Title: Select Committee on Growth Management, PCB 83-8 (Local Government Comprehensive Planning)
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 Material Information
Title: Select Committee on Growth Management, PCB 83-8 (Local Government Comprehensive Planning)
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Select Committee on Growth Management, PCB 83-8 (Local Government Comprehensive Planning) (JDV Box 54)
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills Passed, Articles - 1980s ), Item 40
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004097
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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SELECT COMMITTEE ON GROWTH MANAGEMENT


PCB 83-8 (Local Government Comprehensive Planning)



SUMMARY


A. Present Situation

Under the Local Government Comprehensive Planning Act
of 1975 (Section 163.3161, et seq., Florida Statutes), all
cities and counties are required to adopt comprehensive
plans to guide and control future development. Virtually
all cities and counties have adopted a plan. Although all
local plans are required to be reviewed at the state and
regional level prior to adoption, there is no requirement
that local plans be approved or disapproved, even when of
poor quality. The result is that local plans vary widely
in quality throughout the state, and a number are not
sufficient to fulfill the purpose of managing growth well.

B. Probable Effect of Bill

This bill adds the requirement that local comprehensive
plans be approved by a "regional planning agency" (defined
as water management districts) prior to local adoption. An
appeal to the Florida Land and Water Adjudicatory Commission
(Governor and Cabinet) is authorized for a local government
or the state land planning agency (Department of Community
Affairs), to review any decision by a water management
district on a local plan. Water management districts are
guided by review and approval criteria provided by the bill.
Local evaluations of existing plans may also be required
at the request of the regional planning agency.












Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)



1 *A bill to be entitled

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

3

4 Section 1. A new subsection (7) is added to section

5 163.3161, Florida Statutes, present subsection (7) is

6 renumbered as subsection (8), and subsection (2) is amended,

7 to read:

8 163.3161 Short title; intent and purpose.--

9 (2) In conformity with, and in furtherance of, the

10 purpose of the Florida Environmental Land and Water Management

11 Act of 1972, chapter 380, and the ouroose of the Florida Water

12 Resources Act of 1972, chapter 373, it is the purpose of this

13 act to utilize and strengthen the existing role, processes,

14 and powers of local governments in the establishment and

15 implementation of comprehensive planning programs to guide and

161 control future development.

17 (7) It is further the intent of this act to promote

18 more effective planning for and management of the state's land

19 and water resources so that orderly growth may be assured in a

20 manner consistent with the availability of public services and

21 the limits of natural resources; to utilize and strengthen the

22 ability of local governments to manage growth through better

23 coordination and management at the substate level of

241 government; and to promote better administration of Florida's

25i landmark environmental laws.

26i Section 2. Subsections (17) and (18) of section

27 163.3164, Florida Statutes, are amended, and subsection (20)

281 is added to said section, to read:

29 (17) "Regional planning agency" means the water

30 management district agency designated by the state land

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Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)



1 planning agency to exercise responsibilities under law in a

2 particular region of the state.

3 (18) "State land planning agency" means the Department

4 of Veteran-and Community Affairs or its successor agency.

5 (20) "State land development plan" means the plan

6 defined in s. 380.031(15).

7 Section 3. Subsection (5) is added to Section

a 163.3171, Florida Statutes, to read:

9 163.3171 Areas under this act.--

10 (5) For the purpose of this act, each municipality and

11 county shall be assigned to one regional planning agency. The

12 governing body of each municipality or county which lies

13 within the boundaries of more than one regional olannino

14 agency may, not later than September 1, 1983, adoot a

15 resolution requesting assignment to a particular regional

16 planning agency for which responsibility will be assigned for

17 the purpose of this act. Such resolutions shall be

18 transmitted to each affected regional planning agency and to

19 the state land planning agency not later than September 15,

20 1983. Not later than November 1, 1983, the state planning

21 agency shall initiate rulemaking proceedings to adopt a list

22 of those municipalities and counties not wholly located within

23 one regional planning agency, assigning each such local

24 government to a single regional planning agency.

25 Section 4. Subsections (1) and (2) of Section

26 163.3184, Florida Statutes, are amended, new subsections (4),

27 (5), (6), (7), and (8) are added to said section, present

281 subsection (3) is repealed, present subsection (4) is

29 renumbered as subsection (3), present subsection (7) is

30 renumbered as subsection (11), present subsections (5) and (6)

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Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)



1 are amended and renumbered as subsections (9) and (10),

2 respectively, to read:

3 163.3184 Adoption of comprehensive plan or element or

4 portion thereof.--

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

6 governing body of a comprehensive plan or element or portion

7 thereof, or before the adoption of an amendment to a

8 previously adopted comprehensive plan or element or portion

9 thereof, the governing body shall:

10 (a) Transmit a copy of the proposed comprehensive plan

11 or element or portion thereof to the state land planning

12 agency for written comment. The state land planning agency

13 shall promptly publish the fact of the local government's

14 intended adoption of the comprehensive plan or element or

15 portion thereof in the bi-weekly publication required by

16 subsection 380.06(19) 389-9669* and shall indicate therein the

17 date, time, and place of the public hearing to be held

18 thereon. It shall be the responsibility of the state land

19 planning agency to circulate all or appropriate elements of

20 the intended plan to appropriate state agencies for comment

21 and advice.

22 (b) Transmit a copy of the proposed comprehensive plan

23 or element or portion thereof t6 the regional planning agency

24 having responsibility over the area for approval or

25 disapproval weitten-eemment.

26 (c) If it is a municipality or a unit of local

27 government under subsection 163.3171(4) transmit a copy of the

28 proposed comprehensive plan or element or portion thereof to

29 the local planning agency of the county for written comment

30 or, if there is no county land planning agency, to the clerk

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Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)


1 of the circuit court or the administrative officer of the

2 county commission.

3 (d) Transmit a copy of the proposed comprehensive plan

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

5 government or governmental agency in the state that has filed

6 with the governing body a request for copies of all proposed

7 comprehensive plans or elements or portions thereof.

8 (e) Determine that the local planning agency has held

9 a public hearing on the proposed plan or element or portion

10 thereof with due public notice.

11 (2) Within 60 days, or any longer period to which the

12 governing body has agreed, after a local government has

13 transmitted a proposed comprehensive plan or element or

14 portion thereof to the state land planning agency, the state

15 land planning agency shall submit in writing to the local

16 governing body and to the regional planning agency its

17 comments on the proposed comprehensive plan or element or

18 portion thereof, together with the comments of any state

19 agencies to which the state land planning agency may have

20 referred the plan. The state land planning agency shall

21 specify any objections and may make recommendations to the

22 local governing body and to the regional planning agency for

23 modifications. The review of the state land planning agency

24 shall be primarily in the context of the relationship and

25 effecty-rndee-ehaster-ay7 of the locally submitted plan or

26 element or portion thereof to or on any the-eempeehensive plan

27 or element or portion thereof adooted under chapter 23, 373,

28 or 380, and in the context of the impact of the locally

29 submitted plan or element or portion thereof on the lawful

30 responsibility of state agencies. If the state land planning

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Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)



1 agency transmits objections to the proposed comprehensive plan

2 or element or portion thereof, the governing body shall

3 transmit a written statement in reply thereto within 4 weeks

4 to the state land planning agency and to the regional planning

5 agency. Whe-geverAnf-bedy-shal-teae-ne-eeten-Ce-adept-the

6 eempgeheas~ive-pla--e-emement-ee-peee-fheneee-enti-2-weeks

7 have-eaepeed-reliewwing-he-aet esmitfaef-e-he-geve-intmg-baey

8 ietter-ef-repiyr The written materials of the state land

9 planning agency and the governing body required by this

10 subsection shall become a permanent part of the public record

11 in the matter.

12 (4) Upon receipt of the written comments of the state

13 land planning agency, together with any written statement in

14 reply thereto from the local governing body, the regional

15 planning agency shall review the comprehensive olan or element

16 or portion thereof, along with all comments received from any

17 person, agency, or government. Review by the regional

18 planning agency shall be based upon whether, and the extent to

19 which, the locally submitted plan or element or portion

20 thereof is consistent with:

21 (a) Any adopted regional comprehensive plan or short-

22 term program;

231 (b) The Florida water plan adopted pursuant to s.

241 373.039;

25 (c) State plans or policies adopted pursuant to

26 chapters 23, 373, or 380;

27 (d) Other local government comprehensive olans within

28 the region.

29 (5) After completing its review pursuant to subsection

301 (4), the regional planning agency shall approve or disapprove

311 5


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Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)



1 the comprehensive olan or element or portion thereof, and

2 render a written order to the local governing body and the

3 state land olannina agency either granting approval or

4 specifying any objections and the changes that would make the

5 plan eligible for approval. The local governing body shall

6 take no action to adopt the comprehensive plan or element or

7 portion thereof until the regional planning agency renders its

8 order.

9 (6) Within 45 days after the regional planning agency

10 order is rendered in regard to a local comprehensive plan or

11 element or portion thereof, the local governing body or the

12 state land planning agency may appeal the order to the Florida

13 Land and Water Adjudicatory Commission by filing a notice of

14 appeal with the commission. The appellant shall furnish a

15 copy of the notice of appeal to the regional planning agency

16 which issued the order. The filing of the notice of aopeal

17 shall stay the effectiveness of the order and shall stay any

18 judicial proceedings in relation to the order, until after the

19 completion of the appeal process.

20 (7) Prior to issuing an order, the Florida Land and

21 Water Adjudicatory Commission shall hold a hearing pursuant to

22 the provisions of chapter 120.

23 (8) The Florida Land and Water Adjudicatory Commission

24 shall issue a decision approving or disapproving the

25 comprehensive olan or element or portion thereof pursuant to

26 the standards contained in subsection (4), and may attach

27 conditions and restrictions to its decisions.

28 (9)*5* Any comments, recommendations, or objections of

2 the state land planning agency or the regional or local eenty

30 iand planning agencies and any reply thereto shall be public

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Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)



1 documents, a part of the permanent record in the matter, and

2 admissible in any proceeding in which the comprehensive plan

3 or element or portion thereof may be at issue.

4 (10)46 Upon approval of the local comprehensive plan

5 or element or portion thereof, pursuant to either subsection

6 (5) or (8) of this section, the local governing body shall

7 adopt the olan in compliance with the provisions of this

8 chapter. The governing body shall consider all comments

9 received from any person, agency, or government. It may

10 adopt, or adopt with changes or amendments, the proposed

11 comprehensive plan or element or portion thereof despite-eny

12 adverse-eemment-reeeeved. However, any chances or amendments

13 to the orooosed comprehensive alan or element or portion

14 thereof not previously reviewed by the regional planning

15 agency shall be submitted for review and approval pursuant to

16 the provisions of this section, prior to adoption by the local

17 governing body.

18 Section 5. Section 163.3187, Florida Statutes, is

19 amended to read:

20 163.3187 Amendment of adopted comprehensive plan.--The

21 procedure for amendment of an adopted comprehensive plan or

22 element or portion thereof, other than for a future land use

23 plan element or portion thereof involving less than 5 percent

24 of the total land area of the local governmental unit, shall

25 be as for the original adoption of the comprehensive plan or

26a element or portion thereof set forth in s. 163.3184. The

27 procedure for amendment of the future land use plan element or

2 portion thereof which involves less than 5 percent of the

total land area of the local governmental unit shall be the

30 same as the procedure provided in s. 163.3184(11)(b)

31 7


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Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)



1 i63Ti3a44;**bt. If any amendment to the land use element

2 would be inconsistent with any other element of the plan

3 previously adopted, the governing body shall also amend such

4 other element and may do so by a vote of a majority of the

5 total membership of the governing body. Corrections, updates,

6 or modifications of current costs which were set out as part

7 of the comprehensive plan shall not, for the purposes of this

8 act, be deemed to be amendments.

9 Section 6. Subsections (1) and (2) of Section

10 163.3191, Florida Statutes, are amended to read:

11 163.3191 Evaluation and appraisal of comprehensive

12 plan.--

13 (1) The planning program shall be a continuous and

14 ongoing process. The local planning agency shall prepare

15 periodic reports on the comprehensive plan, which shall be

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

17 the adoption of the comprehensive plan or element or portion

18 thereof. Reports may be transmitted at lesser intervals as

19 may be required or upon request of the governing body.

20 Reports shall also be prepared and transmitted to the

21 governing body if requested by the regional planning agency.

22 (2) The report shall represent an assessment and

23 evaluation of the success or failure of the comprehensive plan

24 or element or portion thereof and shall contain appropriate

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

26' related to:

27 (a) The major problems of development, physical

28 deterioration, and the location of land uses and the social

29 and economic effects of such uses in the area.

30

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Select Committee on Growth Management

PCB 83-8 Local Government Comprehensive Planning (4/11/83)



1 (b) The condition of each element in the comprehensive

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

3 (c) The comprehensive plan objectives as compared with

4 actual results at date of report.

5 (d) The extent to which unanticipated and unforeseen

6 problems and opportunities occurred between date of adoption

7 and date of report.

8 (e) The cumulative effect of all amendments to the

9 future land use olan element granted since original adoption

10 or since last updated oursuant to this section.

11 Section 7. This act shall take effect October 1, 1983.

12

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14

15

16

17

18

19

20

21

22

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24

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26

271

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29

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