Title: PCB 83-4, Minimum Requirements For Comprehensive Plans (Bill)
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 Material Information
Title: PCB 83-4, Minimum Requirements For Comprehensive Plans (Bill)
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - PCB 83-4, Minimum Requirements For Comprehensive Plans (Bill) (JDV Box 43)
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004191
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.

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Select Committee on Growth Management

PCB 83-4 Minimum Requirements for Comprehensive Plans (4/26/83)



1 A bill to be entitled

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

3

4 Section 1. A new section is added to Chapter 163,

5 Florida Statutes, to read:

6 163.3178(1) The Legislature recognizes that there is
7 significant state interest in the resources of the coastal

g zone of the state of Florida. Further, the Legislature
9 recognizes that in the event of a natural disaster, the state

10 may provide financial assistance to local governments for the
11 reconstruction of roads, sewer systems, and other capital

12 facilities. Therefore, it is the intent of the Legislature

13 that local government comprehensive plans be improved to

14 restrict development activities where such activities would

15 damage or destroy coastal resources, and to limit public

16 expenditures in areas that are subject to destruction by

17 natural disaster.

18 (2) Each coastal zone protection element required by

19 paragraph 163.3177(6)(g) shall contain:

0 (a) A land use and inventory map of existing uses,

21 undeveloped areas, and areas of special concern;

22 (b) An analysis of existing and future transportation

23 needs and the impact of future transportation systems on

24 growth and development patterns;

25 (c) A determination of the effects of drainage systems
1 and the impact of point source and nonpoint source pollution

27 on coastal water quality;

281 (d) Comprehensive hazard mitigation and population
2 evacuation plans;

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Select Committee on Growth Management

PCB 83-4 Minimum Requirements for Comprehensive Plans (4/26/83)



1 (e) Regulatory techniques to protect the coastal

2 ecosystem and to restrict inappropriate development in the

3 coastal zone; and

4 (f) A marina and water dependent facility siting plan

5 identifying environmentally desirable locations for marina,

6 boatyard, shipyard, and other water dependent uses.

7 (3) The state land planning agency shall, by July 1,

8 1984, adopt by rule minimum criteria for the review and the

9 approval or disapproval of the coastal zone protection

10 elements required by paragraph 163.3177(6)(g). These minimum

11 criteria for review shall relate to:

12 (a) Ensuring that the coastal zone protection element

13 is directly related to the existing elements of future land

14 use, traffic circulation, general sanitary sewer, solid waste,

15 drainage and potable water, recreation and open spaces,

16 conservation, and intergovernmental coordination;

17 (b) Maintaining, and where possible, upgrading water

18 quality; maintaining sufficient quantities of water flow;

19! (c) Limiting development and redevelopment activities

20 in high risk areas;

21 (d) Minimizing erosion from man-made causes;

22 (e) Maintaining, restoring, and enhancing natural or

23 man-made features of the coastal zone environment;

24 (f) Ensuring that the approved coastal zone protection

25 element of a municipality or special district is consistent

26 with the approved coastal zone protection element of the

27! county or counties in which the municipality or special

28 district lies except in those counties in which there is no

29 approved county coastal zone protection element.

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Select Committee on Growth Management

PCB 83-4 Minimum Requirements for Comprehensive Plans (4/26/83)



1 (g) Ensuring the continued existence of optimum

2 populations of endangered and threatened species and their

3 habitats;

4 (h) Maintaining the ability of local governments to

5 provide necessary community facilities and services to

6 accommodate existing and future population;

7 (i) Ensuring that the coastal zone protection elements

8 are consistent with the state coastal zone management program

9 developed pursuant to section 380.22;

10 (j) Ensuring that the coastal zone protection element

11 contents described in subsection (2) are contained in each

12 coastal zone protection element.

13

14 The state land planning agency may adopt procedural rules not

15 inconsistent with this Act or Chapter 120 for the carrying out

16 of the reviews of coastal zone protection elements required

17 under this Act. The state land planning agency may develop

18 model plans and ordinances to assist counties and

19 municipalities in the adoption and implementation of their

20 revised coastal zone protection elements.

21 (4)(a) Each county which is required to include a

22 coastal zone protection element in its comprehensive plan

23 pursuant to paragraph 163.3177(6)(g) shall, within 12 months

24 after the final promulgation of the criteria pursuant to

25 subsection 163.3178(3), review, and revise if necessary, its

261 coastal zone protection element to comply with the criteria.

27 The procedure for adopting a coastal zone protection element

28 shall be as provided in subsection 163.3184(7). Each county

29 shall submit a copy of its revised coastal zone protection

30 element to the state land planning agency immediately upon the

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Select Committee on Growth Management

PCB 83-4 Minimum Requirements for Comprehensive Plans (4/26/83)



1 adoption of the revised element. If a county has not revised

2 its coastal zone protection element within 12 months after the

3 state land planning agency adopts the criteria pursuant to

4 section 163.3178(3), it shall submit a copy of its existing

5 element to the state land planning agency.

6 (b) The state land planning agency shall review and

7 shall approve each county's coastal zone protection element,

8 in whole or in part, only if the element or part or parts to

9 be approved is consistent with the applicable criteria

10 established pursuant to subsection 163.3178(3). If a county's

11 coastal zone protection element, or some part or parts

12 thereof, is not consistent with the applicable criteria

13 established pursuant to subsection 163.3178(3), the element

14 shall be disapproved by the state land planning agency. If a

15 county does not submit any coastal zone protection element

16 pursuant to paragraph (a) its element shall be disapproved.

17 The state land planning agency shall notify each county of its

18 decision regarding approval or disapproval of the county's

19 element not later than three months after it receives the

20 element.

21 (5)(a) Each municipality or special district which is

22 required to include a coastal zone protection element in its

23 comprehensive plan pursuant to paragraph 163.3177(6)(g) shall,

24 within 12 months after the approval of the coastal zone

25 protection element of the county or counties in which the

261 municipality or special district lies or 18 months after the

27 final promulgation of the criteria pursuant to subsection

28 163.3178(3), whichever is earlier, review and revise if

29 necessary, its coastal zone protection element to comply with

30 the criteria. The procedure for adopting a coastal zone

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Select Committee on Growth Management

PCB 83-4 Minimum Requirements for Comprehensive Plans (4/26/83)


1 protection element shall be as provided in subsection

2 163.3184(7). Each municipality or special district shall

3 submit a copy of its revised coastal zone protection element

4 to the state land planning agency immediately upon the

5 adoption of its revised element. If a municipality or special

6 district has not revised its coastal zone protection element

7 within 12 months after the coastal zone protection element of

8 the county in which the municipality or special district lies

9 is approved by the state land planning agency or 18 months

10 after the final promulgation of the criteria pursuant to

11 subsection 163.3178(3), whichever is earlier, the municipality

12 or special district shall submit a copy of its existing

13 element to the state land planning agency.

14 (b) The state land planning agency shall review and

15 shall approve each municipality or special district coastal

16 zone protection element, in whole or in part, only if the

17 element or part to be approved is consistent with the

18 applicable criteria established pursuant to subsection

19 163.3178(3). If a municipality's or special district's

20 coastal zone protection element, or some part or parts

21 thereof, is not consistent with the applicable criteria

22 established pursuant to subsection 163.3178(3), the element

23 shall be disapproved by the state land planning agency. If a

24 municipality or special district does not submit any coastal

25 zone protection element pursuant to paragraph (a) its element

2 shall be disapproved. The state land planning agency shall

27 notify each municipality or special district of its decision

28 regarding approval or disapproval not later than six months

29 after it receives the element.

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Select Committee on Growth Management

PCB 83-4 Minimum Requirements for Comprehensive Plans (4/26/83)


1 (6) Any county or municipality or special district

2 whose coastal zone protection element has been disapproved by

3 the state land planning agency shall not be eligible for state

4 funding pursuant to section 161.091 and shall not be eligible

5 for state disaster relief funds pursuant to section 252.37.

6 Also, no coastal construction permits pursuant to section

7 161.053 shall be issued for excavations or construction in

8 counties or municipalities whose coastal zone protection

9 elements have been disapproved by the state land planning

10 agency.

11 (7) A local government whose coastal zone protection

12 element has been disapproved may amend such element and submit

13 such amended element to the state land planning agency for

14 review in accordance with subsection (4) or (5) of this

15 section. Subsection (6) shall not apply to a local government

16 which has amended its plan after a disapproval of such plan by

17 the state land planning and received an approval of such

18 amended element from the state land planning agency.

19 Section 2. Paragraph (g) of subsection (6) of section

20 163.3177, Florida Statutes, is amended, to read:

21 163.3177 Required and optional elements of

22 comprehensive plan; studies and surveys.--

23 (6) In addition to the general requirements of

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

25 following elements:

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

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

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

29 protection element, appropriately related to the particular

30 requirements of paragraphs (d) and (e) and subsections

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Select Committee on Growth Management

PCB 83-4 Minimum Requirements for Comprehensive Plans (4/26/83)



1 163.3178(2) and (3), including surveys of existing vegetation

2 types which need to be preserved for natural control of dune

3 and beach erosion and surveys of traditional patterns of

4 public access and use of beach resourcesT-setting-aut-the

5 peleies-fee8.

6 A1--MaiBnteameey-seeteea&tenT-and-enhaneement-ef-the

7 evepall-quality-ef-he-eeastal-sene-eBnvrenment7-ineeldingT

8 ba -eb-hfmi-ted-eT- -a-enite e-end-eesthete-vale9s

9 2r--GeRtiaued-eistcemee-el-eptimem-pepueatens-ef-ael

10 speeese-ef-wi ldlife

11 3r--he-etderly-and-baaeed-aCiLat -and

12 preeervahienT-eeneBetene-wth-seend-eeneevatten-pneniples9

13 eS-a-livi and-Bnefivg-eeaeta-eene-reseeeeeT

14 4--AveidaRee-e-ifeeversible-aed-reeetrievable

15 eemmR menes-e-eeaseak-eene-?eseeeee

16 5S--Beehefgeal-plaBnaag-prieipe-a-aesumi ns-e

17 be-seed-i--the-deteeminatein-e-suitCabiliy-and-extent-ef

18 pem-tted-deveiepmenet

19 6--Peepese-maagemenC-and-eegulaeey-eehnqeeT

20

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

22 governing body of the coastal zone protection element, the

23 governing body shall transmit a copy of the proposed element

24 to the .Department of Environmental Regulation+ or its

25 successor and the Department of Natural Resources for written

26 comment pausuaant-te-9s-163r 184.

27 Section 3. There is hereby appropriated from the

28 general revenue fund to the state land planning agency the sum

2 of $2,183,032 for purposes of implementing this act:

30 $1,092,790 for fiscal year 1983-84 and $1,090,242 for fiscal

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Select Committee on Growth Management

PCB 83-4 Minimum Requirements for Comprehensive Plans (4/26/83)



1 year 1984-85. The state land planning agency shall hold

2 $2,065,000 in the State Planning Trust Fund for the purpose of

3 making grants to local governments. The state land planning

4 agency shall promulgate rules for the administration of these

5 funds, including, but not limited to, a restriction limiting

6 the use of the funds to planning activities required by this

7 act.

8 Section 4. This act shall take effect immediately upon

9 becoming law.

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