisions and

procedures required in this part set are set out as the

minimum requirements towards this end.

(2) During consideration of the proposed plan or

amendments thereto by the local planning agency or by the

local governing body, the procedures shall provide for broad

dissemination of the proposals and alternatives, opportunity

for written comments, public hearings as provided herein,

provisions for open discussion, communications programs,

information services, and consideration of and response to

public comments.

Section 14. Section 163.3184, Florida Statutes, is

renumbered as section 164.313 and amended to read:

164.313 163-3184 Adoption of comprehensive plan or

element or portion thereof.--

(1) At least 60 days before the adoption by a

governing body of a comprehensive plan or element or portion

thereof, or before the adoption of an amendment to a

previously adopted comprehensive plan or element or portion

thereof, the governing body shall:

(a) Transmit a copy of the proposed comprehensive plan

or element or portion thereof to the regional planning council

having responsibility for the area state land planning ageney

for review and written comment. The state land planning

agency shall permptly puabish the faet es the leeal

gevernment-s tRtendee adeptte n of the eemprehens ve plan er

element es pertien thereee in the weekly phli-eatiae required

by sbseee sem 3SG-9*6(9 and shall iP.aeate thereet the dete-

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171-210C-5-3


time and plaee ef the public hearing et be held thereen- It

shall be the responsibility eo the state land planning agency

to eireeuate all or appropriate elements eo the intended plan

te appropriate state ageneees er eemment and adviee-

(b) Transmit a copy of the proposed comprehensive plan

or element or portion thereof to the Florida Growth Management

Commission regional planning agency having responsibility ever

the area fer written eemment. The Florida Growth Management

Commission shall promptly publish the fact of the local

government's intended adoption of the comprehensive plan or

element or portion thereof. It shall be the responsibility of

the commission to circulate all or appropriate elements of the

intended plan to appropriate state agencies for comment and

advice directed to the appropriate regional planning council.

feT if it is a municipality or a unit of leeal

government under subseetion 163-931714 transmit a eepy ef the

proposed eemprehensive plan or element or portion thereeo te

the leeal planning agency ef the eeunty for written eemment

eor if there is ne eeunty land planning ageney7 te the e&erk

eo the eireuit eeurt or the administrative effieer ef the

ceunty eemmission-

(c)*td Transmit a copy of the proposed comprehensive

plan or element or portion thereof to any other unit of local

government or governmental agency in the state that has filed

with the governing body a request for copies of all proposed

comprehensive plans or elements or portions thereof.

(d)+e Determine that the local planning agency has

held a public hearing on the proposed plan or element or

portion thereof with due public notice.

(2) Within 60 days7 er any longer pereed te which the

egverning body has agreed- after a local government has
51

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171-210C-5-3


171-210C-5-3


transmitted a proposed comprehensive plan or element or

portion thereof to the regional planning council state land

planning agency, the regional planning council state land

planning ageney shall submit in writing its comments on the

prepesed comprehensive plan or element or portion thereof, and

shall approve or deny approval of the plan or element or

portion thereof. A local government shall not adopt a plan or

element or portion thereof until approval is received from the

regional planning council or the Florida Growth Management

Commission on appeal. together with the eemments ef any state

agencies et which the state land planning agency may have

referred the plan The state land planning ageney shall

specify any ebjectiens and may make reeemmendatieons for

medifieations- The review ef the state land planning agency

shall be primarily in the eentext ef the relationship and

effeet- under chapter 237 ef the leeally submitted plan or

element er portion thereof te er en the eemprehensive plan er

element er portion theree7 and in the sentext ef the impact

ef the ieeally submitted plan er element or portion thereef en

the lawful respensibility ef state ageneies-

(3)(a) The review of a county plan by the regional

planning council shall be based upon consistency between:

1. The submitted plan and the regional plan.

2. The submitted plan and the Florida growth

management goals.

3. The submitted plan and other county plans within

the region.

4. The submitted plan and the plans of contiguous

municipalities, counties and regional planning councils.


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5. The submitted plan and the elements provided in s.

164.309, and any additional standards and criteria established

by the Florida Growth Management Commission.

(b) The review of a municipal plan by the regional

planning council shall be based on consistency between:

1. The submitted plan and the regional plan.

2. The submitted plan and the Florida growth

management goals.

3. The submitted plan and the county plan.

4. The submitted plan and the plans of other

municipalities within the county.

5. The submitted plan and the plans of contiguous

municipalities, counties and regional planning councils.

6. The submitted plan and the elements provided in s.

164.309, and any additional standards and criteria established

by the Florida Growth Management Commission.

(41 If the regional planning council state land

planning agency transmits objections to the proposed

comprehensive plan or element or portion thereof, the

governing body shall transmit a written statement in reply

thereto within 60 days 4 weeks. This written statement shall

include any revisions necessary for the plan or portion

thereof to comply with the objections of the regional planning

council. Within 60 days after the revisions are submitted,

the council shall grant or deny approval. If approved, the

governing body shall adopt the revised plan or element or

portion thereof. If denied, the governing body shall adopt

the plan or element or portion thereof together with any

changes suggested by the council unless the decision is

appealed to the Florida Growth Management Commission. The

governing bedy shall take no aetien et adept the eemprehensive

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171-210C-5-3


171-210C-5-3


matteer


0--Phe-peeeedue-el-eebseeetin-4-shel-appiy-te

revi ew-by-the-egienae-peBnning-egeneyr--The-time-sequene-ea

subseeie ae-(a)-enad-4-3-9hae-tn-eeneueeenety-peB

apprepeiate-teanamittair--Review-by-the-regional-piannBng

ageney-ehalH-be-peimae4iy-4n-the-eentext-ef-the-eeeat4onship

aRd-e8eet-el-the-leeally-submitted-pan-ee-element-ee-peert4e

thkeeee-te-ee-en-any-regienal-eemprehensive-plaBn

44)--Whe-preeedlue-ef-subseetion-4a2-sheai-apply-to

review-by-the-eeenty-eand-planning-ageney--The-time-seqencee

e-seubseetiene-43)-end-44-sahalk-run-eeneuereetly-spen

appsop*ate-teanRsRttal--Review-by-the-eenty-aBnd-planningB

ageney-shall-be-peBimaily-in-the-centent-of-the-eleat4onship

and-efEeet-et-the-lteally-submitted-plan-ae-element-e-poet4on

thereef-te-ee-eB-aey-een-ety-eempreheneve-plan-ee-element-ee

pet4eon-theeeefT

(5) After the regional planning council is satisfied

that the plan adequately meets the review criteria, it may


approve the plan by a majority vote of its members. Once this

approval is received, the county or municipality shall adopt

the plan in compliance with the provisions of this part. Any

comments, recommendations, or objections of the regional

planning council etate-land-planning-aeney-er-the-regienal-ee

eednty-land-planning-ageneies and any reply thereto shall be

public documents, a part of the permanent record in the

matter, and admissible in any proceeding in which the

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paR-ee-e*emene-ee-pee*en-thereeef-ntil-2-weeks-heve-eeapsed
fetlewing-the-teanamitta -e-the-geveentng-bedye'-aettet-ef

replyr--The-weitten-matee4ale-ef-the-etate-land-plannBng

ageney-and-the-gever4ing-bedy-requ+red-by-this-sabseetion

shaL-beeeme-a-peemanent-eaet-ea-Che-eeble-4 eer*ed-i4- *e


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comprehensive plan or element or portion thereof may be at

issue.

f6) The governing body shall eensider aii eemments

received frem any person agemey7 er government- It may

adept eor adept with ekhamge er amendments7 the prepesed

eemprehensive plan or element or portion theree despite any

adverse eemment reeeived-

(6)1&f(a) The procedure for adoption of a

comprehensive plan or element or portion thereof, except for

the future land use plan element, shall be by not less than a

majority of the total membership of the governing body, in a

manner prescribed by law.

(b) The procedure for adoption of the future land use

element or portion thereof which involves less than 5 percent

of the total land area of the local government unit shall be

by not less than a majority of the total membership of the

governing body, in the following manner:

1. The governing body shall direct the clerk of the

governing body to notify by mail each real property owner the

use of whose land the governmental agency will restrict or

limit by enactment of the proposal and whose address is known

by reference to the latest ad valorem tax records. The notice

shall state the substance of the proposal as it affects that

property owner and shall set a time and place for one or more

public hearings on such proposal. Such notice shall be given

at least 30 days prior to the date set for the public hearing,

and a copy of such notice shall be kept available for public

inspection during regular business hours of the office of the

clerk of the governing body.




171-210C-5-3


171-210C-5-3


2. The governing body shall hold a public hearing on

the proposal and may, upon the conclusion of the hearing,

adopt the proposal.

(c) The procedure for adoption of the future land use

plan element or portion thereof which involves 5 percent or

more of the total land area of the local government unit shall

be by not less than a majority of the total membership of the

governing body, in the following manner:

1. The local governing body shall hold two advertised

public hearings on the proposal. At the option of the

governing body, one of the public hearings may be held by the

local planning agency. Both hearings shall be held after 5

p.m. on a weekday, and the first shall be held approximately 7

days after the day that the first advertisement is published.

The second hearing shall be held approximately 2 weeks after

the first hearing and shall be advertised approximately 5 days

prior to the public hearing. The day, time, and place at

which the second public hearing will be held shall be

announced at the first public hearing.

2. The required advertisements shall be no less than

one-quarter page in a standard size or a tabloid size

newspaper, and the headline in the advertisement shall be in a

type no smaller than 18 point. The advertisement shall not be

placed in that portion of the newspaper where legal notices

and classified advertisements appear. The advertisement shall

be published in a newspaper of general paid circulation in the

county and of general interest and readership in the

community, not one of limited subject matter, pursuant to

chapter 50. It is the legislative intent that, whenever

possible, the advertisement shall appear in a newspaper that

is published at least 5 days a week, unless the only newspaper

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ti C


in the community is published less than 5 days a week. The

advertisement shall be in the following form:



NOTICE OF REGULATION OF LAND USE

The ...(name of local governmental unit)... proposes to

regulate the use of land within the area shown in the map in

this advertisement.

A public hearing on the proposal will be held on

...(date and time)... at ...(meeting place)....



The advertisement shall also contain a geographic location map

which clearly indicates the area covered by the proposal. The

map shall include major street names as a means of

identification of the area.

3. In lieu of publishing the advertisements set out in

this paragraph, the local governmental unit may mail a notice

to each person owning real property within the area covered by

the proposal. Such notice shall clearly explain the proposal

and shall notify the person of the time, place, and location

of both public hearings.

(7) Any changes in the plan or element or portion

thereof subsequent to the public hearings shall be submitted

to the regional planning council for review under the

provisions of this part.

Section 15. Section 164.315, Florida Statutes, is

created to read:

164.315 Appeals.--

(1) Within 60 days after a regional planning council

denies approval of, or fails to approve, a plan or element or

portion thereof, the county or municipality may appeal to the

Florida Growth Management Commission by filing a notice of
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171-210C-5-3


appeal with the commission. The county or municipality shall

furnish a notice of appeal to the regional planning council.

The filing of the notice of appeal shall stay the decision of

the council until the conclusion of the appeal.

(2) Prior to issuing an order, the Florida Growth

Management Commission shall hold a hearing pursuant to the

provisions of chapter 120. The commission shall issue an

order approving or failing to approve the plan or element or

portion thereof. If approved, the county or municipality

shall adopt the plan or element or portion thereof in

compliance with the provisions of this part. If denied, the

county or municipality shall adopt within 30 days the plan or

element or portion thereof, together with any changes

recommended by the commission.

Section 16. Section 163.3187, Florida Statutes, is

renumbered as section 164.317 and amended to read:

164.317 1446r18~ Amendment of adopted comprehensive

plan.--The procedure for amendment of an adopted comprehensive

plan or element or portion thereof, other than for a future

land use plan element or portion thereof involving less than 5

percent of the total land area of the local governmental unit,

shall be as for the original adoption of the comprehensive

plan or element or portion thereof set forth in s. 164.313

163r3184. The procedure for amendment of the future land use

plan element or portion thereof which involves less than 5

percent of the total land area of the local governmental unit

shall be the same as the procedure provided in s.

164.313(6)(b) 16vrL84+)-+b). If any amendment to the land

use element would be inconsistent with any other element of

the plan previously adopted, the governing body shall also

amend such other element and may do so by a vote of a majority
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of the total membership of the governing body. Corrections,

updates, or modifications of current costs which were set out

as part of the comprehensive plan shall not, for the purposes

of this part aet, be deemed to be amendments.

Section 17. Section 163.3191, Florida Statutes, is

renumbered as section 164.319 and amended to read:

164.319 64a3al39 Evaluation and appraisal of

comprehensive plan.--

(1) The planning program shall be a continuous and

ongoing process. The local planning agency shall prepare

periodic reports on the comprehensive plan, which shall be

sent to the governing body at least once every 3 5 years after

the adoption of the comprehensive plan or element or portion

thereof. Reports may be transmitted at lesser intervals as

may be required or upon request of the governing body.

(2) The report shall represent an assessment and

evaluation of the success or failure of the comprehensive plan

or element or portion thereof and shall contain appropriate

statements (using words, maps, illustrations, or other forms)

related to:

(a) The major problems of development, physical

deterioration, and the location of land uses and the social

and economic effects of such uses in the area.

(b) The condition of each element in the comprehensive

plan at the time of adoption and at date of report.

(c) The comprehensive plan objectives as compared with

actual results at date of report.

(d) The extent to which unanticipated and unforeseen

problems and opportunities occurred between date of adoption

and date of report.


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171-210C-5-3


(e) The extent to which land development regulations

are consistent with the plan.

(3) The report may also suggest changes in the

comprehensive plan or elements or portions thereof, including

reformulated objectives, policies, and standards. The report

shall be subject to the same review process required for the

original adoption or amendment of the plan. If the portions

of the report which require changes in the plan are approved,

the local government shall adopt such amendments in compliance

with the provisions of this part.

4f-)-The-cpoffe-shil -be-treasmiM-t'fed-to-th-e-sate-la

planning-ageneyr-ee-tehe-aegtena-egeney-heving-tespensibiity

ever-the-eeeaT-endT-fee-miiepepltli4esT-t-the-eeewty-peanning

ageneyr

(4)5)* Action on the report constitutes action as for

an amendment to the comprehensive plan or portion or element

thereof. The governing body may adopt the report or a portion

or portions thereof or may adopt the report with changes or

amendments after taking the steps required by s. 164.313

l6331i84 and subject to the limitations of s. 164.317

163ra3 8. The adoption of the report amends the comprehensive

plan or element or portion thereof to the extent specified in

the report required by this section.

Section 18. Section 163.3194, Florida Statutes, is

renumbered as section 164.321 and amended to read:

164.321 16-3-394 Legal status of comprehensive plan.--

(1) After a comprehensive plan or element or portion

thereof has been adopted in conformity with this part eat, all

development undertaken by, and all actions taken in regard to

development orders by, governmental agencies in regard to land

covered by such plan or element shall be consistent with such

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19.49

19.51

119.52

19.53

19.55



19.56


plan or element as adopted. All land development regulations

enacted or amended shall be consistent with the adopted

comprehensive plan or element or portion thereof, and all

existing land development regulations shall be brought into

consistency with the plan or element or portion thereof within

1 year after any adoption or amendment.

(2)(a) After a comprehensive plan for' the area, or

element or portion thereof, is adopted by the governing body,

no land development regulation, land development code, or

amendment thereto shall be adopted by the governing body until

such regulation, code, or amendment has been referred either

to the local planning agency or to a separate zoning

commission created under the authority of s. 163.183 for

review and recommendation as to the relationship of such

proposal to the adopted comprehensive plan or element or

portion thereof. Said recommendation shall be made within a

reasonable time, but no later than within 2 months after the

time of reference. If a recommendation is not made within the

time provided, then the governing body may act on the

adoption.

(b) For purposes of this subsection, "land development

regulations" or "regulations for the development of land"

include any local government zoning, subdivision, building and

construction, or other regulations controlling the development

of land. The various types of local government regulations or

laws dealing with the development of land within a

jurisdiction may be combined in their totality in a single

document known as the "land development code" of the

jurisdiction.

(3)(a) A court, in reviewing local governmental action

or development regulations under this part set, may consider,

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171-210C-5-3





171-210C-5-3


1 among other things, the reasonableness of the comprehensive

2 plan or element or elements thereof relating to the issue

3 justiciably raised or the appropriateness and completeness of

4 the comprehensive plan or element or elements thereof in

5 relation to the governmental action or development regulation

6 under consideration. The court may consider the relationship

7 of the comprehensive plan or element or elements thereof to

8 the governmental action taken or the development regulation

9 involved in litigation, but private property shall not be

10 taken without due process of law and the payment of just

11 compensation.

12, (b) It is the intent of this part aet that the

13 comprehensive plan set general guidelines and principles

14 concerning its purposes and contents and that this part eet

15 shall be construed broadly to accomplish its stated purposes

16 and objectives.

17 (4) The tax-exempt status of lands classified as

18 agricultural under s. 193.461 shall not be affected by any

19 comprehensive plan adopted under this part aee as long as the

20 land meets the criteria set forth in s. 193.461.

21 Section 19. Section 163.3197, Florida Statutes, is

22' renumbered as section 164.323 and amended to read:

23 164.323 44-34197 Legal status of prior comprehensive

24 plan.--Where, prior to July 1, 1983 the-effeetive-daCe-ef-this

251 eet, a local government had adopted a comprehensive plan or

26: element or portion thereof, such adopted plan or element or

27, portion thereof shall have such force and effect as it had at

28 the date of adoption and until appropriate action is taken to

29 adopt a new comprehensive plan as required by this part eet.

30' The prior adopted plan or element or portion thereof may be

31. the basis for meeting the requirement of comprehensive plan

62
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19.83

19.84

20.1

20.2


20.4

20.5


20.6

20.7


20.8

20.9

20.10

20.12


20.13

20.14


20.17

20.17

20.19

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20.22

20.24


20.25

20.26

20.27

120.28

i20.29


e


O C


adoption set out in this part eet, provided all requirements

of this part eet are met.

Section 20. Section 163.3201, Florida Statutes, is

renumbered as section 164.325 and amended to read:

164.325 -144, 48 Relationship of comprehensive plan to

exercise of land development regulatory authority.--It is the

intent of this part aee that adopted comprehensive plans or

elements thereof shall be implemented, in part, by the

adoption and enforcement of appropriate local regulations on

the development of lands and waters within an area. It is the

intent of this part eet that the adoption and enforcement by a

governing body of regulations for the development of land or

the adoption and enforcement by a governing body of a land

development code, as defined in s. 164.321(2)(b)

163r&b94+a)4b), for an area shall be based on, related to, and

a means of implementation for an adopted comprehensive plan as

required by this part set.

Section 21. Section 163.3211, Florida Statutes, is

renumbered as section 164.327 and amended to read:

164.327 1639-a21 Conflict with other statutes.--Where

this part eet may be in conflict with any other provision or

provisions of law relating to local governments having

authority to regulate the development of land, the provisions

of this part aee shall govern unless the provisions of this

part aet are met or exceeded by other provision or provisions

of law relating to local government. Nothing in this part ee*

is intended to withdraw or diminish any legal powers or

responsibilities of state agencies or change any requirement

of existing law that local regulations comply with state

standards or rules.


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171-210C-5-3


Section 22. Section 164.329, Florida Statutes, is

created to read:

164.329 Enforcement.--

(1)(a) The Department of Legal Affairs, any political

subdivision or municipality of the state, or a citizen of the

region may maintain an action for injunctive relief against:

1. Any governmental agency or authority charged by law

with the duty of enforcing laws, rules, and regulations for

the implementation of this act to compel such governmental

authority to enforce such laws, rules, and regulations;

2. Any person, natural or corporate, governmental

agency or authority to enjoin such persons, agencies, or

authorities from violating any portion of this act or any

laws, rules or regulations for the implementation of this act.

(b) In any suit under paragraph (a), the Department of

Legal Affairs may intervene to represent the interests of the

state.

(c) As a condition precedent to the institution of an

action pursuant to paragraph (a), the complaining party shall

first file with the governmental agencies or authorities

charged by law with the duty of regulating or prohibiting the

act or conduct complained of a verified complaint setting

forth the facts upon which the complaint is based and the

manner in which the complaining party is affected. Upon

receipt of a complaint, the governmental agency or authority

shall forthwith transmit, by registered or certified mail, a

copy of such complaint to those parties charged with violating

the laws, rules, and regulations for the implementation of

this act. The agency receiving such complaint shall have 30

days after the receipt thereof within which to take

appropriate action. If such action is not taken within the

64

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20.61


l:lus

20.63

20.64

20.65

20.66


20.68

20.69

l:lus

20.70

20.71

20.72

20.73


20.74

l:lus

20.75

20.76

20.77


S1rf


20.78

20.80

20.81

20.82


20.83

20.84

21.1

21.3


time prescribed, the complaining party may institute the

Judicial proceedings authorized in paragraph (a). However,

failure to comply with this subsection shall not bar an action

for a temporary restraining order to prevent immediate and

irreparable harm from the conduct or activity complained of.

(d) In any action instituted pursuant to paragraph

(a), the court, in the interest of justice, may add as party

defendant any governmental agency or authority charged with

the duty of enforcing the applicable laws, rules, and

regulations for the implementation of this act.

(e) No action pursuant to this section may be

maintained if the person (natural or corporate) or

governmental agency or authority charged with the violation of

this act or any law, rule or regulation implementing this act

is acting or conducting operations pursuant to a currently

valid permit or certificate covering such operations, issued

by the appropriate governmental authorities or agencies, and

is complying with the requirements of said permits or

certificates.

(2) The court may grant injunctive relief and impose

conditions on the defendant which are consistent with and in

accordance with law and any rules or regulations adopted by

any state or local governmental agency which is charged with

implementing this act.

(3) In any administrative, licensing, or other

proceedings authorized by law for the implementation of this

act, the Department of Legal Affairs, a political subdivision

or municipality of the state, or a citizen of the state shall

have standing to intervene as a party asserting that the

activity, conduct, or action to be licensed, permitted or


65

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171-210C-5-3


C~/C





171-210C-5-3


3

4

5

6

7

8

9

10

11
Sn
12

13

14

15

16

17

18

19

20

21

22

23

24

25,

26

27

28

29

30


allowed has or will have the effect of violating this act or

any law, rule or regulation implementing this act.

(4) Venue of any causes brought under this section

shall lie in the county or counties wherein the cause of

action is alleged to have occurred.

Section 23. Sections 163.3164, 163.3204, and 163.3207,

Florida Statutes, are hereby repealed.

Section 24. Sections 164.301 through 164.329 are

designated part III of chapter 164, Florida Statutes.

Section 25. Subsection (1) of section 201.02, Florida

Statutes, is amended to read:

201.02 Tax on deeds and other instruments relating to

realty or interests in realty.--

(1)(a) On deeds, instruments, or writings whereby any

lands, tenements, or other realty, or any interest therein,

shall be granted, assigned, transferred, or otherwise conveyed

to, or vested in, the purchaser, or any other person by his

direction, on each $100 of the consideration therefore the tax

shall be 46 44 cents. When the full amount of the

consideration for the execution, assignment, transfer, or

conveyance is not shown in the face of such deed, instrument,

document, or writing, the tax shall be at the rate of 46 45

cents for each $100 or fractional part thereof of the

consideration therefore.

(b) The tax increase imposed by section 1 of chapter

81-33, Laws of Florida, is repealed effective July 1, 1991;

and the tax rate shall be reduced to 41 44 cents for each $100

or fractional part thereof of the consideration.

(2) The tax imposed by subsection (1) shall also be

payable upon documents by which the right is granted to a


Sr


21.32

l:lus

21.33

21.34

21.36

21.37

21.37

21.38

21.38



21.39



21.40

21.41

21.42

21.43

21.44

21.45

21.46

21.47

21.48



21.50

21.51

21.53

21.54

21.55

21.57


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tenant-stockholder to occupy an apartment in a building owned

by a cooperative apartment corporation.
(3) The tax imposed by subsection (2) shall be paid by

the purchaser, and the document recorded in the office of the

clerk of the circuit court as evidence of ownership.

(4) The tax imposed by subsection (1) shall also be

payable upon documents which convey or transfer, pursuant to

s. 689.071, any beneficial interest in lands, tenements, or

other realty, or any interest therein, even though such

interest may be designated as personal property,

notwithstanding the provisions of s. 689.071(4). The tax

shall be paid upon execution of any such document.

Section 26. Subsection (13) of section 380.031,

Florida Statutes, is amended to read:

380.031 Definitions.--As used in this chapter:

(13) "Regional planning agency" means the appropriate

regional planning council ageney-designaCed-by-the-sbaCe-land

planning-ageney-oe-emeeetie-reepensibilieea-nder-this

ehapter-in-a-paertiea ar-regien-e?-the-seate.

Section 27. This act shall take effect July 1, 1983,

except that sections 8 through and including 24 of this act

shall take effect October 1, 1983.


171-210C-5-3


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171-210C-5-3


,1 *tt******************* ******************** hbs

2 HOUSE SUMMARY l:hbs

3 Creates a new chapter 164, F.S., entitled the Florida 21.81
Planning Act of 1983.

Part I of said chapter relates to state planning and 21.83
5 growth management. It creates a Florida Growth 21.84
Management Commission, consisting of the Governor and
6 Cabinet, and a Joint Legislative Committee on Growth 22.1
Management. The commission is required to adopt a state 22.2
7 growth management strategy, consisting of goals,
objectives, and policies. State agencies are required to 22.4
8 submit plans, rules and summaries of programs affecting
land use, water supply, and transportation system 22.5
9 development to the commission for review and
certification of compliance with growth management 22.6
10 objectives and policies. State objectives and policies 22.7
are to be used by state and district agencies, and local
11 governments must also comply therewith. 22.8

12 Part II relates to regional planning. The present 22.11
Florida Regional Planning Council Act is transferred to
13 this part. Membership of present regional planning 22.12
councils is revised. Each council is required to prepare 22.13
14 a growth management plan, consisting of specified
elements, and develop a coordinated program of regional 22.14
15 policies to meet identified problems and needs. Plans 22.16
and periodic reports thereon are to be reviewed by the
16 commission. Councils are required to submit their 22.17
proposed budgets to the commission for review.
S17 c
Part III relates to local planning. The present Local 22.19
18 Government Comprehensive Planning Act of 1975 is 22.20
transferred to this part. Counties and municipalities
19 are required to prepare a comprehensive plan or amend an 22.21
existing plan by specified dates, or the plan is to be
20 prepared by the regional planning council if the county 22.22
or municipality so chooses. Comprehensive plans are to
2 be reviewed by the regional planning council, and copies 22.23
are to be submitted to the commission. If the council 22.24
22 1 denies approval or fails to approve a plan, the county or
municipality may appeal to the commission. Standards for 22.25
23 review are provided. Periodic reports on the plan are
i required. All existing and future land development 22.26
24; regulations must be consistent with the plan. Various
provisions of the Local Government Comprehensive Planning 22.27
25 Act are retained, including those relating to designation 22.28
of local planning agencies, elements of the comprehensive
26! plan and procedures for adoption. 22.29

27 Actions for injunctive relief to enforce chapter 164, 22.31
F.S., are provided for.
28
Increases the documentary stamp tax on instruments 22.33
29 relating to realty.

30

31
68

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