Title: House of Representatives Committee on Community Affairs, Staff Analysis and Economic Impact Statement
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004199/00001
 Material Information
Title: House of Representatives Committee on Community Affairs, Staff Analysis and Economic Impact Statement
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - House of Representatives Committee on Community Affairs, Staff Analysis and Economic Impact Statement (JDV Box 43)
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 22
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004199
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







Date: April 11,1983
Revised:April 28, 1983
HOUSE OF REPRESENTATIVES
COMMITTEE ON COMMUNITY AFFAIRS
STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT

HB 1263
BILL# PCB 21 OTHER COMMITTEES OF REFERENCE

SPONSOR Cte. on Community Affairs


RELATING TO Florida SIMILAR COMPANION BILLS

Planning Act of 1983


I. SUMMARY

A. Present Situation:

1. State Section -- The state's current planning
process is deficient in managing growth in a number
of areas:

First, many regional and local plans have not
adequately been prepared and implemented to properly
manage future growth. This result has occurred
because the state has not clearly expressed a growth
management strategy to guide future development.
Therefore, within Florida's planning structure, many
conflicts with regard to land, water, and
transportation decisions exist at the state,
regional, and local level because the state has never
provided the proper mechanism (growth management
strategy) to resolve these conflicts.

Second, the state's role in the current planning
process is miniscule. To exemplify this point, the
Department of Community Affairs has one planner who
is in charge of reviewing all local comprehensive
plans to ensure that all elements, and portions
thereof, are in compliance with the Local Government
Comprehensive Planning Act of 1975. Even if this
individual does indicate a problem with a local plan
to the county or municipality in question, that
entity does not have to modify the plan because the
state agency currently is only empowered to recommend
changes.

Third, the State not only lacks an integrated
vertical (state, regional, and local levels) system
of planning, but also a horizontally integrated
system of planning within each level of government.
For instance, the Department of Transportation may
have a transportation development plan for a specific
area which is in conflict with the Department of
Natural Resources who has identified this same area
as a preservation site. Once again, the State lacks
a growth management strategy to resolve these
conflicts within each level of government

2. Regional Section -- Regional planning
responsibilities in Florida are currently the duty of
the eleven regional planning councils authorized
under Chapter 160, Florida Statutes. Although each
council is somewhat different, at least two-thirds of
the members of each governing board are elected local
officials appointed by the cities and counties of the
region, while the remaining members are appointed by
the Governor subject to the confirmation of the
Senate. The councils receive funding through federal
grants, state and local contributions, and fees
charged for various services.

The regional planning councils provide three primary
services to Florida's planning process. First, the
councils review Developments of Regional Impact under














Page 2
Staff Analysis
April 11,1983


section 380.076 of "The Florida Environmental Land
and Water Management Act of 1972. Second, a council
may become involved in the state's area of critical
state concern program (s.380.05,F.S.) by providing
technical assistance to local governments in
preparing land development regulations. Finally, the
councils play a role with regard to the Local
Government Comprehensive Planning Act of 1975.
(ss.163.3161-163.3211,F.S.). While all councils must
review and comment on the local government
comprehensive plans, some councils have also prepared
portions of the plans.

3. Local Section -- Counties and municipalities are
vested with significant responsibilities for managing
growth and development in Florida. These local
governments usually make the actual decisions
concerning the use of a parcel of land. Zoning and
comprehensive planning are important mechanisms used
by these governments to guide development. The
Local Government Comprehensive Planning Act (LGCPA),
ss.163.3161-163.3211,F.S., places a control on the
use of zoning and planning authority by counties and
municipalities. The LGCPA requires that each county,
municipality and certain special districts, adopt a
comprehensive plan which provides .standards
for the orderly and balanced future economic, social,
physical, environmental, and fiscal development of
the area." The comprehensive plan must contain
separate elements concerning: 1) future land use, 2)
traffic circulation, 3) potable water, waste, and
drainage, 4) conservation of natural resources, 5)
recreation and open space, 6) housing, 7)
intergovernmental coordination, and 8) electrical
utilities. Local governments with populations in
excess of 50,000 must also adopt elements which
consider: (1) mass transit and (2) port and
aviation facilities. Units of local government
located within the coastal zone must also prepare a
coastal zone protection element. Additional optional
elements may be adopted as required by the particular
local government.

Counties and municipalities adopted comprehensive
plans after public hearings and a review by various
state, regional and local agencies. Once adopted,
the plan is subject to a process of review at least
once every five years.

Once adopted, the comprehensive plan is designed to
place a restraint on the activities of the local
governments. The LGCPA provides that all
developmental regulations and all future development
by the local government be consistent with the plan.
Therefore, all land development regulations such as
zoning or building codes, and all future development
such as roads or parks constructed by the local
government itself, should conform to the local
comprehensive plan. Should a regulation or
development fail to conform to the comprehensive
plan, the local government would have to amend the
plan before enacting the regulation or undertaking
the development.

B. Effect of Proposed Changes:

1. State Section -- This bill would require the
Florida Growth Management Commission, composed of the
Governor and Cabinet, to adopt goals, objectives, and
policies to guide growth management at the state,
regional, and local levels. The goals, objectives,
and policies (Florida's growth management strategy)
would be used by all levels of government to prepare













Page 3
Staff Analysis
April 11,1983


and implement their plans, rules, regulations, and
programs. In addition, this growth management
strategy would be used to resolve conflicts regarding
land, water, and transportation decisions between and
within all levels of government.

This bill also would provide a more prominent role
for the state level with regard to Florida's planning
structure. For instance, the Commission is mandated
to review all district agency plans to ensure
compliance with the state's.growth management
strategy. If a plan is shown to be in non-
compliance, the district agency must amend its plan
to conform with the state's growth management
strategy.

In addition, the bill authorizes the Commission, upon
their request, to review state agency plans, rules,
and programs to ensure compliance with the state's
growth management strategy. Finally, any local
entity may appeal to the Commission if it feels that
an inappropriate decision has been rendered by a
district agency in reviewing their comprehensive
plan.

The Commission is also mandated to adopt standards
and criteria to be used in all district agency plans
and local comprehensive plans. However, before the
standards and criteria are developed, the Commission
must review present plans.

Finally, the bill creates the Joint Legislative
Committee on Growth Management to continually review
and recommend changes in order to improve Florida's
planning process

2. Regional Section -- Regional planning councils
would be altered to provide a fifteen member board
which would be appointed to two year terms by the
Governor subject to confirmation by the Senate. Four
members of each board would be elected county
officials and three members would be elected
municipal officials. Other members of the governing
board would be required to display expertise or a
demonstrated interest in various subject areas
related to planning and growth management.

Regional planning councils would have powers similar
to those provided in existing law. The most
significant change would require the councils to
review and approve the comprehensive plans of local
governments for compliance with established
standards.

Each regional planning council would also be required
to prepare a growth management plan by January 1,
1985. The plan would identify and attempt to develop
solutions to problems associated with growth and
change in the region. In particular, the plan would
include elements relating to land use, water supply,
transportation, safety, waste and housing. Once
prepared, the plan would be submitted to the Florida
Growth Management Commission for review and approval.

Each regional planning council would be required to
submit a proposed budget for each fiscal year to the
Florida Growth Management Commission for review and
approval. Funding would be provided through a one-
cent increase in the tax on deeds.

3. Local Section -- The Local Government
Comprehensive Planning Act, ss.162.3161-
163.3211,F.S., would be amended and renumbered to













Page 4
Staff Analysis
April 11,1983


provide for local planning in conjunction with
planning at the state and regional levels. Each
county, municipality, and certain special districts
would be required to prepare a comprehensive plan
which would be consistent with other plans in the
area and conform to established standards. County
plans would be adopted by January 1,1986, while
municipal plans would be adopted by June 1, 1986.
Plans for counties and municipalities which decide
not to prepare a plan would be prepared by the
regional planning council with the cost charged to
the appropriate local government.

The comprehensive plans would include elements
similar to those of existing law. The only
significant change would require the adoption of a
land use map as part of the future land use element.
Additional detail would be provided to existing law
through the standards and criteria established by the
Florida Growth Management Commission. An existing
comprehensive plan could be retained by a local
government to the extent it meets the new standards.

Prior to the adoption or amendment of a comprehensive
plan, the county or municipality would be required to
submit the proposal to the regional planning council.
The regional planning council would review the
proposal and approve it if it is consistent with the
requirements of this act, the goals and objectives
adopted by the Florida Growth Management Commission,
the regional plan and the plans of other local
governments in the area. Once the plan is approved
by a majority vote of the regional planning council,
it may be adopted by the county or municipality.

If the regional planning council refuses to approve
the plan, the local government would have the
opportunity to make revisions and submit the plan
again. If approval is again denied, the local
government would be allowed to appeal the decision to
the Florida Growth Management Commission. If the
decision of the council is upheld, the local
government would be required to adopt the plan
together with any of the suggested changes.

At least once every three years, local governments
would be required to review the status of the
comprehensive plan. Any changes suggested by the
review could be adopted after approval by the
regional planning council. Local governments would
also be required to bring all land development
regulations into conformity with the plan or any
amendments.

The Department of Legal Affairs, any political
subdivision of the state, a municipality or a citizen
of the state would be permitted to bring a lawsuit to
enforce this act.

C. Section by Section Analysis:

1. State Section -- Section 1. Creates the following
new sections in Chapter 164, Florida Statutes:

Section 164.101--designates a short title for this
act known as the "Florida Planning Act of 1983."

Section 164.103--Summarizes the Legislature's
findings regarding the growth management process in
Florida, includign a concern which indicates that
growth and development transcend boundary lines and
thus, a coordinated program at the state, regional,
and local level is necessary.














Page 5
Staff Analysis
April 11,1983


Section 164.105--Provides the definition of terms
relating to the state's growth management strategy
presented in this act.

Section 164.107--creates the Florida Growth
Management Commission which is composed of the
Governor and Cabinet. Establishes duties for the
Commission including the authority:(1) to identify
the problems and needs regarding Florida's growth
process; (2) to prepare and adopt statewide goals,
objectives, and policies to guide growth at the
state, regional and local level; (3) to review plans
to ensure compliance with statewide growth management
needs, and (4) to prepare and adopt standards and
criteria for mandated elements at the regional and
local level.

Section 164.109--Allows the Commission to receive
monies from all levels of government. Authorizes the
Commission to contract services with public and
private entities in order to carry out the intent of
this act.

Section 164.111--creates the Joint Legislative
Committee on Growth Management which is composed of 3
Representatives and 3 Senators. Establishes
procedures for the Committee in order to conduct
business.

Section 164.115--provides for the duties of the
Committee including the authorization: (1) to review
the state's growth management strategy; (2) to
review the growth management procedures established
by the Commission; (3) to recommend new areas of
critical state concern; and (4) to study the
availability and adequacy of important land uses as
they relate to growth management.

Section 164.117--mandates that state agencies' plans,
rules, and programs be in compliance with the state's
growth management strategy. Establishes a process of
review by the Commission to determine if a state
agency's actions are in compliance with this
strategy. Denies any state agency, after Commission
review, the authority to initially implement or
continue to implement any state plan, rule, or
program which has been shown to be in non-compliance
with the state's growth management strategy.

Section 264.119--establishes a process for the
Commission to prepare the state's growth management
strategy through the analyzation of the problems and
needs created by Florida's growth process. Ensures
that all existing plans, at all levels of government,
be taken into account before the state's growth
management strategy is prepared and implemented.

Section 164.121--establishes a timetable for the
adoption of the state's growth management strategy.
Mandates that all adopted objectives and policies be
used by state and district agencies in the
development of their plans.

Section 164.123--allows for the adoption of new or
amended goals, objectives, and policies pursuant to
Chapter 120, F.S.. Establishes a timeframe for
compliance by state, regional, and local government
in concert with the new or amended state growth
management strategy.

Section 164.125--provides a timetable for compliance
with the state's growth management strategy at the
local level.













Page 6
Staff Analysis
April 11,1983


Section 164.127--establishes a process of review for
plans, programs, regulations, and rules upon a local
or regional government request.

Section 164.128--establishes an extension process for
those district agencies which cannot meet the
required deadlines in order to comply with the
state's objectives and policies.

Section 164.131--provides a mechanism of review by
the Commission to assess compliance by district
agencies with the state growth management strategy.
Requires district agencies to amend plans to bring
them into compliance with the state growth management
strategy.

2. Regional Section --Section 2. Section
160.002,F.S., is renumbered as s.164.201 and amended
to declare the intent of the Legislature to establish
regional planning councils to provide coordinated
planning at the regional level.

*Section 3. Section 160.01,F.S., is renumbered as
s.164.203 and amended to establish eleven regional
planning councils. The governing boards would be
composed of fifteen members who serve for two year
terms. Members would be appointed by the Governor
subject to confirmation by the Senate. Four members
of each board would be elected county officials and
three members would be elected municipal officials.
Other members would be required to display expertise
or a demonstrated interest in various areas related
to growth management. Two appointees could not
reside in the same county until each county within
the region was represented on the governing board.

Section 4. Section 160.02,F.S., is renumbered as
s.164.205 and amended to provide regional planning
councils with powers and duties similar to those
provided in existing law. The most significant
change would require the regional planning councils
to review and approve county and municipal
comprehensive plans.

Section 5. Sections 164.207,164.209,164.211,164.213
and 164.215,F.S., are created.

Section 164.207,F.S., provides that each regional
planning council will be required to adopt a growth
management plan on or before January 1, 1985.

Section 164.209,F.S., establishes the elements which
would be included in a growth management plan. Each
plan would consider problems and needs associated
with growth and change in the region. In particular,
the plan would include elements relating to land use,
water supply, transportation, safety, waste and
housing. The plan would be used to develop a program
of regional policies directed at resolving any
identified problems.

Section 164.211,F.S., establishes procedures for the
submission of growth management plans to the Florida
Growth Management Commission for review and approval.
After approval is received the plan could be adopted
by the council.

Section 164.213,F.S., provides that at least once
every three years each council must prepare a report
on the success or failure of the plan. Any suggested
changes in the plan which are approved by the Florida
Growth Management Commission may be adopted by the
council.













Page 7
Staff Analysis
April 11,1983


Section 164.215,F.S., requires each regional planning
council to submit a budget for each fiscal year to
the Florida Growth Management Commission for review
and approval.

Section 6. Sections 160.001, 160.003, 160.05,160.07,
160.08 and 160.09,F.S., which relate to existing
regional planning councils, are repealed.

Section 7. Designates sections 164.201-164.215,F.S.,
Part II of Chapter 164, Florida Statutes.

3. Local Section -- Section 8. Section
163.3161,F.S., is renumbered as s.164.301. This
section provides legislative intent similar to that
in the present Local Government Comprehensive
Planning Act.

Section 9. Section 163.3167,F.S., is renumbered as
s.164.303 and amended to require each county and
municipality to prepare a comprehensive plan. The
plan could be based on an existing comprehensive
plan. County plans would be adopted by January 1,
1986, while municipal plans would be adopted by June
1, 1986.

Any county or municipality would be permitted to
choose not to prepare a comprehensive plan. In that
case, the plan would be prepared by the regional
planning council and the local government would be
charged for the cost of preparing the plan.

Section 10. Section 163.3171,F.S., is renumbered as
s.164.305. This section establishes the area of
jurisdiction for counties and municipalities and is
similar to the existing s.163.3171,F.S.

Section 11. Section 163.3174,F.S., is renumbered as
s.164.307 to provide a local planning agency for each
county and municipality. This section is almost
identical to existing law.

Section 12. Section 163.3177,F.S., is renumbered as
s.164.309 to provide the elements of local
comprehensive plans. The only significant difference
from existing law is the requirement for a land use
map as part of the land use element.

Section 13. Section 163.3181,F.S., is renumbered as
s.164.311. This section establishes guidelines for
public participation in the planning process which
are identical to existing law.

Section 14. Section 163.3184,F.S., is renumbered as
s.164.313 and amended to provide for the adoption of
local comprehensive plans. Prior to the adoption or
amendment of a comprehensive plan the county or
municipality would be required to submit the proposal
to the regional planning council. The regional
planning council would review the proposal and
approve it if it is consistent with the requirements
of this act, the goals and objectives adopted by the
Florida Growth Management Commission, the regional
plan and the plans of other local governments in the
area. Once the plan is approved by a majority vote
of the regional planning council, it may be adopted
by the county or municipality.

Section 15. Section 164.315,F.S., is created to
provide for a system of appeals. If a regional
planning council fails to approve a plan, the county
or municipality may appeal to the Florida Growth
Management Commission. If the Commission overturns













Page 8
Staff Analysis
April 11,1983


the decision of the regional planning council, the
county or municipality may adopt the proposed plan or
amendment. If the decision of the council is upheld,
the plan must be adopted with the changes suggested
by the Commission.

Section 16. Section 163.3187,F.S., is renumbered as
s.164.317 to provide for the amendment of adopted
comprehensive plans. This section is essentially
identical to existing law.

Section 17. Section 163.3191,F.S., is renumbered as
s.164.319 and amended to require that at least once
every three years, each county and municipality would
be required to review the status of the comprehensive
plan. This report would be submitted to the regional
planning council and, upon approval, the county or
municipality could adopt any amendments suggested by
the report.

Section 18. Section 163.3194,F.S., is renumbered as
s.164.321 to specify the legal status of
comprehensive plans. A new provision would be added
to require that all land development regulations be
brought into consistency with the plan.

Section 19. Section 163.3197,F.S., is renumbered as
s.164.323 to provide the legal status of an existing
comprehensive plan. This provision is similar to
existing law.

Section 20. Section 163.3201,F.S., is renumbered as
s.164.325 to establish the relationship of
comprehensive plans to land development regulatory
authority. This provision is similar to existing
law.

Section 21. Section 163.3211,F.S., is renumbered as
s.164.327 to continue existing law relating to
conflict between this part and other statutes.

Section 22. Section 164.327,F.S., is created to
provide for the enforcement of this act. The
Department of Legal Affairs, any political
subdivision of the state, a municipality or a citizen
of the region would be permitted to bring a lawsuit
to prevent the violation of this act.

Section 23. Sections 163.3164, 163.3204 and
163.3207,F.S., which apply to the existing Local
Government Comprehensive Planning Act, are repealed.

Section 24. Sections 164.301 -164.327,F.S., are
designated as Part III of Chapter 164.

Section 25. Section 201.02,F.S., is amended to
increase the tax on deeds to 46 cents per $100 of
consideration.

Section 26. Section 380.031,F.S., is amended to
designate regional planning councils as the regional
planning agency for purposes of the Florida
Environmental Lands and Water Management Act of 1972.

Section 27. This act shall take effect July 1, 1983,
except sections 8-24 which shall take effect October
1, 1983.

II. ECONOMIC IMPACT

1. State Section -- A significant amount of funding
would be necessary, at the state level, in order to
implement this new planning structure. Obviously,













Page 9
Staff Analysis
April 11,1983

the Commission will need a fairly large capable staff
in order to carry out the intent of this act.

2. Regional Section --

Although regional planning councils have reviewed
local comprehensive plans in the past, greater
funding would probably be required due to the
increased detail of examination required of the
regional planning councils. Regional plans have also
been prepared to some extent in the past but greater
costs would also be incurred here due to the more
definite requirements which would be established.
Funding would be assisted through the increase in the
tax on deeds.

3. Local Section -- Local governments would be
required to bear the cost of preparing comprehensive
plans, Since local governments are already required
to have comprehensive plans, and this bill makes few
changes in the elements required in the plans, the
cost would probably be less than required to prepare
an entirely new plan. Some local governments may be
able to meet the increased requirements of this bill
as part of the periodic review process required by
existing law.

III. COMMENTS

IV. AMENDMENTS


V. PREPARED BY John WaltS Steve Paikowsky



VI. STAFF DIRECTOR Mike Cusick




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs