Title: Proposed Recommendations from the Regional and State Issues Subcommittees
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004384/00001
 Material Information
Title: Proposed Recommendations from the Regional and State Issues Subcommittees
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Proposed Recommendations from the Regional and State Issues Subcommittees (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 25
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004384
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



Jake Van
OFFICE OF THE GOVERNOR Workig Copy

GROWTH MANAGEMENT AND STRATEGIC POLICY PLANNING UNIT
2105, THE CAPITOL
TALLAHASSEE, FLORIDA 32399-0001

Memorandum


To: Land Use and Water Planning Task Force members
From: Teresa Tinker REE VED
; *f 0 1994
Subject: Proposed Recommendations Carlton Fields Tallahassee
J'-ob D. Va
Date: July 20, 1994


Please find enclosed the proposed recommendations from the Regional and State Issues
subcommittees. These recommendations will be discussed at Friday's meeting. See you in
Hollywood.











Proposed Recommendations


Regional Issues Subcommittee Members


Jake Varn, Chair
Attorney, Carlton Fields

Commissioner Dennis Moss, Vice Chair
Member, South Florida Regional Planning Council

Denise Prescod
Member, St. Johns Water Management District

Jane Walker
Environmental Interest

Richard Hamann
University of Florida Center for Government Responsibility

Jack Malloy
Attorney, A. Duda and Sons, Inc.











PROPOSED RECOMMENDATIONS


1. With respect to the Strategic Regional Policy Plans (SRPPs),
we determined that the existing linkages to the state level
plans (i.e., the State Comprehensive Plans and various DOT,
DCA and DEP plans) were adequate. However, in the event
that an SRPP is inconsistent with State Comprehensive Plan
or in conflict with a state agency plan, we recommend that
the OPB, the affected state agencies, any affected local
government or any substantially affected person have the
right to appeal the adoption of the SRPP.to the Governor and
Cabinet sitting as the Administration Commission. The
linkage between the SRPPs and local governments is also
adequate.

2. The SRPPs are not to conflict with the District Water
Management Plans (DWMPs) or the Regional Water Supply Plans
(RWSPs).

3. With respect to the DWMPs, we agreed that the DWMPs of the
future will be different than the DWMPs currently being
prepared. We recommend that DWMPs be expressly provided for
in Chapter 373, Florida Statutes, and that the minimal
contents. of the DWMPs be set out in the statute. DWMPs are
to be prepared to be consistent with the State Comprehensive
Plan and the appropriate DEP plan (i.e., State Water Policy
or Florida Water Plan). The DWMPs are to be adopted as
rules pursuant to Chapter 120, Florida Statutes. DEP as
part of its general supervisory authority shall review all
DWMPs and if it determines that a SWMP is consistent with
the State Comprehensive Plan, the DEP Water Policy or
Florida Water Plan, an appeal shall be filed with the
Florida Land and Water Adjudicatory Commission. In its
review DEP should also review the DWMP to ensure that it is
compatible with the State Transportation Plan and State Land
Development Plan. Once the DWMP is adopted, all future
rules of the water management district are to be consistent
with the DWMP. The water management districts are to
provide technical assistance to local governments as
provided in Chapter 373, Florida Statutes, and this
technical assistance is not to be construed to be a rule.
Technical assistance and advise is not required to be
approved pursuant to Chapter 120, Florida Statutes.





Y3566e0.1



E'd bdUM a131 W0118U3 WWU0:0t V6, ST 7in









4. All regional water supply authorities shall adopt Regional
Water Supply Plans (RWSPs). RWSPs shall be adopted as rules
and are to be compatible with the DWMPs and consistent with
the State Comprehensive Plan, the State Water Policy and the
Florida Water Plan. DEP shall review all RWSPs for
compatibility and consistency. If DEP determines said plan
to be inconsistent or incompatible, an appeal shall be filed
with FLWAC.

5. For a local government that is a member of a regional water
supply authority, the local government comprehensive plan is
to be compatible with the RWSP.

6. The district water management planning and regional water
supply planning processes shall be continuous and on-going
processes. Each water management district and regional
water supply.authority shall prepare an evaluation and
appraisal report on their respective plans (DWMPs and RWSPs)
at least once every five (5) years; assess the successes or
failures of the plan; address changes to the state
comprehensive plan and other plans with which it must be
consistent or compatible; and prepare and adopt by rule
amendments, revisions or updates to the plan as needed.

7. The Governor and Cabinet, sitting as either the
Administration Commission or the Florida Land and Water
Adjudicatory Commission, shall be the appellate body for
appeals involving the consistency or compatibility of SRPPs,
DWMPs, RWSPs, amendments thereto and rules. Any
substantially affected person may appeal the adoption of a
SRPP, DWMP, RWSPs, amendments thereto or rules on the
grounds that the SRPPs, DWMPs, RWSPs, amendments thereto or
rules are inconsistent or incompatible.


















35i640.1


Gab6M c131J NOI11UD WUSO:OT v6, 8T inr











Proposed Recommendations

State Issues Subcommittee Members



David Orshefsky, Chair
Attorney, Environmental and Land Use Law

David Powell, Vice Chair
Attorney, Hopping Boyd Green and Sams

Bob Romig
Department of Transportation

Dennis Harmon
Department of Commerce

Pam McVety
Department of Environmental Protection









RECOMMENDATIONS OF THE
STATE ISSUES SUBCOMMITTEE
LAND USE AND WATER PLANNING TASK FORCE


STATE WATER USE PLANNING

Reorganize existing water resource planning authority and responsibilities to:

'* Recognize the current regional focus of water resource planning;

* Provide authority for, and direction in, the preparation of a consolidated "Florida Water
Plan" (FWP) by DEP;

* Provide for linkages between the FWP and other planning documents; and

* Provide procedures for the development and review of the "Florida Water Plan."


STATUTORY AND STRUCTURAL RECOMMENDATIONS

A. Repeal the existing provisions of 373.036 (2), F.S. 1993, which provide the elements
to be considered in the development of the State Water Use Plan, as duplicative of the
existing Water Management District efforts to regionally address ground water
inventories, needs and sources analyses, minimum flows and levels, and technical
assistance to local governments pursuant to 373.0391, 373.0395, 373.0397, and
373.4042.

(See also recommendation D).

B. Create a new section 373.036(2) to specifically authorize DEP's development of a
consolidated "Florida Water Plan" (FWP), and to provide legislative direction as to the
content and effect of the FWP. This legislation should:

Provide specific statutory authority for DEP's preparation of the FWP, in
coordination with the WMDs and other appropriate entities.

Provide that the FWP be structured to contain goals, benchmarks, and policies
intended to support and implement the plan's goals and objectives.

Provide that the FWP should address water management goals and responsibilities,
including at a minimum: water supply protection and management; flood
protection and management; water quality protection and management; and natural
systems protection and management.








Provide additional statutory direction as to the minimum content of the FWP,
including:

A requirement that the FWP provide for a 20 year planning horizon, in
order to be consistent with the planning horizons of WDMPs and for
long-term local government land use planning

A requirement for geographic identification in the FWP, pursuant to
statutorily established criteria, of water resource areas or restoration
efforts which are of state-wide significance, if any, together with related
policies needed to protect or support such areas, efforts, or policies

Delineation of the roles of DEP and the WMDs in water resource planning
and management activities and the implementation of the FWP,
recognizing the varying resources available to the individual WMDs

Such other direction as to the content of the FWP as may be necessary or
desirable, including for example, those elements of the FWP outlined in
proposed Chap 17-40.510 (copy attached)

Provide that components of the FWP which are to have a binding effect upon
other entities shall be adopted by rule.

This requirement should, at a minimum, require the adoption by rule of the
FWP's geographically identified water resource areas and restoration efforts
determined to be of state-wide significance, if any, together with related policies.

Provide that the plan must be based on, and be consistent with, the best available
data and analysis, although such data and analysis need not be incorporated in the
plan so long as they are identified and available to the public.

Continue the existing statutory obligation providing for the biennial updating of
the FWP, timed to be consistent with the updating of the SCP and, if possible the
Evaluation and Appraisal schedule for local comprehensive plans.

C. Repeal existing 373.039, F.S. 1993, which provides for the current content of the
"Florida Water Plan", revise other statutory provisions to delete references to the "State
Water Use Plan" (e.g. references contained in 373.036(1) and 186. 021(4)), and revise
373.026 (10) to amend references to the "state water policy" to read "state water policy
rule".








D. Consolidate the WMD planning and data gathering obligations pursuant to 373.0395,
ground water basin inventories, 373.0397, aquifer mapping, and 373.042, minimum flows
and levels into a single provision authorizing and requiring the development of Water
Management District Plans, with a focus, at a minimum, of providing short- and
long-term water availability information suitable for local government comprehensive and
future land use planning.

E. Create an additional subsection within 186.022, relating to "consistency" review of
"agency strategic plans", to expressly provide for the consistency review of the three
state-level plans -- the Florida Water Plan, the State Land Development Plan, and the
Florida Transportation Plan -- by the Executive Office of the Governor (EOG).

Revise 186.022 (3) (5), inclusive, to broaden the availability of the existing EOG
review, and the appeal mechanism to the Administration Commission, to expressly
include the three state-level plans.

PROCEDURAL RECOMMENDATION

F. Formal Procedure -- Review by EOG -- Appeal to Admin. Commission -- Adoption by
Rule

Create a new section in Chap. 186 which provides for a formal procedure for the
review of the three state-level plans -- the Florida Water Plan, the State Land
Development Plan, and the Florida Transportation Plan .

This procedure should provide for:

Formal review and comment procedures for the three participating
agencies -- DEP, DCA, and FDOT -- to review, and comment on, the
applicable state-level plan following drafting by the responsible agency.
Comments should be focused on making the three state-level plans
"compatible" with each other.

Comments from the reviewing agencies would then be addressed in public
workshops on the plan, with the workshop results to be incorporated prior
to finalization of the plan and its transmittal to the Executive Office of the
Governor (EOG) for consistency review.

State Comprehensive Plan "consistency" review by the EOG, with an appeal to
the Administration Commission would proceed pursuant to 186.022 (3) (5),
inclusive, as amended by Recommendation E, above.








Following State Comprehensive Plan "consistency" review pursuant to
186.022(3), and "compatibility" review pursuant to 186.022 (5) (see also
"Linkage" discussion below), appropriate portions of the state-level plans would
adopted by rule pursuant to the plan's organic statute -- Chap 373, for the Florida
Water Plan, Chap. 380, for the State Land Development Plan, and Chap. 339, for
the Florida Transportation Plan.

In addition, it should be statutorily required that, within three years of the
adoption by DCA and DEP of rules implementing the applicable portions of the
State Land Development Plan and Florida Water Plan, DCA, DEP and EOG shall
jointly prepare a consolidated Land and Water Plan.

LINKAGE RECOMMENDATIONS

Below are the recommendations concerning proposed linkages between the Florida Water Plan
(FWP) and various other planning documents. Recommendations are organized by the level of
government effected.

Each recommendation below will be structured to identify:

Linkage Plan -- the document which is to provide the referent against which the
referenced plan is to be measured pursuant to the recommended standard

Reviewing Agency -- the agency undertaking the review of the plan pursuant to the
standard

Enforcement/Sanction -- the sanction, if any, recommended for failure to meet the
established standard

Standard -- the standard to be used by the reviewing agency in its review of referenced
plan, including:

"Consistency" -- defined as in 163.3177 (10(a), meaning "compatible with" and
"furthers" the contents and policies of the Linkage Plan

"Compatible with" -- defined as in 163.3177 (10(a), meaning "not in conflict
with" the Linkage Plan.

The distinction between "consistency" and "compatibility" is that in the instance
of "compatibility" the plan under review is not required to "further", or serve to
support the accomplishment of the Linkage Plan.









"Best Available Data" -- referring to the concept contained in DCA's Rule 9J-5,
FAC, which requires a local government to consider the referenced data as the
best available in the preparation of its comprehensive plan pursuant to Chap. 163
requirements.

G. State-Level Plans (FWP. SLDP. and FTP) /State Comp. Plan


Linkage Plan:

Standard:

Reviewing Agency:


H. State level Plan/


State-Level P)


Linkage Plans:

Standard:

Reviewing Agency:

I. Florida Water Plan and


Linkage Plans:


Standard:

Reviewing Agency:

J. Florida Water Plan


Linkage Plan:

Standard:


S ate Comprehensive Plan

" consistency"


)G and Admin Commission per Chap. 186, as amended
r Recommendation E

ans (FWP. SLDP. and FTP)


Other two state-level plans


EPG per 186.02(5), as amended by Recommendation E


Distrid


t Water Management Plans


State Comprehensive Plan
Florida Water Plan


" consistency"


DEP


and Local C-omnrehen~ive Pkans


opted Portions of Florida Water Plan only


"Compatibility"


Reviewing Agency:


DCA, as part of the existing Chapter ,163 compliance
process. "Incompatibility" with the adopted portions of the
FWP shall not be the sole basis for a DCA finding that a
local comprehensive plan is "not in compliance."


.ns .. 1 and. ..


Disri1 Wte Maagmen Pan


and Local Comnrehensive Plans


"Compatibility"









STATE LAND USE PLANNING


Provide statutory authorization and guidance for the development of the State Land Development
Plan by:

Providing authority for, and direction in, the preparation of the State Land
Development Plan (SLDP) by DCA;

Providing procedures for the development and review of the SLDP; and

Providing for linkages between the SLDP and other planning documents.

STATUTORY AND STRUCTURAL RECOMMENDATIONS

K. Create a new section within Chapter 380, F.S. to specifically authorize DCA's
development of the State Land Development Plan (SLDP), and to provide legislative
direction as to the content and effect of the SLDP. This legislation should:

Provide specific statutory authority for DCA's preparation of the SLDP

Provide that the SLDP be structured to contain goals, benchmarks, and policies
intended to support and implement the plan's goals and objectives.

Provide statutory direction as to the content of the SLDP, including:

A requirement that the SLDP provide for a long term planning horizon,
in order to be consistent with the planning horizons of WDMPs and for
long-term local government land use planning

A requirement for the SLDP to contain, at a minimum, goals, benchmarks
and policies addressing the land use implications of: (i) affordable housing;
(ii) economic development; (iii) emergency preparedness; (iv) identified
natural resources of state-wide significance; and (v) identified state-wide
transportation issues.

Such other direction as to the content of the SLDP as may be necessary or
desirable, including for example, those elements listed as components of the
Growth Management Portion of the State Comprehensive Plan in 186.009(2)
(copy attached).

Provide statutory requirements as to which components of the SLDP are to be
adopted by rule so as to have a binding effect upon other entities, including use
of the adopted portions of the SLDP in DCA's review of local comprehensive
plans.










This requirement should limit those portions of the SLDP to be adopted by rule
for the purposes of DCA's review of local government comprehensive plans to the
five mandated issue areas: (i) affordable housing; (ii) economic development;
(iii) emergency preparedness; (iv) identified natural resources of state-wide
significance; and (v) identified state-wide transportation issues, together with
related policies.

Provide that the plans must be based on and consistent with the best available data
and analysis, although such data and analysis need not be incorporated in the plan
so long as they are identified and available to the public.

Provide for the biennial updating of the SLDP, timed to be consistent with the
updating of the SCP and, if possible the Evaluation and Appraisal schedule for
local comprehensive plans.

Provide that the SLDP should continue to be used in the review of DRIs, and
provide that the adopted portion of the SLDP may be used by DCA to review
plans or permits under the following:

Job Siting Act
Military Base Reuse Plans
Campus Master Plans
Natural Gas Transmission Pipeline Siting
Electrical Power Plant Siting Act
Ten Year Power Plant Siting Plans
Transmission Line Siting Act
Statewide Multipurpose Haz. Waste Facility Siting Act
Commercial Low-Level Radioactive Waste Mgt. Fac. Siting
Florida High-Speed Rail Transportation Act
Magnetic Leviatation Demonstration Project
Correctional Facility Siting

PROCEDURAL RECOMMENDATIONS

Recommendations concerning the procedure for the development and adoption of the SLDP are
the same as those presented above as Recommendation F.









LINKAGE RECOMMENDATIONS


Linkages between the SLDP and: (i) the State Comprehensive Plan, and (ii) the other
state-level plan are recommended to be the same as those outlined above as "Linkages G
and H", respectively. Please see p. 4 5.

L. State Land Development Plan and District Water Management Plans

The linkage between the District Water Management Plans (DWMP) and the State Land
Development Plan is recommended to be as follows:


Linkage Plan:

Standard:

Reviewing Agency:


State Land Development Plan

"Compatibility"

DCA, as part of DEP's review of the DWMPs


M. State Land Development Plan and Strategic Regional Policy Plans


Linkage Plan:

Standard:

Reviewing Agency:


State Land Development Plan

"Compatibility"

DCA, as part of the EOG review of RPPs pursuant to Rule
27E-5, FAC


N. State Land Development Plan and Local Comprehensive Plans

The linkage between Local Government Comprehensive Plans and the SLDP is
recommended to be as follows:


Linkage Plan:

Standard:

Reviewing Agency:


Adopted Portions of SLDP only

"Compatibility"

DCA, as part of the existing Chapter 163 compliance
process. "Incompatibility" with the SLDP shall not be the
sole gound upon which a local comprehensive plan may be
found "not in compliance."









STATE TRANSPORTATION PLANNING


Strengthen existing linkages between the Florida Transportation Plan and local government and
Metropolitan Planning Organization planning activities by:

Recognizing the revised framework of transportation planning under federal
requirements;

Provide for linkages between the Florida Transportation Plan (FTP)

Provide procedures for the review of the "Florida Transportation Plan"

STATUTORY AND STRUCTURAL RECOMMENDATIONS

None

[Although not repeated here, the elements of Recommendation "E" above, relating to revisions
to Chapter 186 to provide for "consistency" and "compatibility" review, are equally applicable
here to the procures required for reviewing the FTP]


LINKAGE RECOMMENDATIONS


The linkage recommendations below, follow the format established above. See pp.. 4 5.

Linkages between the FTP and: (i) the State Comprehensive Plan, and (ii) the other state-level
plan are recommended to be the same as those outlined above as "Linkages G and H",
respectively.

O. Florida Transportation Plan and District Water Management Plans

The linkage between the District Water Management Plans (DWMP) and the Florida
Transportation Plan is recommended to be as follows:


Linkage Plan:

Standard:

Reviewing Agency:


Florida Transporation Plan

"Compatibility"

FDOT, as part of DEP's review of the DWMPs






9








P. Florida Transportation Plan and Strategic Regional Policy Plans

The linkage between the Strategic Regional Policy Plans (RPPs) and the FTP is
recommended to be as follows:

Linkage Plan: Florida Transporation Plan

Standard: "Compatibility"

Reviewing Agency: FDOT, as part of the EOG review of RPPs pursuant to
Rule 27E-5, FAC

Q. Florida Transportation Plan and Local Comprehensive Plans

The linkage between Local Government Comprehensive Plans and the FTP is
recommended to be as follows:

Linkage Plan: Florida Transportation Plan

Standard: "Best Available Data"

Reviewing Agency: DCA, as part of the existing Chapter 163 compliance
process









STATE COMPREHENSIVE PLAN


* The SCP shall be designated by law as the "state planning document" for purposes
of Article III, section 19(h), Florida Constitution. The plan should be renamed
the State Plan.

* The State Plan should be revised to include benchmarks to measure the state's
progress toward meting state goals as set forth in the plan. Benchmarks should
be high-level indicators that focus on statewide outcomes and results using baseline
data that define the state's current status.

* The Legislature should repeal the requirement for a separate growth management
portion of the State Plan as set forth in section 186.009, F.S.

* The process for biennial review and revision of the State Plan in section 186.008,
F.S., should be retained.

* In any legislation addressing the State Plan, the Legislature should take special
care not to create questions about the current legitimacy or role of the plan in
Florida's growth management programs.




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