Title: Public Workshop Draft - Recommendations of the Governor's Task Force on Land Use and Water Planning, October of 1994
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Title: Public Workshop Draft - Recommendations of the Governor's Task Force on Land Use and Water Planning, October of 1994
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Abstract: Jake Varn Collection - Public Workshop Draft - Recommendations of the Governor's Task Force on Land Use and Water Planning, October of 1994 (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 4
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.I, .


RECOMMENDATIONS


OF THE


GOVERNOR'S TASK FORCE


ON


LAND USE


AND


WATER PLANNING


~







LAND USE AND WATER PLANNING TASK FORCE

Established pursuant to Section 77, Chapter 93-206, Laws of Florida


Ms. Vicki Tschinkel, Chair
Consultant/Environmental and Land Use
Landers and Parsons
Tallahassee, Florida

Mr. Steve Seibert
Pinellas County Commissioner
Clearwater, Florida

Mr. David Orshefsky
Attorney
Environmental and Land Use Law
Fort Lauderdale, Florida


Ms. Denise Prescod
Member, St. Johns Water
Management District
Palatka, Florida

Dr. Richard Hamann
University of Florida Center for
Government Responsibility
Gainesville, Florida

Secretary Charles M. Dusseau
Mr. Dennis Harmon (Designee)
Department of Commerce
Tallahassee, Florida


Secretary Virginia Wetherell
Department of Environmental Protection
Tallahassee, Florida

Mr. Jack Maloy
Attorney, A. Duda and Sons, Inc.
Ovieda, Florida


Mr. David L Powell
Attorney, Hopping Boyd Green and Sams
Tallahassee, Florida

Ms. Casey Gluckman
Attorney, Gluckman and Gluckman
Tallahassee, Florida

Mr. Chuck Littlejohn
Florida Chamber of Commerce
Tallahassee, Florida


Mr. Dennis Moss
Member, South Florida Regional
Planning Council
Miami, Florida


Ms. Pam Akin
City Attorney
Clearwater, Florida


Ms. Sue Dudley
Member, Southwest Florida
Regional Planning Council
Port Charlotte, Florida

Mr. Robert Rhodes
Attorney, Steel, Hector and Davis
Tallahassee, Florida


Secretary Linda Shelley
Department of Community Affairs
Tallahassee, Florida


Secretary Ben Watts
Mr. Bob Romig (Designee)
Department of Transportation
Tallahassee, Florida

Mr. Jake Varn
Attorney, Carlton Fields Law Firm
Tallahassee, Florida

Mr. Allan Milledge
Member, South Florida Water
Management District
West Palm Beach, Florida


Ms. Jane Walker
Environmental Interest
Gainesville, Florida

Dr. Stephen Humphrey
Environmental Regulation
Commission
Newberry, Florida










LAND USE AND WATER PLANNING TASK FORCE


PUBLIC WORKSHOP SCHEDULE



October 17, 1994, 7:00 p.m. 9:00 p.m

18th Floor Conference Room
Stephen Clark Building
Metro Center
111 NW 1st Street
Miami, Florida


October 18, 1994,


7:00 p.m. 9:00 p.m.


Agenda Conference Room
2nd Floor
400 South Orange Avenue
Orlando, Florida


October 20, 1994,


7:00 p.m. 9:00 p.m.


County Commission Chambers
Leon County Courthouse
301 South.Monroe Street
Tallahassee, Florida



Written comments may be submitted to the Governor's Growth Management Policy Unit, The
Capitol, Room 2105, Tallahassee, Florida 32399-0001. Please submit you comments no later
than October 31, 1994.









Table of Contents




INTRODUCTION .......................................... 1
Defining the Problem ................... ................. 1
The Governor's Land Use and Water Planning Task Force -- Charge ....... 3
Focus of Task Force Recommendations ............................. 3

RECOMMENDATIONS FOR STATE-LEVEL PLANNING ................ 4
State Comprehensive Plan and Other State-Level Plans ................ 4
State-Level Planning Documents ..................... ......... 5
Figure 1
Proposed Recommendations for State-Level Plans ............... 6
Structure of the State-Level Plans ............................... 7
Adoption of the State-Level Plans ............................... 8
Florida Water Plan ...................................... 10
State Water Policy ...................................... 12
Florida Land Plan .................... ................... 13
Florida Transportation Plan ................................. .. 15

RECOMMENDATIONS FOR REGIONAL PLANNING .................. 17
District Water Management Plans ................................ 18
Figure 2
Proposed Recommendations for the District Water Management Plans 21
Regional Water Supply Authority Master Plans ................. .... 22
Figure 3
Proposed Recommendations for Regional Water Supply Authority
Master Plans ................................ 23
Strategic Regional Policy Plans ............................... 24
Figure 4
Proposed Recommendations for the Strategic Regional Policy Plans . 25
Water Resources Data and Analysis for Strategic Regional Policy Plans ...... 26
Figure 5
Proposed Recommendations for Regional Planning ............. 28

RECOMMENDATIONS FOR LOCAL PLANNING ..................... 29
Figure 6
Proposed Recommendations for Local Planning ............... 33

APPENDIX .................... .......................... 34
Timeline -- State, Regional, and Local Government Planning Activities ...... 35









INTRODUCTION

Defining the Problem

Our land use can be expressed as the function of our economy, as modified by our social
needs and desires. How well we use the land, and how well we provide the land based
services required for our society and economy reflects the success of our growth
management program. Our society and economy, however, depends upon the availability of
resources. Water is one of Florida's most basic resources. It is basic because it is crucial in
so many ways to so many aspects of Florida. For example, the state and its people depend
upon an adequate supply of high-quality fresh water to meet their current demands and the
demands of the approximately 250,000 new residents who arrive each year. Fresh water
also is crucial if we are to protect habitat for fish and wildlife, preserve the richness of our
estuaries, and maintain the quality of the lakes, rivers and wetlands that are at the core of
Florida's quality of life.

To protect this valuable resource, Florida has developed some of the strongest water-
protection laws in the Nation. However, these laws have been adopted and amended over a
number of years, with little thought to coordination. For example, Florida law now contains
a wide array of state, regional and local planning requirements. However, some of these
requirements are not fully integrated into the state's overall planning framework. This lack
of integration could have serious consequences as local and regional governments plan for
land use largely without considering the implications for the state's water resources.
Because of the importance of water resources for the future of the state, the third
Environmental Land Management Study Committee, in its December 1992 Report, identified
a tie between land and water planning as a significant "missing link" in Florida's growth
management planning process.

The Environmental Land Management Study Committee also identified intergovernmental
coordination as a key element to successful land and water management. The Committee
noted that the local comprehensive plan represents an opportunity for effective integration
of land and water planning, since local comprehensive plans must address water and its
relationship to future land development. However, local governments do not control the
allocation of water. The Department of Environmental Protection and water management
districts control the allocation of water resources--yet there is no clearly defined link
between these decisions and local comprehensive plans.

Florida's comprehensive planning framework calls for plans at all levels of government.
Thus, a large number of governmental entities--ranging from state through regional, then to
local governments--are involved in land and water planning.




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OCTOBER 1994 1










Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code, do contain
extensive requirements which can provide links between land and water planning at the
local level. Several of the required elements in local comprehensive plans--such as the land
use element, the sanitary sewer, potable water, and natural ground water aquifer recharge
element, the coastal management element, the conservation element, and the
intergovernmental coordination element--have direct implications for land and water
planning.

However, most local plans concentrate on providing adequate public facilities for water,
rather than an adequate supply of water to serve the future. This may be ascribed, in part,
to local governments not having adequate data and information as they develop their plans
and make their decisions. Over the past several years, the water management districts and
local governments have become increasingly aware of this problem. The districts' water
management plans will address regional water supply, include a water needs assessment, set
schedules for determining minimum flows and levels in lakes and streams, provide for flood
protection, and provide for management of district control structures, water quality, and
natural systems. The detailed data and information collected by the districts for these plans,
and the conclusions each district reaches, should be made available to local governments as
they go through the evaluation and appraisal review process, and amendment processes for
their local plans. These water management plans are scheduled for completion in
November, 1994.

Florida's Water Resources Act, adopted in 1972, created the state's five water management
districts. The act requires the Department of Environmental Protection and the water
management districts to manage, conserve, develop, and provide for the proper use of the
state's surface and ground waters. The districts gather basic water resources data and
information and regulate the use of ground and surface waters. They play a key role in
land and water planning in Florida by preparing Surface Water Improvement and
Management plans, planning for land acquisitions under the Save Our Rivers program, and
developing their district water management plans.

The Legislature also ratified the existing 11 regional planning councils in 1980 with
responsibilities to conduct certain state activities. These councils are composed of members
from local governments and, since 1980, appointees by the Governor. The councils serve as
a data source for the local governments in their region and provide technical assistance to
local governments. The councils may help local governments gather water management
information and acquire grants to implement water management programs. The councils
also must develop strategic regional policy plans to provide guidance to themselves and local
governments for multi-jurisdictional matters, including management of regional bodies of
water and environmental resources of regional importance. These plans must be adopted by
rule and must be consistent with the State Comprehensive Plan. The strategic regional
policy plans are to be phased in by region beginning in March, 1995.


PUBLIC WORKSHOP DRAFT
OCTOBER 1994 9









The Governor's Land Use and Water Planning Task Force -- Charge

The 1993 Legislature, following a recommendation of the Environmental Land Management
Study Committee, established a Task Force with local, regional, and state government
membership, as well as the private sector, to recommend the appropriate relationship
between water management district plans, the growth management portion of the State
Comprehensive Plan, the strategic regional policy plans, and local government
comprehensive plans. Governor Chiles later added the status and purpose, if any, of the
State Water Use Plan, the State Transportation Plan, and the State Land Development Plan to
this list. In 1994, the Legislature asked the Task Force to consider how state water policy
should be developed and adopted.

The Governor's Land Use and Water Planning Task Force first met in December of 1993,
then monthly around the state, to solicit public participation as well as to see first hand the
variety of land use and water resource plans in the various regions of the state. Four
subcommittees served as forums for detailed discussions and development of
recommendations related to State Issues, Regional Issues, the Role of the Evaluation and
Appraisal Reports process as it relates to land and water planning, and Water Policy.


Focus of Task Force Recommendations

Recognizing that many pieces of the land planning/water planning are in place, if not yet
implemented or coordinated, the Task Force focused its efforts on several key areas:

1. Strengthening the gathering, interpretation and dissemination of water resources data
to all levels of government.
2. Placing emphasis on the use of this data by local governments.
3. Linking the strategic regional policy plans with the district water management plans
to ensure that important water resources are appropriately considered at a regional
level.
4. Developing better coordination between and integration of the state-level plans and
between state-level plans and regional and local plans.
5. Abolishing unneeded layers of plans.
6. Adding procedures for public participation and accountability.

Taken as a whole, the planning framework established through these recommendations will
allow for the adequate and timely development, interpretation, and dissemination of water
resource data, together with sufficient policy guidance from the state and regions.





PUBLIC WORKSHOP DRAFT
OCTOBER 1994 3









RECOMMENDATIONS FOR
STATE-LEVEL PLANNING


State Comprehensive Plan and Other State-Level Plans

Florida's integrated planning system is intended to ensure coordinated administration of
policies that address the multitude of issues posed by the state's continued growth and
development. These are the policies that must be administered by all levels of government.
The State Comprehensive Plan, adopted by the Legislature in 1985 as Chapter 187, Florida
Statutes, is and should remain the cornerstone of this integrated planning system. It should
set forth the goals that articulate Florida's desired future and provide clear policy guidance
to help Floridians realize those goals.

With respect to the issues of physical growth and development--land use, water, and
transportation--the Environmental Land Management Study Committee found that the State
Comprehensive Plan does not provide the necessary guidance to help local governments
with their local plans, nor does it provide guidance to state and regional agencies. The
Committee recommended in its 1992 Report, that the state should provide clear, concise
policy guidance and that the State Comprehensive Plan should be revised to contain
measurable objectives that the state intends to achieve within specified timeframes and to
which all levels of government should be held accountable to the extent practicable.

Subsequently, the Legislature, in 1993, directed that the State Comprehensive Plan be
revised to include objectives, and that a Growth Management Portion of the State
Comprehensive Plan be developed. The Legislature provided for the content of the Growth
Management Portion, which was to do a variety of things--such as provide strategic
guidance for state, regional and local actions necessary to implement the State
Comprehensive Plan; identify metropolitan and urban growth centers; identify areas of state
and regional environmental significance; provide guidelines for where urban growth is
appropriate and should be encouraged; establish priorities regarding coastal planning and
resource management; promote land acquisition; provide guidelines for state transportation
corridors, and much more.

We agree that the State Comprehensive Plan lacks this level of specificity. However, we
must be realistic in our expectations of the State Comprehensive Plan and the level of
detailed guidance it can provide. In adopting and amending the State Comprehensive Plan,
the Governor and Legislature must identify and balance a variety of issue areas, all of which
are critical to Florida. Although we believe that additional clarity in policy direction in the
implementation of the State Comprehensive Plan is necessary to provide guidance to state,
regional and local governments, we believe this can be done by improving the coordination
and integration of state agency-level plans that are required by statute--the State Land

PUBLIC WORKSHOP DRAFT
OCTOBER 1994 A









Development Plan, the Florida Transportation Plan, and the State Water Use Plan/Florida
Water Plan/State Water Policy.

Regarding objectives in the State Comprehensive Plan, the 1994 Legislature amended
Chapter 186, Florida Statutes, to require the Plan to contain benchmarks rather than
objectives. Again, we believe this is a reflection of what the State Comprehensive Plan can
realistically be and do. Benchmarks are high-level indicators that focus on statewide
outcomes and results using baseline data that define the state's current status. Benchmarks
may be used to assess the state's performance toward achieving the goals set in the State
Comprehensive Plan and may be used to compare the state's performance with national
performance levels or performance levels of other states. For reasons other than changing
"objectives" to "benchmarks," Governor Chiles vetoed the 1994 legislation. The Task Force
supports the concept of benchmarks as the most appropriate way to assess the state's
performance toward achieving its goals. We also believe that including benchmarks in the
State Comprehensive Plan will address the 1992 amendments to Florida's Constitution.
These amendments required a state planning document that sets forth statewide goals and a
biennial assessment of the state's progress toward these goals.

Recommendation 1

The State Comprehensive Plan should be designated by law as the "state planning
document" for the purposes of Article III, Section 19(h) of the Florida Constitution;
the State Comprehensive Plan should contain goals, policies and benchmarks; and the
Legislature should repeal the requirement for a Growth Management Portion of the
State Comprehensive Plan as currently set forth in section 186.009, Florida Statutes.


State-Level Planning Documents

In addition to adopting the State Comprehensive Plan which sets the overall policy guidance
for Florida, the Legislature, over the years, has required the development of more detailed,
state-level plans in three key areas: water, land, and transportation. Since the original
authorization, the Legislature has updated laws establishing the State Comprehensive Plan,
the strategic regional policy plans, and the Local Government Comprehensive Plans. In light
of these changes, it is now appropriate to examine the three state-level plans to determine
whether they serve a valid purpose and, if so, what their purpose is. In reviewing the plans
in light of the previous recommendation to repeal the Growth Management Portion of the
State Comprehensive Plan, we believe the three state-level plans could be enhanced and
better integrated into Florida's overall growth management planning program to provide
more detailed policy guidance than currently provided by the State Comprehensive Plan.




PUBLIC WORKSHOP DRAFT
OCTOBER 1994 F













These state-level plans should be subject to the same consistency and compatibility
requirements as the Legislature imposed on the strategic regional policy plans and the local
government comprehensive plans. The state-level plans should be consistent with the State
Comprehensive Plan and compatible with each other, and should be accompanied by a
process to ensure consistency and compatibility through public participation.


Recommendation 2


The water, land, and transportation plans should be consistent with the State
Comprehensive Plan and compatible with each other. Consistency and compatibility,
in this context, should follow the same definitions applied to local government
comprehensive plans pursuant to Chapter 163, Florida Statutes.


Figure 1


Proposed Recommendations for State-Level Plans


r----


State Comprehensive Plan
Chapter 187, Florida Statutes

Provides general long range policy guidance for the orderly social,
economic, and physical growth of the state, and serves as a policy
foundation that guides all other state, regional and local activities.


---
<---


4--


4


-~ Must be consistent with

------ Must be compatible with



PUBLIC WORKSHOP DRAFT
OCTOBER 1994


florida Land Plan
Section 380.031(17), Florida Statutes

* Provides more specific policy guidance and
strategies for actions necessary to implement
the State Comprehensive Plan with regard to
physical growth and development;
* Identifies resources and facilities of state
significance;
* Sets forth trends and conditions relating to
existing and future land use;
* Provides the basis for the state's review of
DRIs and DRI-sized developments, and FQDs;
* Provides guidance for regional policy
planning, intergovernmental coordination, and
areas of critical state concern.


\1 .


Florida Transportation Plan
Section 339.155(2), Florida Statutes

* Provides more specific policy guidance for state,
regional and local planning for road, rail, air, seaport,
transit, bicycle, pedestrian, and other transportation
facilities and services.
* Identifies and provides policies that address
transportation facilities of state significance.
* Addresses and implements federal transportation
requirements.



\sill


,Florida Water Plan
Section 373.036, Florida Statutes

* Provides more specific policy guidance,
implementation strategies, and schedules to identify and
address statewide priorities for water supply, flood
protection, water quality, and natural systems.
* Identifies and provides policies to protect, enhance or
improve statewide water resources, water areas, and
water restoration efforts.
* Delineates the roles of the Department of
Environmental Protection and the water management
districts in water resource planning and-implementation
activities.
* Used to determine consistency of district water
management plans with statewide policy direction.









Recommendation 3


The Legislature should revise section 186.022, Florida Statutes, to provide for a
consistency and compatibility review process for the water, land and transportation
plans. The process should require the Governor, as chief planning officer of Florida,
to determine whether these state-level plans are (I) consistent with the State
Comprehensive Plan, and (2) compatible with each other, and, if not, identify
changes necessary to meet these requirements. These processes should allow public
comment on draft plans and a means for administrative challenge of the Governor's
decisions.


Stmucture of the State-Level Plans

The water, land and transportation plans are not intended to create new policies or go
beyond the direction set by the Legislature through the State Comprehensive Plan and the
applicable state statutes. Rather, they are intended to implement the Legislature's policy
guidance. However, these plans form an important part of the state's direction for future
growth and development.

As envisioned by the Task Force, each of these state-level plans should contain an
assemblage of data and information. The plans will also contain internal agency operating
policies and timetables to assist the agency in improving its programs and in complying
with the goals and objectives adopted by the agency, as well as the policies which will guide
the agency and others in program decisions.

Recommendation 4

In developing the state-level plans, agencies should use the best available data. Once
included as the basis for the state-level plans, these data and information should be
used by all levels of government in the development of their statutorily required
plans unless those governments can demonstrate that their data is more accurate.

When the Legislature adopted the Local Government Comprehensive Planning Act in 1975,
it required that each local government adopt a local comprehensive plan, and stated that,
once adopted, the local government must make its growth decisions in a manner consistent
with its own plan. Lawyers and planners hailed this requirement as the strongest
consistency requirement in the country. In 1985, when the Act was substantially rewritten
and updated, the consistency requirement was retained and strengthened. The Legislature
gave affected persons specific rights to seek legal redress if the local government failed to
act consistently with its plan.



PUBLIC WORKSHOP DRAFT
OCTOBER 1994 7









Local governments, as well as many of the public, have complained that the State has taken
the position of 'do as I say, not as I do.' The Legislature should now require that state
agencies be subject to the same requirements as local governments. Also, affected persons
should have the ability to challenge a state agency decision relevant to the agency's plan
pursuant to Chapter 120, Florida Statutes.

Recommendation 5

The Legislature should require that agencies adopting a state-level plan must make
decisions in a manner which is consistent with the portions of their own plans
which are formally adopted. Affected persons should have an opportunity to seek
administrative review of decisions that are determined to be inconsistent with a
formally adopted plan.


Adoption of the State-Level Plans

The Task Force agrees that certain parts of these plans will contain the goals and policies an
agency will use as guidance in making its decisions and thereby affect persons outside of the
agency. Therefore, they have special significance to the public.

Recommendation 6

The parts of state-level plans which contain the goals and policies which the agency
will use as guidance in making its decisions and which will have a binding effect on
any other governmental entity or person should be adopted through a formal
process.

The Task Force also agrees that, as part of the formal adoption process, the Florida Land
Plan and the Florida Water Plan should be submitted to the Legislature for its review.
However, there are genuine differences of opinion among the members on the method of
legislative review. The following are the options the Task Force is considering. Comments
are especially welcome in this area.

Option A: Discretionary Legislative Review

1. The Legislature enacts legislation providing policy direction. This will include
the State Comprehensive Plan(and other substantive legislation
2. Each agency develops its plan, consistent with the legislative policy direction,
using procedures which promote public participation and involvement of
other state and regional agencies and local governments.
3. Each agency submits its plan for review to the Governor who will determine
mutual compatibility of the plans and the consistency of each plan with the

PUBLIC WORKSHOP DRAFT
OCTOBER 1994









State Comprehensive Plan. The Governor may direct the agencies to make
changes necessary to correct deficiencies.
4. Upon approval by the Governor, each agency proceeds to rulemaking
pursuant to the requirements of Chapter 120, Florida Statutes. Those rules, as
well as the determination of compatibility and consistency, would be subject
to public notice and legal challenge by substantially affected persons as set
out in Chapter 120, Florida Statutes. Any legal challenge would stay the
effectiveness of the rule pending the outcome of the challenge proceeding.
5. The final plans, including those portions adopted by rule, are submitted to the
Speaker of the House and the President of the Senate. At its discretion, the
Legislature may review the plans and amend the authorizing legislation to
give further direction to the agencies.

Option B: Required Legislative Review

1. The Legislature enacts legislation providing policy direction. This will include
the State Comprehensive Plan(and other substantive legislation)A
2. Each agency develops its plan, consistent with the legislative policy direction,
using procedures which promote public participation and involvement of
other state and regional agencies and local governments.
3. Each agency submits its plan for review to the Governor who will determine
mutual compatibility of the plans and the consistency of each plan with the
State Comprehensive Plan. The Governor may direct the agencies to make
necessary changes to correct deficiencies.
4. Upon approval by the Governor, each agency proceeds to rulemaking
pursuant to the requirements of Chapter 120, Florida Statutes. However,
rules do not become effective until after the Legislature has had an
opportunity to review the rules during its next regular legislative session.
Because the rules will be reviewed by the Legislature, they would not be
subject to the rule challenge proceedings otherwise available, pursuant to
Chapter 120, Florida Statutes, for challenging rules prior to their effective
date.
5. Upon receipt of the proposed state-level plans and implementing rules, the
Legislature reviews each plan and rule to assure that it complies with
legislative intent. If the Legislature finds that a plan is not satisfactory, it may
amend the authorizing legislation to give further direction to the agency.
6. If the Legislature takes no action, the plan, including the rules, will become
effective after the session. The rules, once they have taken effect, as well as
the determinations of compatibility and consistency, would be subject to
challenge by substantially affected persons as set out in Chapter 120, Florida
Statute. A legal challenge to the rule would not stay the effectiveness of the
rule.


PUBLIC WORKSHOP DRAFT
OCTOBER 1994 9









7. If the Legislature modifies the authorizing legislation to give further direction
to the agency, the agency shall alter its plan and amend its rules to conform
with the new legislative direction. The rules (as modified) included in the
plan, once they are in effect, as well as the determinations of compatibility
and consistency, would be subject to legal challenge by substantially affected
persons as set out in Chapter 120, Florida Statutes. A legal challenge to the
rule would not stay the effectiveness of the rule.

Option C: Required Legislative Adoption

1. The Legislature enacts legislation providing policy direction. This will include
the State Comprehensive Plan(and other substantive legislation.
2. Each agency develops its plan, consistent with the legislative policy direction,
using procedures which promote public participation and involvement of
other state and regional agencies and local governments.
3. Each agency submits its plan for review to the Governor who will determine
mutual compatibility of the plans and the consistency of each plan with the
State Comprehensive Plan. The Governor may direct the agencies to make
necessary changes to correct deficiencies.
4. Upon approval of the state-level plans by the Governor, the Governor submits
the plans to the Legislature for its consideration and adoption by law. If the
Legislature passes a bill adopting or adopting with modifications a state-level
plan, it becomes law as part of the Florida Statutes. If the Legislature does not
adopt a plan by law, there would be no state-level plan, other than the State
Comprehensive Plan, to guide the agency for that subject matter.
5. Because of the requirement for legislative adoption of a plan as law, the
agencies would not be required to adopt any portion of the plan by
administrative rule.


Florida Water Plan

In 1993, the Senate Natural Resources Committee reviewed water management policy and
planning activities. Its report highlighted the duplication in the many planning documents
that address the state's water resources. It found that goals and policies relating to water
are included in the State Comprehensive Plan, and are called for in the Growth
Management Portion of the State Comprehensive Plan. Chapter 373, Florida Statutes,
requires a State Water Use Plan, which exists, but which is not a meaningful policy
document because it is rarely used. Chapter 373 also calls for a Florida Water Plan which
consists of the State Water Use Plan and the state water quality standards, and authorizes
the Department of Environmental Protection to adopt the State Water Policy by rule
(currently, Chapter 62-40, Florida Administrative Code, formerly Chapter 17-40, Florida
Administrative Code).

PUBLIC WORKSHOP DRAFT
OCTOBER 1994 In









The Committee's report concluded that water planning efforts in Florida consist of several
documents "addressing water policy and strategy without a clear, universally understood
relationship between and among these documents." We concur with this conclusion. We
have looked for ways to simplify the water planning process without compromising its
effectiveness and providing greater coordination with land use planning.

Recommendation 7

The Legislature should revise sections 373.036 (1) and (2), Forida Statutes, to define
the Florida Water Plan as an integrated, coordinated plan prepared by the
Department of Environmental Protection and the water management districts, under
the direction of the Department of Environmental Protection, to implement their
water management responsibilities in partnership with other agencies, units of
government, and interested parties. The Plan should provide regional and statewide
priorities, implementation strategies, and schedules to meet the water needs of people
while maintaining, protecting, and improving the state's natural systems.

The provisions relating to the Department of Environmental Protection's development of the
"State Water Use Plan", sections 373.036(1) and (2), Florida Statutes, were adopted in 1972,
and do not recognize either the additional planning or data-gathering activities of the water
management districts which have developed since the enactment of growth management
legislation in 1984-85. Therefore, we recommend that the Florida Statutes require a single
state-level planning document, to be called the Florida Water Plan.

The Florida Water Plan should emphasize collaboration between the Department, the water
management districts, and other entities. It should help Florida meet the water needs of a
growing population while also preserving its unique natural environments.

Recommendation 8

The Florida Water Plan, at a minimum, should contain the following:

(1) Goals, benchmarks, policies, the identification of resource management issues,
implementation strategies, and schedules intended to support and implement
the State Comprehensive Plan, and other statutory goals and objectives, in
each of the following areas:
(a) water supply protection and management;
(b) flood protection and floodplain management;
(c) water quality protection and management; and
(d) natural systems protection and management.
(2) A twenty-year planning horizon consistent with the planning horizons of the
proposed district water management plans.
(3) The identification, pursuant to statutorily established criteria, of water

PUBLIC WORKSHOP DRAFT
OCTOBER 1994 11









resources, water areas, or water restoration efforts which are of state-wide
significance, together with related policies needed to protect, enhance or
improve such water resources, water areas, or water restoration efforts such
as Surface Water Improvement and Management Plans.
(4) Delineation of the roles of the Department of Environmental Protection and
the water management districts in water resource planning activities, and in
the implementation of the Florida Water Plan, recognizing the varying
resources available to and constraints on individual water management
districts.
(5) Procedures for intergovernmental coordination and public participation in
plan development.
(6) Other direction on the content of the Florida Water Plan as necessary or
desirable, including elements of the Florida Water Plan outlined in the
proposed State Water Policy (Chapter 62-40.510, Florida Administrative
Code).

The Florida Water Plan should be based on the best available data and analysis, and
should be updated every five years or more often as needed to conform with changes
in other planning documents or statutes. The Florida Water Plan and amendments to
the plan should be subject to the consistency and compatibility review requirements
described previously.


State Water Policy
(Chapter 62-40, Florida Administrative Code)

The state water policy rule is defined in Chapters 373 and 403, Florida Statutes, as the
policy adopted by the Department of Environmental Protection, pursuant to legislative
direction, setting forth goals, objectives and guidance for the development and review of
programs, rules, and plans relating to water resources. It is required to be consistent with
the State Comprehensive Plan.

The 1994 Legislature recognized that the waters of the state are among its most basic
resources, and should be managed to conserve and protect water resources and to realize
the full beneficial use of these resources. In order to provide for consistency between
growth management policy and water management policy, the Legislature directed the Task
Force to make recommendations on the mechanisms and procedures for establishing and
amending state water policy.

To date, only the Water Policy subcommittee of the Task Force has considered this issue.
We welcome suggestions from readers. Our final report to the Governor and Legislature
will include recommendations on the mechanisms and procedures for establishing and
amending state water policy.

PUBLIC WORKSHOP DRAFT
OCTOBER 1994 12









Florida Land Plan
(Currently, State Land Development Plan)

Section 380.031(17), Florida Statutes, provides the only guidance for the State Land
Development Plan, defining it as a "comprehensive statewide plan or any portion thereof
setting forth state land development policies." The plan, which is not currently adopted by
rule, translates selected State Comprehensive Plan goals and policies into agency-specific
objectives and operating policies. The plan establishes land use and development guidelines
for balancing economic prosperity with the protection and enhancement of Florida's natural
and historic resources, and provides a policy framework for state and regional agencies in
conducting their planning programs in a consistent, coordinated manner. The plan also
may be used in certain local and state decisions related to developments of regional impact.

The Department of Community Affairs, in its role as the state land planning agency,
develops the State Land Development Plan as an element of the integrated state
comprehensive planning process. Although Florida Statutes define the plan (section
380.031(17), Florida Statutes) and set forth a revision schedule (section 186.021(4), Florida
Statutes), the statutes contain little guidance on how the plan is to be developed and the
content of the plan.

Earlier in this report, we recognized the need for more specific state-level guidance relating
to physical growth and development, while recommending repeal of the Growth
Management Portion of the State Comprehensive Plan. We understand that the Growth
Management Portion of the State Comprehensive Plan was envisioned to provide this more
detailed, specific guidance. However, we believe that the State Land Development Plan can
be redesigned and enhanced to serve this purpose, together with the Florida Water Plan and
the Florida Transportation Plan.

While we believe that some of the items required to be included in the Growth Management
Portion of the State Comprehensive Plan are best suited to local plans and local directions,
we believe that there is one requirement that must be clearly articulated at the state level.
This requirement is the identification of state resources and facilities, including identification
of environmental resources of state significance. The state must identify those critical
resources to provide direction to strategic regional policy plans which are to identify
regional resources, and through the strategic regional policy plans, direction to local plans
for the intergovernmental coordination elements.









PUBLIC WORKSHOP DRAFT
OCTOBER 1994 T









Recommendation 9


The Legislature should create a new section within Chapter 186, Florida Statutes, to
specifically authorize the Department of Community Affairs, in its role as the state
land planning agency, to prepare a Florida Land Plan in coordination with the
Legislature, the appropriate state agencies, regional entities, local governments, and
the public. This Florida Land Plan should replace the current State Land
Development Plan. The Florida Land Plan should not include a land use map.

The Florida Land Plan should set forth and integrate state policy as it relates to the state's
physical growth and development. In the preparation of the plan, the state land planning
agency should rely on the expertise of state and regional agencies with jurisdiction
pertaining to the subjects addressed in the plan.

Recommendation 10

As to substantive content, the Legislature should direct that the Florida Land Plan:

(1) Provide guidance for actions necessary to implement the State
Comprehensive Plan with regard to the physical growth and
development of the state.
(2) Identify resources and facilities of state significance. Examples of
significant state resources and facilities include, but are not limited to,
international airports and deep-water seaports, the Florida Intrastate
Highway System, the Everglades, designated Surface Water
Improvement and Management Plan waters, certain military bases, and
state and federal lands acquired for recreation, natural resource
protection, or right-of-way protection.
(3) Set forth trends and conditions statements and benchmarks related to
existing and future land use.
(4) Contain goals, policies and implementation strategies for:
(a) encouraging economic development compatible with the
protection of Florida's natural environment;
(b) promoting energy-efficient communities;
(c) assuring adequate supplies of safe, affordable housing;
(d) protecting, enhancing and restoring Florida's natural, coastal
and marine resources;
(e) preserving Florida's historical and archeological heritage;
(I) assuring the appropriate use of land and efficient use and
provision of public facilities;
(g) protecting judicially acknowledged or constitutionally protected
private property rights;
(h) coordinating land development with the management of water

PUBLIC WORKSHOP DRAFT
OCTOBER 1994 ia









supplies and water quality; and
(i) mitigating the vulnerability of lives and property to disasters.
(5) Be based on a twenty-year planning horizon.
(6) Be updated every five years or more often as needed to conform with
changes in other planning documents or statutes. The Florida Land
Plan and amendments to the plan should be subject to the consistency
and compatibility review requirements described previously.

The Florida Land Plan should continue to play the role the current State Land Development
Plan does in the Development of Regional Impact and Florida Quality Development review
processes specified in sections 380.06(12)(a)1, 380.06(14)(a)7, 380.065(3)(b) and
380.07(3), Florida Statutes. In addition, the Plan should continue to act as the basis for the
Department of Community Affairs review of DRI-sized development approvals in
"terminated" jurisdictions beginning in 1997 and thereafter. The Florida Land Plan should
have all other roles now assigned to the State Land Development Plan--such as the Magnetic
Levitation Demonstration Project Act and Jobs Siting Act.

Recommendation 11

The Florida Land Plan should continue to be used for the review of Developments of
Regional Impacts and Forida Quality Developments, as well as in those other areas
as currently provided by law, and its use should be expanded to provide guidance
for regional policy planning, intergovernmental coordination, and areas of critical
state concern.

The strategic regional policy plans or plan amendments submitted for review
pursuant to section 186.508, Forida Statutes, should be consistent with the portion
of the Florida Land Plan adopted by rule. This consistency requirement is
recommended in addition to the existing requirement that the strategic regional
policy plans be consistent with the State Comprehensive Plan.


Florida Transportation Plan

The Florida Transportation Plan is one of the three state-level plans and must be consistent
with and further the goals and policies of the State Comprehensive Plan. To meet federal
and state requirements, the Florida Transportation Plan must (section 339.155(2), Florida
Statutes):

contain a long range plan, short range plan and a glossary;
establish the Department of Transportation's long range goals to be
accomplished over a twenty year period;


PUBLIC WORKSHOP DRAFT
OCTOBER 1994 1









define the relationship between long range goals and the short range (five to
ten years) objectives and policies to be implemented through the Department
of Transportation Work Program;
provide examples of projects or programs in the Work Program that achieve
short range objectives and policies;
be reconciled, to the maximum extent feasible, with the long range plans of
Metropolitan Planning Organizations (MPOs); and
provide an examination of transportation issues likely to arise in the ensuing
twenty years.

The Department of Transportation's long-range plan will be a comprehensive plan, with a
horizon of twenty years and will be updated every three to five years. The short-range plan
will be a strategic plan, with a five- to ten-year horizon. The short range plan will be
published annually and will serve as the Department's Agency Strategic Plan, required by
section 186.021, Florida Statutes. The Plan is intended to be a consensus plan developed
with input from all transportation planning entities, including Metropolitan Planning
Organizations, local governments, other state and regional agencies, and public and private
sector interests.

The planning and development of the Florida Transportation Plan has changed due to
passage of the federal Intermodal Surface Transportation Efficiency Act (ISTEA) in 1991, the
Florida ISTEA legislation (CS/SB 1328, 1993), and the state's ELMS III legislation (Chapter
93-206, Laws of Florida). ISTEA calls for a national transportation system that links all
forms of transportation, requires improved planning and programming, and provides
flexibility in using federal funds for transportation options. In addition, the 1993
Legislature required the Department of Transportation to provide stronger policy direction,
enhance public participation, and strengthen the link between state goals and policies, and
the Department's Work Program. This program is a list of transportation projects to be
carried out over a five year period.

Recommendation 12

The Florida Transportation Plan should be consistent with the State Comprehensive
Plan and compatible with the Florida Land Plan and the Florida Water Plan. The
Legislature should amend Chapter 186, Florida Statutes, and other appropriate
statutes, to ensure that the lorida Transportation Plan is required to undergo
"consistency" and "compatibility" review by the Executive Office of the Governor, and
is utilized in the review of the strategic regional policy plans and the district water
management plans.

Because the Florida Transportation Plan is developed to meet specific Federal requirements,
the Task Force does not recommend that the Florida Transportation be subject to Legislative
review.

PUBLIC WORKSHOP DRAFT
OCTOBER 1994 r









RECOMMENDATIONS FOR REGIONAL PLANNING

Florida has established a framework of regional agencies to help resolve issues which cross
local government boundaries. Water management districts, established in the mid-1970's,
have been entrusted with much of the responsibility for conservation, protection,
management and control of the State's waters. The water management districts administer
and enforce provisions of Chapter 373, Florida Statutes, including consumptive use
permitting, and the authority to determine, establish, control, and maintain the levels of all
waters of the state. The boundaries of the districts are based upon the state's hydrologic
boundaries. The districts are responsible for developing and implementing district water
management plans which will provide for an approach to water management based upon a
region's hydrologic needs and constraints.

Florida's eleven regional planning councils were created through local initiatives in the
1960s and 1970s. They have a number of locally determined roles. Additionally, through
state law they are responsible for interpreting and facilitating the implementation of the
goals and policies established in the State Comprehensive Plan at the regional level. The
councils have a vital role in Florida's planning process through the identification and
balance of regional issues. The councils act in an advisory capacity to their constituent local
governments in regional, metropolitan, county, and municipal planning matters. The
councils also provide technical assistance to local governments, perform a coordinating
function among other regional entities, conduct negotiations to resolve inconsistencies
between local and regional plans, and coordinate land development and transportation
policies, among other functions. Each council is responsible for the preparation of strategic
regional policy plans which establish regional goals and policies that address affordable
housing, economic development, emergency preparedness, natural resources of regional
significance, and regional transportation, and may address any other subject which relates
to the particular needs and circumstances of the region. The purpose of the strategic
regional policy plans is to implement and further the goals and policies of the State
Comprehensive Plan with regard to key subject areas and other components addressed in
the regional plans.

One criticism of the regional level agencies is the lack of formal coordination and
integration between the regional planning councils and water management districts
planning in the development and implementation of the respective regional plans. Informal
coordination and information exchange occurs between the councils and districts and with
local governments. Quarterly meetings between the executive directors of the councils and
the districts are conducted to better coordinate planning activities. Also, council staff will
often serve as committee members in the preparation and evaluation of Surface Water
Improvement and Management plans and water management district supply plans.
Similarly, districts often have representation on council committees and by statute serve as
ex-officio members on the councils, increasing the coordination and communication. The
councils and districts provide informal technical assistance to their member local

PUBLIC WORKSHOP DRAFT
OCTOBER 1994 17









governments in the form of floodplain mapping, model ordinances, needs and sources plans,
stormwater management master plans, geographic information systems, and much more. In
summary, the Task Force found that while there is no legal link between the strategic
regional policy plans and the district water management plans, there are many informal
linkages that allow for and promote coordination of land use and water planning.


District Water Management Plans

The five water management districts, in coordination with the Department of Environmental
Protection, are each developing comprehensive district water management plans, using a
uniform format and guidelines. These plans are intended to significantly improve statewide
capabilities for managing Florida's water resources. The purposes of these plans are:

to implement, further and accurately reflect the goals and policies of the State
Comprehensive Plan;
to provide long range guidance for the actions of the water management
districts in implementing their responsibilities pursuant to Chapters 373, 376
and 403, Florida Statutes;
to identify the basis for water management decisions through the
establishment of regional water management goals and policies;
to provide a regional and statewide perspective for the coordination of
governmental activities and the resolution of problems and issues relating to
water management;
to provide a compendium of water resource information to form the basis for
water management decisions;
to identify specific geographic areas where water resource problems or issues
exist; and,
to identify specific strategies for addressing statewide and regional water
resource issues or problems.

The district plans are to be completed by each district by November, 1994, and will be
incorporated into the Florida Water Plan. While much needed progress is being made in
this planning area, the statutes have not been amended to reflect the reality of how this is
being done.

Recommendation 13

The Legislature should revise Chapter 373, Florida Statutes, expressly providing for
district water management plans, and setting forth requirements for plan content,
adoption procedures, intergovernmental consultation, and public participation.



PUBLIC WORKSHOP DRAFT
OCTOBER 1994 r









Each district governing board should approve a district water management plan to
identify and manage regional water resources. District water management plans
should be consistent with the Florida Water Plan and compatible with the Florida
Land Plan and the Florida Transportation Plan.

After governing board approval of a district water management plan, the Department of
Environmental Protection should review the plan to determine whether it is consistent with
the Florida Water Plan. Concurrently, the Department of Transportation and the
Department of Community Affairs should review the district plan and provide comments to
the Department of Environmental Protection concerning the compatibility of the district plan
with the Florida Transportation Plan and the Florida Land Plan. It is anticipated that the
Department of Environmental Protection and the districts would work beforehand with the
Departments of Transportation and Community Affairs so that most, if not all, of the
incompatibilities may be corrected during the development of the district plans.

If the Department of Environmental Protection finds the district plan to be inconsistent with
the Florida Water Plan, the governing board either would incorporate the Department's
recommended changes or state in the plan the reasons for not adopting the changes. This
decision would constitute final agency action by the water management district, subject to
review under section 373.114, Florida Statutes. This review should be limited to the issue
of consistency.

Although the Department of Environmental Protection would determine consistency and
compatibility on behalf of the state agencies, should disputes or conflicts develop in the
Department of Environmental Protection's review, the Executive Office of the Governor
should have a dispute resolution role. If these disputes cannot be resolved through the
Executive Office of the Governor, either the Department of Community Affairs or the
Department of Transportation may appeal pursuant to section 373.114, Florida Statutes.

MR60 Recommendation 14

(~t ) The minimum contents of the district water management plans should be set out in
statute and, should include:

(1) Goals, benchmarks, policies, the identification of resource management issues,
implementation strategies and schedules (for each of the following areas),
intended to support and implement the State Comprehensive Plan, and other
statutory goals and objectives in each of the following areas:
(a) water supply protection and management;
(b) flood protection and management;
(c) water quality protection and management; and
(d) natural systems protection and management.
(2) A twenty-year planning horizon consistent with the planning horizon of the

PUBLIC WORKSHOP DRAFT
OCTOBER 1994 19









Forida Water Plan and other state-level plans.
(3) The identification, pursuant to statutorily established criteria, of water
resources, water areas, or water restoration efforts which are of regional
significance, together with related policies needed to protect, enhance or
improve such water resources, water areas, or water restoration efforts.
(4) Procedures for intergovernmental coordination and public participation in
plan development.

These content requirements are consistent with those previously recommended for the
Florida Water Plan.

Recommendation 15

Each district should be required, after the district plan has completed the review
process described above and is final, to adopt by rule those portions of the plan
which it intends will have a binding effect on any other governmental entity or
person. Applicable district rules in existence when a district plan becomes final
should be amended to be consistent with the rule-adopted portions of the plan
within one year of plan adoption.

The water management districts should comply with the goals and policies in those
portions of its plan which are adopted by rule when implementing agency programs
and adopting regulatory rules as otherwise authorized by law.

Each district shall assess its district plan's effectiveness, evaluate plan priorities, and
update its plan at least every five years, with the participation of other governmental
entities and the public. The district shall hold a public hearing prior to any
modifications to its district plan and should follow the same procedures as for the
adoption of the plan.

















PUBLIC WORKSHOP DRAFT
OCTOBER 1994 9n













Figure 2


Proposed Recommendations for the District Water Management Plans


State Comprehensive Plan
Chapter 187, Florida Statutes


Florida Land Plan
Section 3B0.031117), F.5.


Florida Water Plan
Section 373.036, F.S.


Section 339.155(2), F.S.


4L


0 Must be consistent with

------- Must be compatible with























PUBLIC WORKSHOP DRAFT
OCTOBER 1994


District Water Management Plans
Chapter 17-40.520, F.A.C.

* Provides specific policy guidance, implementation
strategies, and schedules to identify and address regional
priorities for water supply, flood protection, water quality.
and natural systems.
* Identifies and provides policies to protect, enhance or
improve regional water resources, water areas, and water
restoration efforts.
* Delineates the roles of the Department of
Environmental Protection and the water management
districts in water resource planning and implementation
activities.
* Provides best available data to strategic regional policy
plans and local comprehensive plans unless more
accurate, specific information is available.

\_____________-A


L


S--t


L


>-


T *>.









Regional Water Supply Authority Master Plans


The Legislature has provided that regional water supply authorities may be created to
develop, recover, store, and supply water for county and municipal purposes. Programs
developed by the authorities must give priority to reducing the adverse environmental
effects of excessive or improper withdrawal of water from concentrated areas. Currently,
regional water supply authorities are not formally integrated into our planning process.

Recommendation 16

All regional water supply authorities should be required to develop regional water
supply plans and adopt by rule those portions of the plans that would be binding on
other governmental entities or the public. These plans should be required to be
consistent with the rule-adopted portions of the relevant district water management
plans.

The Department of Environmental Protection should review regional water supply
Plans for consistency with the relevant district plans. If the Department of
Environmental Protection determines a regional water supply plan to be inconsistent
and cannot informally resolve such a finding with the regional water supply
authority, there should be available to the Department of Environmental Protection,
the applicable water management district, and any substantially affected person, an
appeal to the Florida Land and Water Adjudicatory Commission.

The Authorities should be required to comply with those portions of its plan which
are adopted by rule when implementing agency programs, as otherwise authorized
bylaw.

At least every five years, the regional water supply authority should prepare an
evaluation and appraisal report on its regional water supply plan, assessing the
successes and failures of the plan; addressing changes to the appropriate district plan
and other plans with which it must be consistent or compatible; and preparing and
adopting by rule amendments, revisions, or updates to the plan as needed.

There is no current statutory provision for a regional water supply plan. The Task Force is
continuing its discussion on this recommendation. We welcome any comments.









PUBLIC WORKSHOP DRAFT
OCTOBER 1994 99










Figure 3


Proposed Recommendations for Regional Water Supply Authority Master Plans


--- Must be consistent with
------- Must be compatible with

















PUBLIC WORKSHOP DRAFT
OCTOBER 1994









Strategic Regional Policy Plans


Regional planning organizations have existed since the early 1960s, when they could be
created through interlocal agreements. In 1980, the Legislature recognized the success of
these organizations and the need for this level of planning throughout the state, and
adopted the Florida Regional Planning Act. In 1993, the Legislature reaffirmed the role of
Florida's 11 regional planning councils, and recognized the councils as Florida's only
multipurpose regional entities that are in positions to plan for and coordinate
intergovernmental solutions to growth-related problems on greater-than-local issues.

Each council must develop a strategic regional policy plan that contains regional goals and
policies that address affordable housing, economic development, emergency preparedness,
natural resources of regional significance, and regional transportation. The plan must
identify key regional resources and facilities; document present conditions and trends;
forecast future conditions and trends based on expected growth patterns of the region; and
analyze the problems, needs, and opportunities associated with growth and development in
the region.

The strategic regional policy plan is a critical link to successful coordination of land and
water planning. In addition to the State Comprehensive Plan, the regional plan is the only
plan recognized by Florida law to provide guidance to the local plans and to determine the
consistency of local comprehensive plans. Water supply and resource protection are
fundamentally regional in nature. For these reasons, the regional plan is a logical and
appropriate place to link land use and water planning.

Recommendation 17

The strategic regional policy plans should be consistent with the State Comprehensive
Plan and the Florida Land Plan, consistent to the maximum extent feasible with the
Florida Transportation Plan (existing requirement), and compatible with the rule-
adopted portions of the Florida Water Plan. In addition, the strategic regional policy
plans should be compatible with the portions of the relevant district water
management plans that are adopted by rule. Consistency and compatibility should
be determined as part of the state review process conducted by the Executive Office
of the Governor.

Where a Strategic Regional Policy Plan is inconsistent or incompatible and the
inconsistency or incompatibility cannot be informally resolved, there should be
available to any appropriate governmental entity or any substantially affected person,
an appeal to the Administration Commission.




PUBLIC WORKSHOP DRAFT
OCTOBER 1994 9A













Currently, strategic regional policy plans are reviewed by the Executive Office of the
Governor for consistency with the State Comprehensive Plan. The Departments of
Community Affairs, Environmental Protection and Transportation, and the water
management districts should conduct the compatibility review of the strategic regional
policy plan with the Florida Land Plan, Florida Water Plan, Florida Transportation Plan, and
the district water management plans, respectively, as part of the Governor's Office review.
It is anticipated that any inconsistencies or incompatibilities between the regional planning
councils and the plans of the reviewing agencies would be resolved during the development
and review of the strategic regional policy plans. The agencies should submit their review
comments to the Governor's Office for transmittal to the regional planning councils as part
of the Governor's Office review.


Figure 4


Proposed Recommendations for the Strategic Regional Policy Plans


Florida Land Plan
Section 380.031(17),. F.S.


h, Florida Water Plan
Section 373.036. F.S.


Must be consistent with

-- Must be consistent with, to the maximum extent feasible

-----. Must be compatible with


PUBLIC WORKSHOP DRAFT
OCTOBER 1994


Strategic Regional Policy Plan
Section 186.607, Florida Statutes

* Provides long range guidance for the physical,
economic, and social development of the regions.
* Contains regional goals and policies which
address, at a minimum: (i) affordable housing, (ii)
economic development, (iii) emergency
preparedness, (iv) natural resources of regional
significance, and (v) regional transportation.
* Identifies and addresses significant regional
resources and facilities.
* Provides the basis for regional review of DRIs,
regional review of federally assisted projects, and
other regional comment functions.
* In addition to the State Comprehensive Plan,
used to determine consistency of local
comprehensive plans.



\________


District Water Management Plans
Chapter 62-40.620, F.A.C.

* Provides policy guidance, implementation strategies,
and schedules to identify and address regional priorities
for water supply, flood protection, water quality, and
natural systems.
* Identifies and provides policies to protect, enhance or
improve regional water resources, water areas, and water
restoration efforts.
* Provides beat available data to strategic regional policy
plans and local comprehensive plans.



\_


State Comprehensive Plan
Chapter 187, Florida Statutes I.



7V--- -


Ir


r`
''
''
''
''
''
''
''









Water Resources Data and Analysis for Strategic Regional Policy Plans


The Legislature has directed each regional planning council to adopt a strategic regional
policy plan setting out goals and policies concerning certain regional and multi-
jurisdictional issues and resources. Water management districts should provide the councils
with data and technical assistance to assure that the councils have as current and complete
information on water resources as possible.

4W 1t Recommendation 18

In order to assist the regional planning councils, the Legislature should require each
water management district to submit a report to each regional planning council
within its jurisdiction to be used in developing and subsequently amending strategic
regional policy plans. The mandatory elements of the reports should include:

(1) Recommended identification of natural systems of regional significance related
to water resources;
(2) Water supply information regarding facilities, identification of water use
caution areas, and recommended standards for water supply development;
(3) Recommended policies for protecting the natural resources of regional
significance identified above, and recommended policies to promote
conservation and protect aquifer recharge areas;
(4) An inventory of existing and proposed water management district facilities
and works of the district which are designed for water supply, flood
protection, water quality management, or natural systems and which should
be considered in regional or local government comprehensive planning efforts
in order to avoid conflicts and to coordinate efficient water management; and
(5) Clear delineation of which portions of the report have been adopted by rule
and will serve as a basis for the compatibility test previously described.

Additional recommended elements of the reports include:

(6) An identification of deficiencies in water management systems and facilities
which require consideration in regional or local government comprehensive
planning, including water management systems and facilities necessary for
water supply, flood protection, water quality management, and natural
systems protection.








PUBLIC WORKSHOP DRAFT
OCTOBER 1994 9f










(7) Planning standards which represent water resource planning constraints
relevant to regional or local government comprehensive planning such as
capacities (levels of service) of water management district flood control or
stormwater management facilities, water supply availability determinations,
pollutant load reduction goals, minimum flows and levels, reservation of
water for natural systems, or other adopted standards which may affect
regional or local government comprehensive planning

The Legislature has required that local comprehensive plans be based on the "best available
data". In addition, the Legislature has required that local comprehensive plans be consistent
with the applicable strategic regional policy plan. In order to assure that the various local
and regional plans are integrated with each other as much as possible, local governments
and the regional planning councils should rely on the same base of information in their
respective areas.

Recommendation 19

The Legislature should require that the regional planning councils use the data and
information provided by the water management districts as the best available data on
water resources and should rely upon that data and information in developing their
regional plans, unless more accurate, locally specific information is available.


























PUBLIC WORKSHOP DRAFT
OCTOBER 1994 97


%T--i
WA"\CA
(kc
tbiluft)














Figure 5



Proposed Recommendations for Regional Planning


.State Comprehensive Plan
P, Chapter 187. Forida Statutes




t- Florida Transportation Plan
S Section 339.15512). F.S.


Regional Water Supply
Authority Master Plans
(New Requirement)

The substance of these plans requires
further discussion.


SMust be consistent with


---- Must be consistent with, to the maximum extent feasible

------. Must be compatible with


















PUBLIC WORKSHOP DRAFT

OCTOBER 1994 28


Section 180.507, Florida Statutes


* Provides long range guidance for the physical,
economic, and social development of the regions.
* Contains regional goals and policies which
address, at a minimum: (i) affordable housing, (ii)
economic development, (iii) emergency
preparedness, (iv) natural resources of regional
significance, and (v) regional transportation.
* Identifies and addresses significant regional
resources and facilities.
* Provides the basis for regional review of DRIs,
regional review of federally assisted projects, and
other regional comment functions.
* In addition to the State Comprehensive Plan. used
to determine consistency of local comprehensive
plans.





K


Chapter 62-40.520, F.A.C.


* Provides specific policy guidance, implementation
strategies, and schedules to identify and address regional
priorities for water supply, flood protection, water quality,
and natural systems.
4 Identifies and provides policies to protect, enhance or
improve regional water resources, water areas, and water
restoration efforts.
* Provides best available date to strategic regional policy
plans and local comprehensive plans.



K










RECOMMENDATIONS FOR LOCAL PLANNING

The primary focus for local government planning for both water management and land use
is the local government comprehensive plan. State law requires local governments to
prepare and adopt a local plan that is consistent with the State Comprehensive Plan. These
local plans were first required in 1975 and the law was substantially expanded and updated
in 1985.

Today, local governments have adopted their plans under the new requirements and are
now preparing for the next step in the planning process--the five-year comprehensive plan
review, comprised of the Evaluation and Appraisal Report or EAR. In 1993, the Legislature
fleshed out the five-year review process and required a completely rewritten and greatly
expanded Intergovernmental Coordination Element for each local plan. Local governments
are now implementing these provisions.

Recommendation 20

As a result of the substantial requirements established for the local government
comprehensive plans as well as local governments' current efforts in preparing their
Evaluation and Appraisal Report and re-writing their Intergovernmental Coordination
Element, the Task Force believes that the Legislature should impose no additional
requirements for inclusion in the Local Comprehensive Plan at this time.

Many of the original comprehensive plans had inadequate data on water resources. Data
gathering and development has improved over the last few years. Today, the Florida
Geological Survey, state universities and, most importantly, the five water management
districts have more current and more extensive data available to assist local governments in
their local comprehensive planning process.

In addition to the requirements set out in the Local Government Comprehensive Planning
Act which require protection of water resources, Chapter 403, Florida Statutes, requires
local governments to plan for stormwater systems and to protect water resources from the
negative effects of stormwater. However, current local plans focus primarily on the
"hardware" of water delivery systems because the law requires that drinking water be
available to a new development when it is needed by that development. Other than
including general information in the data and analysis portion of the local plans, local
governments have given insufficient attention to the actual availability of a source of the
raw water.






PUBLIC WORKSHOP DRAFT
OCTOBER 1994 9









To broaden and deepen the planning process relating to water resources and their
integration with land use planning, local governments need more technical assistance--
especially from the water management districts. Water management districts must provide
technical assistance to local governments to support local government comprehensive
planning. This requirement (section 373.0391, Florida Statutes) directs the districts to
provide local government with a large list of water-related information. Other sections of
Chapter 373, Florida Statutes, require various technical reports including evaluations of the
availability of ground water and identification of recharge areas. The quality of these
reports affects the degree to which land and water planning are integrated.

Therefore, the water management districts should place a high priority on providing this
technical information to local governments, state agencies, regional planning councils, and
regional water supply authorities. In addition, this technical assistance will assist in
assuring that planning decisions at all levels are based on common data, to the extent it is
applicable to a particular area.

Recommendation 21

The Legislature should direct each water management district to develop a Water
Resources and Facilities Report in a format to be used by local governments in
developing their local comprehensive plan amendments and the five-year Evaluation
and Appraisal Reports.

The Water Resources and Facilities Report should contain, at a minimum:

(1) Provisions to protect, operate and maintain existing facilities and works of the
district and construction of planned facilities and works, including storm water
management, environmental restoration and water supply facilities;
(2) Resource planning constraints relevant to local government comprehensive
planning, including capacity of the district's flood control and stormwater
management facilities, water supply availability, water shortage areas and
areas of significant recharge;
(3) Surface water improvement and management plan provisions relevant to local
comprehensive plans;
(4) Technical data and information currently required to be developed under the
provisions of sections 373.0391 (Technical assistance to local governments)
and 373.0395 (Ground water basin resource availability inventory), Florida
Statutes;
(5) Citations to all data sources; and
(6) A determination of or methods for determining the estimated cost to local
governments to implement the rule-adopted portion of the district water
management plans and any other district requirements.


PUBLIC WORKSHOP DRAFT
OCTOBER 1994 30









The Legislature should further require that the Water Resources and Facilities Report
be consistent with the district water management plans, and that when the Report is
completed by a district, the district must incorporate the Report into the district
water management plan.

Recommendation 22

The Legislature should require that the water management districts prepare the
Water Resources and Facilities Report in a timely fashion to be available to as many
local governments as possible for use in the Evaluation and Appraisal Report process.

The Legislature has required that local comprehensive plans be based on the "best available
data." To assure that local comprehensive plans are integrated with each other as much as
possible local governments should rely on the same base of information in their respective
areas.

Recommendation 23

The Legislature should require the Department of Community Affairs, regional
planning councils and local governments to use the data and information in the
Water Resources and Facilities Report and the district water management plans as the
"best available data" in developing their respective plans unless more accurate,
specific information is available.

The Legislature should not require these agencies to follow the recommendation of
the Report or district water management plan which are based on the data and
information. However, these agencies should recognize that the districts will use the
data and information as well as the conclusions they draw from that data and
information as the basis of their water management decisions.

Additionally, the regional planning councils pursuant to section 186.505(22), Florida
Statutes, should conduct cross-acceptance reviews to identify inconsistencies between
local plans, and between local plans and regional plans, particularly as to the
availability and source of water supply to meet the future growth demands of the
region.

In addition to the requirements of the Local Comprehensive Planning Act, the Legislature
has required local governments to prepare and carry out stormwater management planning
and to coordinate these plans with the water management districts. Water management
districts should provide local governments with assistance in this area as well.





PUBLIC WORKSHOP DRAFT
OCTOBER 1994 31









Recommendation 24


As part of the five-year Evaluation and Appraisal Report process, the Department of
Community Affairs and local governments should better integrate in local
government comprehensive plans the requirements for local government to plan for
stormwater management as currently required by Chapters 373 and 403, Florida
Statutes.










































PUBLIC WORKSHOP DRAFT
OCTOBER 1994 .2










Figure 6


Proposed Recommendations for Local Planning


SMust be consistent with

--- Must be consistent with, to the maximum extent feasible







PUBLIC WORKSHOP DRAFT
OCTOBER 1994 ,?,


------- Must be compatible with

...................... Best Available Data



















APPENDIX


PUBLIC WORKSHOP DRAFT
OCTOBER 1994







STATE, REGIONAL, AND LOCAL GOVERNMENT PLANNING ACTIVITIES



TIMELINE*


1994 1995 1996 I 1997
NO DE JA FE MA AP MA JU JU AU SE OC NO DE JA FE MA APIMA JU JU AU SE OC NO DE JA FE MA AP MA JU JU AU SE OC

STATE ACTIVITY
...................................................................................................Tr. -- -----poration--an--Aopted-l lI . .-
Proposed Florida Transportation Plan (Adopted)
... .... .... ................................................. ........................-- -- ---- .....
Proposed Florida Land Plan --- -- -- ----- -
Florida Water Plan (DRAFT)............................................... -- -
Legislature's Consideration of Task Force
Recommendations
Proosed State Comprehensive Plan Revisions
.. ..... ...... ...... ... ................ ....... ...........................

REGIONAL ACTIVITY
...................................................................................................... ... ..
Proposed District Water Management Plans -
.................................................. ................................................
South Florida & Southwest Florida Draft Strategic
Regional Policy Plans (SRPPs)
............... ....... ................... .......................... .._._. .. .
Withlacoochee Draft SRPP
.................................... .............................................................
Tampa Bay Draft SRPP
Treasure Coast Draft SRPP ......... ................
East Central & North Central Draft SRPPs
Apalachee & West Florida Draft SRPPs
Northeast Florida Draft SRPP
.................................................................................................... l
Central Florida Draft SRPP


LOCAL ACTIVITY**
Draft EARs for South Local Governments
Draft EARs for Southwest Local Governments
Draft EARs for Withlacoochee Local Governments
Draft EARs for Tampa Bay Local Governments
Draft EARs for Treasure Coast Local Governments
Draft EARs for East Central & North Central
Local Governments
Draft EARs for West Florida Local Governments
Draft EARs for Apalachee Local Governments
Draft EARs for Northeast Florida Local Governments
'Draft EARs for Central Florida Local Governments

*These date reflect current requirements. The Task Force will continue to discuss the implications of these dates in reference to the proposed recommnunendations
**EAR dates reflect earliest submission by local governments within the region.




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