Title: Summary of Growth Management Act of 1985
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Title: Summary of Growth Management Act of 1985
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Abstract: Jake Varn Collection - Summary of Growth Management Act of 1985 (JDV Box 90)
General Note: Box 24, Folder 1 ( Governmental Rules, Regulations, Legislation and Administrative Laws - 1996 ), Item 6
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SUMMARY OF
GROWTH MANAGEMENT ACT OF 1985


July 12, 1985








GROWTH MANAGEMENT ACT OF 1985


Attached is a summary of the recently enacted Growth Management
Act of 1985. Basically, the Act is a series of amendments to the
Local Government Comprehensive Planning Act, Beach and Shore
Preservation Act, Development of Regional Impact, and minor
revisions to other statutes.

The most important changes which involve comprehensive planning
include the following:

The comprehensive plan has to be resubmitted incorporating
numerous new requirements.

The state has greater review and approval powers over the
quality of local comprehensive plans, to include the
withholding of federal funds.

The plan will have to be expanded to include an extensive
coastal management element, a detailed 5-year capital im-
provements elements, considerable treatment of historically
significant properties, measurable land use goals, objec-
tives, and policies, and an expanded conservation element.

The growth management aspect of comprehensive planning was
dramatically strengthened by the requirement that local
governments are prohibited from issuing development permits
if the activity would result in a reduction in the existing
level of public services.

The land use of annexed areas can now be changed through the
normal land use planning process without waiting two years.

The high speed rail project is exempt from local comprehen-
sive plans.

Procedural changes include twice a year plan amendments; one
year to update comprehensive plans following the adoption of
the 5-year evaluation and appraisal reports; one year to
bring land regulations into conformance with the comprehen-
sive plan; and the compilation of all land development regu-
lations into a single code.

The act made several significant changes to the development of
regional impact regulations. Some of the most important changes
include the following:

Numerous changes were made to the statewide thresholds for
DRIs and substantial deviations and new thresholds were
added.

Localities can petition for local variances in the statewide
thresholds by as much as 50%.

Development orders must include start up and completion
dates.










No DRI contributions can be exacted without an equivalent
requirement for non-DRI developments.

S Local governments can apply for certification to conduct DRI
reviews at the local level without state and regional
reviews.

The process was significantly streamlined by the addition of
the three following provisions:

"Preliminary Development Agreements" between the state
and the developer can be entered into allowing the
developer to proceed with 25% of the proposed
development prior the DRI review process commencing.

The developer can obtain a "Conceptual Agency Review"
which is an early determination on the issuance of state
permits which can be initiated in advance of the DRI
review process.

Certain developments that exceed 80% of the DRI thres-
holds can be submitted for status as a "Florida's
Quality Development" and, if approved, would be exempt
from the DRI requirements.

The act strengthens DCA's powers by authorizing the issuance
of administrative proceedings to obtain developer compliance
with any development orders.

The summary that follows provides a detailed listing of the
changes brought about by the Growth Management Act. However, be-
cause of the necessity to generalize, this report cannot serve as
a substitute for a serious review of the act.

The summary is arranged in the same order as it appears in the
act. You will find that some provisions in the act are redundant,
reflecting a redundancy within the legislation.


I










CONTENTS


Pagm

Introduction .........................................


I. Local Government Comprehensive Planning Act.......... 1


II. Beach and Shore Preservation Act..................... 8


III. Land and Water Management Act, Coastal
Planning and Management........................... 10


IV. Local Option Tourist Development Act.................. 10


V. Land and Water Management Act, Environmental Land
and Water Management (DRI)......................... 10












SUMMARY OF
GROWTH MANAGEMENT ACT OF 1985
(HB 287)

/ j I. Amendment to Local Government Comprehensive Planning Act of
1975 Chapter 163. 3161, F.S.

1. Short title changed to "Local Government Comprehensive
Planning and Land Development Regulation Act".
163.3161(1)

/ 2. The Department of Community Affairs (DCA) will be
publishing a schedule for the submission of local
government comprehensive plans in April or May, 1986
according to the Bob Kessler with DCA. The act
authorizes DCA to schedule counties as early as July 1,
1987, municipalities within the coastal zone of the
state as early as December 1, 1988, and municipalities
outside of the coastal zone as early as January 1, 1989.
Tampa is included in the category of coastal municipali-
ties. 163.3167(2)

3. There is a state general fund appropriation of $2.3
million for funding the update of local comprehensive
'plans. According to Bob Kessler none of these funds
will go to municipalities, only counties. 163.3167(2)

/ 4. If the local comprehensive plan has not been revised as
required, the regional planning agency (as opposed to
the County 163.3167(4)) must amend the plan and shall
have certain powers as if it were the governing body
relative to plan adoption. Direct costs incurred may be
paid by the State Comptroller from tax sharing funds due
such local government. 163.3167(4)

3 5. Nothing in the Growth Management Act shall modify any
development already authorized as a DRI or by local
development order and for which development has started
and is "continuing in good faith." 163.3167(9)

) 6. The high-speed rail act shall not be supercede by local
government comprehensive plans. 163.3167(11)

2 7. Upon joint agreement with the County, a municipality can
include unincorporated areas in its boundaries for the
purpose of the comprehensive plan. The act, however,
does not establish this as a prerequiste for annexa-
tion. 163.3171(1)

/ 8. The government body may (a.) designate itself as the
"local planning agency", (b.) designate a single land
planning agency, or (c.) designate more than one
planning agency and assign responsibilities for various
components of the plan between the agencies. If a joint
planning agency is in existence, that entity shall be
the agency for those local governments. 163.3174(1)&(?)









9. The Hillsborough County Comprehensive Planning Act of
1975, Chapter 75-390 Laws of Florida, and Chapter
78-523, Laws of Florida establish HCCCPC as the joint
local planing agency for the four units of local
government in Hillsborough County.

/ 7 10. The comprehensive plan must contain a capital
improvements element that meets several criteria
outlined in the act, i.e., planning principles,
schedule, general location, revenue sources, accept-
able levels of service, etc. Because of the Service
Level Analysis process that is in place, Tampa should be
able to meet this requirement more easily than most
cities and counties. 163.3177(3)(a)

/ 11. Certain modifications to the capital improvements
element (except new projects) shall not be deemed
amendments to the comprehensive plan; changes can be
accomplished by ordinance. (Further rule making by DCA
is expected.) 163.3177(3) (b)

I/ 12. All public facility expenditures must be consistent with
the capital improvements element. 163.3177(3)(b)
(Note: Priority ranking of capital expenditures was
deleted as a requirement.)

13.'A land use map(s) is now required as a part of the land
use element. The element must have measurable goals,
objectives, and policies and include explicit policy for
the elimination of non-conforming uses. The land use
plan must address the need for the redevelopment of
blighted areas and the elimination of non-conforming
uses. The adopted, as well as, the proposed land use
plan for Tampa is not stated in measurable terms. (This
requirement is subject to further clarification by DCA.)
163.3177(6) (a)

14. Historic districts and historically significant
properties must be depicted on the land use map. The
act does not provide a definition of or specify a stan-
dard for "historical." 163.3177(6)(a)

15. Additional requirements are prescribed for the
conservation element: inclusion of water recharge
areas, wetlands, waterwells, bays, and marine habitat.
163.3177(6)(d). (Note: This could be costly if current
information is not readily available.)

16. Ten-year water needs and supply must be included in the
conservation element. 163.3177(6)(d)

2 17. Additional information must be included as a part of the
future land use map: wellfields and cones of influence;
beaches, shores and estuarine systems; rivers, bays,
lakes, flood plains and harbors; wetlands; and minerals









and soils. 163.3177(6)(d) (Note: This could be costly
if current information not readily available.)

S 18. The housing element must specifically address the
"structural and aesthetic" improvements of existing
housing. 163.3177(6)(f)3.

19. The identification of "historically significant" housing
is required as an additional component of the housing
element. 163.3177(6)(f)5.

20. Coastal zone protection element was retitled "Coastal
Management Element." 163.3177(6)(g)

S' 21. Coastal management element (CME) must set forth policies
and objectives for the protection of viable population
of marine life, as well as wildlife. 163.3177(6)(g)2.

2 22. CME must set policy to limit public expenditures in
high-hazard coastal areas. 163.3177(6)(g)7.

23. CME must include protection against effects of natural
disasters. 163.3177(6)(g)8.

24. Policies must be included within CME for the orderly
development of certain ports for deep-water commercial
"use. 163.3177(6)(g)9.

25. CME must address the preservation of historic and
archaeological resources. 163.3177(6)(g)10.

26. By February 15, 1986, DCA shall adopt by rule minimum
criteria for determining compliance of local
comprehensive plans with this act. Rules must be
submitted to both houses of the state legislature to
accept, modify or reject. Unfortunately, there will be
a one year delay for rulemaking before local governments
know precisely what they need to undertake to obtain
state certification of their local comprehensive plans.
163.3177(9)

S 27. Criteria mentioned above shall include:

a. compliance with amended act.
b. internal consistency between elements.
c. consistency with state and regional plans.
d. meeting:CME requirements.
e. procedure for evaluating implementation and the
inclusion of measurable objectives within the
comprehensive plan.
f. policies that eliminate inconsistent decisions.
g. inclusion of implementation programs.
h. procedures for coordination of all intergovern-
mental development activities. 163.3177(9)(h)










2f-? 7 28. The act specifies an extensive list of requirements for
the coastal management element. The following
summarizes some of the salient points:

a. extensive coastal land use, wetlands, vegetative
communities, undeveloped areas, flood areas, access
routes to beaches, and historic preservation
areas.

b. future land use plan to include an analysis of
environmental, socioeconomic, and fiscal impacts.

c. an analysis of drainage systems, pollution, and
regulatory programs.

d. hazard mitigation and population evacuation.

e. beach and dune protection.

f. a redevelopment component that controls future
reuse opportunities.

g. a component which identifies public access to
beaches and identifies the need for water-related
facilities, such as marinas.

h. designation of high hazard areas.

i. assurances that public facilities will be in place
to coincide with the demand for services.

j. regulatory and management techniques to mitigate
and control development activities.

k. a comprehensive master plan for deep-water ports.
163.3178(2)

(Note: There is considerable duplication between the
coastal management element and other elements of
the comprehensive plan.)

S? 29. Expansions and maintenance of port harbors are no longer
considered to be developments of regional impact (DRI)
when activities are consistent with the comprehensive
master plans mentioned above. 163.3178(3) Also refer
to page 16, paragraph 40.a.5.)

S-- 30. The procedure for state and regional review of local
comprehensive plans and subsequent amendments was
modified. Changes to comprehensive plans must be
transmitted at least 90 days prior to adoption versus
the current 60-day requirement. The number of copies to
be transmitted was increased from 1 to 5. 163.3184(1)









2 31. The regional review of local plans must be confined to
regional policies as developed in the regional plan.
163.3184(2)

32. Definition established for "affected person" that
includes persons owning or residing on property or
owning or operating a business within the jurisdiction
and shall have submitted objections during the local
review and adoption proceedings. 163.3184(3)(a)

?,- 33. A procedure is defined by which the state land planning
agency (DCA) determines if the local comprehensive plan
is in compliance and sets forth an appeal procedure to
the Administration Commission. 163.3184(4)-(7)(b)

34. If a local government does not comply with remedial
action as specified by state agencies, the act empowers
the Administration Commission to eliminate or reduce
state funding in the following areas:

a. state agency funds to increase capacity of roads,
bridges, and water and sewer systems.

b. Florida Small Cities Community Development funds.
(not applicable to Tampa)

"c. Florida Recreation Development Assistance Program.

d. Five revenue sharing sources (motor fuel, cigarette
tax, half cent sales tax, tangible personal
property and erosion control trust fund) to the
extent not already pledged to pay back bonds.
163.3184(8)(a)&(b)

3J 35. Penalty can be imposed on the initiator of an appeal if
the basis for the action is determined to be for an im-
proper purpose, such as to harass, cause delay or for
economic advantage, frivolous purpose, or for needless
increase in the cost of litigation. 163.3184(9)

36. DCA has three months after it receives a plan or an
amendment to review it for compliance. 163.3184(11)

37. All amendments to the comprehensive plan, including land
uses involving less than 5 per cent of the total land
area, shall be by majority vote of the membership of the
governing body. However, unless repealed or amended,
the Hillsborough County Local Government Comprehensive
Planning Act of 1975 still requires 6 out of 7 votes of
City Council to make small-area land use amendments.
163.3184(15)

38. Amendments to comprehensive plans are limited to not
more than two times during any calendar year. The local
land planning agency should develop appropriate local









procedures with City Council in the near future since
this provision goes into effect October 1, 1985.
163.3187(1)

39. There are two exceptions to the twice-a-year rule:

a. Plan amendments directly related to a proposed
development of regional impact application can be
considered simultaneously and without regard to any
state or local limitations on the frequency of
amendments to the comprehensive plan. 163.3187(1)

b. Emergency amendments, provided the emergency amend-
ment receives the approval of all members of City
council. 163.3187(1)

B3 40. Another copy of the current comprehensive plan must to
be sent to the state land planning agency by December 1,
1985. 163.3187(2)

-7 41. It is mandatory that the evaluation and appraisal re-
port (EAR) suggest changes needed to update the
comprehensive plan. Prior to the new act this
requirement was not stated in mandatory language.
163.3191(4)

LP 42. All updates required as a result of the EAR, must be
accomplished within one year from the date of adoption
of the EAR, except as mentioned below in paragraph 43.
The EAR report recently prepared by HCCCPC and adopted
by City Council incorporated a five-year schedule for
updating the Tampa 2000 Plan. 163.3191(4)

i// 43. A provision was included that allows for a delay of the
current EAR schedule to coincide with the date that a
local unit of government is required to resubmit its up-
dated comprehensive plan. 163.3191(5)

/.. 44. A schedule must be adopted by the local government for
bringing all land development regulations into
conformance with the comprehensive plan. (See paragraph
48.) 163.3194(1)(b)

Va 45. During the interim period while conformance of land
development regulations is being achieved, the
comprehensive plan shall govern regarding development
order actions. 163.3194(1)(b) (Note: This provision
could cause considerable confusion when viewed in terms
of the recommendations mentioned below in paragraph
51.

d2 46. All land development regulations shall be submitted to
the local land planning agency or a separate land
development regulation commission, or to both, for
review and recommendation two months prior to adoption.
163.3194(2) (a)









? 47. The existing comprehensive plan shall have force and
effect until a new plan is adopted. While the City's
existing plan is in effect, its land development
regulations, including zoning, would prevail over the
plan until a new plan is enacted under the new statute
at which time the plan will control until zoning regula-
tions are updated. 163.3197

a/ 48. The act allows only one year to bring land development
regulations into conformance with the comprehensive
plan. 163.3202(1)

AJ 49. Land development regulations, among other things, must
include the regulation of water and adjacent land uses,
signage, on-site traffic flow, and well fields.
163.3202(2)

50. No development order or permit may be issued which
results in a reduction in the level of service provided
by local government. The service must be available at
the time it is needed. It is probable that the level of
service provision will be subject to future litigation.
163.3202(2)(g)

/> 51. The act encourages the use of land development
regulations such as transfer of development rights,
"incentive and inclusionary zoning, impact fees, and
performance zoning. 163.3202(3)

U, 52. If the state land planning agency believes the local
government has failed to adopt one or more of these
regulations (paragraph 51) it may institute action in
circuit court to require adoption of these regula-
tions. 163.3202(4)

53. The state land planning agency shall prepare rules for
reviewing local land development regulations by February
15, 1987 for approval by the Legislature. 163.3202(5)

54. All land development regulations are to be compiled into
a single land development code. 163.3202(3)
Previously, this was a local option provision.
163.3194(2) (b)

4/-' 55. Current definition of "land development regulation"
[163.3194(2)(b)] was amended to specifically include the
regulation of landscaping, tree protection, and sign
regulation and to delete zoning maps and zoning or
rezoning actions. 163.3213(2)(b)

*'- 56. Substantially affected persons have 12 months after
adoption to challenge a land development regulation as
being inconsistent with the local comprehensive plan.
163.3213(3) The initiation of a review to determine if
a land development regulation is inconsistent with the









local comprehensive plan shall not affect the validity
of the regulation or a development order issued pursuant
to the regulation. 163.3213(9)

S'. 57. If the hearing officer believes the challenge was
interposed to harass, cause undue delay, or for
frivolous purposes, the petitioner may be ordered
to pay expenses of the other party. 163.3213(8)

58. An aggrieved or adversely affected party can file a
complaint challenging the consistency of a development
order action with the comprehensive plan if filed within
30 days after the alleged action has been taken.
163.3215(4)

59. Same penalties for frivolous challenges to development
orders as mentioned above in paragraph 57 for challenges
to land development regulations. 163.3215(6) No set-
tlement shall be entered into by the local government
unless the terms of the settlement have been the subject
of a properly noticed public hearing. 163.3215(7)

S 60. Repeals Part II, County and Municipal Planning for
Future Development, Section 163.160-.315 and .3207, F.S.
The legislative intent was to establish necessary powers
for local government officials to carry out
-comprehensive planning and land development regulation
under sections 163.3161-.3215, F.S.

:i 61. The Florida Interlocal Cooperation Act of 1969 was
amended to allow separate legal entities wholly owned by
local governments to exercise all powers in connection
with the sale of bonds for capital projects.
163.01(7)(d)

62. A municipality no longer has to wait two years before it
can change the land regulations of an annexed area.
171.062(2)

63. Rules must be approved by the state legislature for the
state review of regional policy plans. The procedure
which involved the Florida Land and Water Adjudicatory
Commission was deleted. 186.508

A 64. A 12-member committee shall be appointed by the Governor
to study the advantages of implementing a system of
substate districts with coterminous jurisdictional
boundaries for state agencies and programs. A final
report shall be submitted to the Governor and the
Legislature by December 31, 1986. 186.508(1)

65. The act reinstitutes required coordination of planning
between school boards and local government, a provision
that has a sunset date of July 15, 1985. The provision
was expanded to require that such planning consider the









effects on central city viability and redevelopment,
efficient use of infrastructure, urban sprawl, and
consistency with local government capital improvement
plans. 235.193(1)&(4)


II. Amendments to Beach and Shore Preservation Act, Chapter 161,

F.S.

161.053 .054

1 The public hearing required when establishing a coastal
construction control line (CCCL) shall be held in the
affected county. 163.053(2)

2. No coastal construction control line shall be set until
a public hearing is held by the Governor and
Cabinet. 163.053(2)

3. The hearing shall be noticed in the Florida Administra-
tive Weekly. 163.053(2)

4. Any CCCL that has not been updated since June 3, 1980,
shall be re-established by DNR by June 30, 1989.
163.053(3) (See paragraph 7 below)

5. Adds definition for "frontal dune" and "seasonal high-
water line." 163.053(6)(a)l.&2.

6. Calls for rule to be established to determine seasonal
high-water line based on 30-year erosional calculations.
163.053(6)(b) (See paragraph 7 below)

7. After October 1, 1985, no permits for structures other
than for erosion control can be issued for a location
that would be seaward of the seasonal high-water line
within 30 years or landward of the CCCL. 163.053(6)(b)
According to Ralph Clark, Director of the Division of
Beaches and Shores, Department of Natural Resources, the
Department of Community Affairs has classified Tampa as
a coastal community, which was confirmed by Bob Kessler,
DCA. DNR has not established coastal construction con-
trol lines or erosion control lines nor does it intend
to establish such lines in Tampa. This suggests that a
reconsideration of Tampa's designation as a coastal
community is in order.

8. Establishes 4 conditions for which single-family
dwellings may be permitted: plotted prior to this
amendment, no alternative adjacent land, landward of
frontal dune structure, and as far landward on the
parcel as possible. 163.053(6)(c)









/ 9. DNR shall report status of programs annually to the
Legislature. 163.053(6)(e)

10. Separate offense for each day violation continues versus
each month. 163.053(8)

11. DNR may issue a permit to rebuild or repair under
certain conditions: if within confines of original
foundation, continues to be seaward of 30-year erosion
projection line, no rebuilding options, adequacy of

design, and decision does not become precedential for
issuance of subsequent permits. 163.053(12)

12. DNR may establish fees to cover cost of issuing permits.
163.0535

13. Applicability of the penalty provision was expanded to
apply to "firm, corporation, or governmental agency."
161.054(1) & (2)

161.52-.58 Created and cited as "Coastal Zone Protection Act of
1985."

14. Effective March 1, 1986, minimum structural construction
standards.(Standard Building Code) must be met for
'construction in the "coastal building zone" and be
elevated to resist the effects of a 100-year storm.
161.55(1)(a)&(f)

S,15. All sewage treatment plants, public water supply systems
and underground utilities must be flood proofed. Accord-
ing to the Director of Sanitary Sewers this requirement
will not be a problem for the City of Tampa. 161.55(3)

16. Established coastal public access across private
property shall be protected. 161.55(6)

17. Each local government with a coastal zone in its
territory shall adopt and enforce a building code by
March 1, 1986 that meets the requirement of this act.
161.56(1)

18. Vehicular traffic on coastal beaches is prohibited ex-
cept where a local governing body authorizes vehicular
traffic by a three-fifths vote. 161.58(2)


III. Amendments to Land and Water Management Act, Chapter 380,
F.S., Part II, Coastal Planning and Management

1. No state funds shall be used to construct access to
coastal barrier islands effective the date of this act.
380.27(1)










2. Once an approved coastal management element has
been adopted, state projects consistent with the
element can be funded. 380.27(2)


IV. Amendment to the Local Option Tourist Development Act,
Chapter 125, F.S.

- 1. A county imposing the tourist development tax is
authorized to use the tax revenues to finance beach
improvement, maintenance, renourishment, and erosion
control, up to 50 percent of the revenues derived from
the tax. 125.0104(5)(a)4.&(5)(b)


V. Amendments to Land and Water Management Act, Chapter 380,
F.S., Part I Environmental Land and Water Management

1. A development that is at or below 80 percent of a
threshold shall not be required to undergo development-
of-regional-impact review. 380.06(2)(d)l.a.

2. A development that is at or above 120 percent of a
threshold shall be required to undergo a DRI review.
380.06(2)(d)l.b.

3. 'A binding letter of interpretation (BLI) may be required
by the state planning agency or local government for
development between 80 and 120 percent of a threshold.
380.06(2)(d)2.a.&b.

4. Local government, the state land planning agency, or the
regional planning agency may petition the Administration
Commission (Governor and the Cabinet) to recommend for
legislative approval variations at the local level of up
to a 50 percent increase or decrease of the new
statewide thresholds. (Note: This provision is subject
to further rulemaking by the Administration Commission.)
380.06(3)(c)&(d)

5. Any local government can petition the state land
planning agency to require a BLI for a development
located in an adjacent jurisdiction. 380.06(4)(c)

6. A binding letter determining that a development is not a
DRI shall expire within three years if construction has
not substantially commenced. 380.06(4)(g)

7. Comprehensive plan amendments related to the review of a
DRI application can be considered concurrently by a
local government. Statutory or local laws limiting the
number of local plan amendments allowed each year shall
not apply to amendments related to DRIs. (See page 6,
paragraph 39.) 380.06(6)(b)










8. Subject to all other governmental approvals, a developer
may enter into a Preliminary Development Agreement with
the state land planning agency to proceed with 25
percent of the proposed DRI development prior to the
issuance of a final development order. If it is in the
best interest of state and local government, the 25 per-
cent limit can be exceeded (by an unspecified amount).
380.06(8)(a)5. Several miscellaneous conditions are
also set forth pertaining to filing deadlines, availa-
bility of public services, liability, disclosure, and
land recordation. 380.06(8)(a)1.-10.

9. In order to facilitate the planning and preparation of
state permit applications, a developer may elect to
request a "conceptual agency review" to determine if the
proposed project complies with permitting rules of
various state agencies. Rules for this procedure must
be established by state agencies by July 1, 1986.
Approvals constitute final agency action and approval
shall be valid for up to 10 years. 380.06(9)

10. Upon receipt of notice of sufficiency of information
from the regional planning agency, the local government
must notify the state planning agency and any other per-
sons designated by the state planning agency.
380.06(11)(c)

11. The act specifies that the development order shall
establish compliance dates for commencing and concluding
the development. 380.06(15)(c)2.

12. The developer must also be given a date for which the
approved DRI will not be subject to down-zoning or
intensity reduction. 380.06(15)(c)3.

13. Developer contributions must meet certain criteria
(basically the current "Dunedin Rule" requirements).
380.06(15)(d)

14. Effective July 1, 1986, local governments cannot require
DRI developer contributions unless all other develop-
ments contribute proportionately to any impact it rea-
sonably creates. 380.06(15)(e)1.

) 15. Local government shall not approve a DRI that does not
make adequate provision on the part of the developer or
local government for public facilities needed to service
the proposed development. 380.06(15)(e)2.

16. The act authorizes the state land planning agency to
record a notice of adoption of any agreement entered
into, pursuant to entering into Preliminary Development
Agreements as mentioned above in paragraph 8.
380.06(15) (f)2.









17. Local government cannot collect both a DRI contribution
and an impact fee or other exaction to meet the same
need. The development order contribution must be
credited towards an impact fee assessment.
380.06(16)(a)&(b)

18. Local government may enter into capital front-ending
agreements with the developer. 380.06(16)(c)

19. The provision in the DRI act that established levels up
to which changes would not be considered substantial
deviations was changed extensively:

a. The list of six specific criteria was changed from
being stated in terms of a presumption that the
change did not constitute a substantial deviation
to criteria stating that the change did constitute
a substantial deviation if met or exceed. Within
these new standards, a DRI review is required
without the necessity for a finding of same by
local government. 380.06(19)(b)


- b.








S c.


The original list of criteria was expanded. Speci-
fic thresholds were added for attraction or
recreational facilities, aviation facilities,
hospitals, industrial development, mining, office
development, chemical storage, marinas, commercial
development, hotels/motels, recreational vehicle
parks, mixed projects, external trip generation,
land changes, preservation areas, and extension of
a completion date. 380.06(19)(a)-(c)

The thresholds for large scale office and commer-
cial development were liberalized while the thres-
holds for residential development and open space
were tightened. 380.06(19)(b)6.,10.,9.,&13.


20. The state land planning agency is required to establish
by rule standard forms for developers to use for the
submittal of proposed changes to an approved DRI.
380.06(19)(f)

S.." ,.21. The act establishes a procedures for determining whether
changes to approved DRIs are substantial deviations.
380.06(19)(d)-(h)
'"' 22. The rights of developers are not changed by this act if
the developer has taken action in reliance on prior
regulations and the authorization was issued prior to
July 1, 1983. 380.06(20)

2,, 23. The rights of developers for development approved
between August 1, 1967 and July 1, 1973 and for which no
reliant action has been taken can still vest those
rights by filing a written notification by January 1,


/<


/ ;i









1986 which will extend the developer's rights to June
30, 1990. If notification requirements are not met,
then vested rights expire June 30, 1986. 380.06(20)(a)

24. When determining whether a proposed change to an
approved DRI is a substantial deviation, the thresholds
are doubled for the purpose of developments within the
boundaries of a downtown DRI district. 380.06(22)(c)

25. The act authorizes the state land planning agency to
designate types of development or areas suitable for
development in which reduced information requirements
shall apply for DRI reviews. 380.06(23)(a)

26. Sports facility complex property owned by a public body
prior to July 1, 1983 remains exempt from the DRI pro-
visions. 380.06(24)(c)3.

37 27. The areawide DRI section was amended to make mandatory
the submission of an areawide development plan along
with the current requirements for other information.
380.06(25)(a)

i/ 28. The act sets forth minimum requirements that an areawide
development plan shall address: boundaries, identify at
least two development projects, land use, phasing,
'coordinated capital improvements program, land
restrictions, and designation of responsibilities.
380.06(25)(a)1.

29. If a local government initiates an areawide DRI, it must
conduct a public hearing and must determine that the
planning areas meet all requirements and are in the
public interest before preparing an application.
380.06(25)(d)

30. If the developer of an areawide DRI is a local
government and the land area does not involve mining,
then property owner consent is not required and the
option of a property owner to withdraw from the areawide
DRI does not apply. 380.06(25)(m)

31. The act creates a newly recognized type of development -
Florida's Quality Developments (FQD). Basically it
exempts developments which are "above 80 percent of any
numerical thresholds" from DRI review requirements and
substitutes a different set of application requirements,
provided that state, regional and local reviewing
entities agree to such designation. 380.061(2)-(4)

32. The three reviewing entities have 90 days to review the
project for designation as a Florida's Quality
Development. 380.061(5)(a)

33. If the developer is not designated a FQD, the developer
may appeal to the 7-8 member Quality Development Review










Board. The Board, which will meet quarterly, consists
of representation from DCA, DER, FGFWFC, DNR, Division
of Archives, History and Records Management of
Department of State, WMD, RPC, and local government.
380.061(6)(a)&(b)

'r7 : 34. On appeal, an affirmative vote of at least five members
is required, including the affirmative vote of the chief
executive officer of the local government. The negative
vote of local government is an overriding veto.
380.06(6)(c)

35. Procedural rules for appeals are to be adopted by the
state land planning agency. 380.06(6)(d)

36. The act creates a certification program whereby local
governments can apply to be certified to review DRIs.
If certified, the provisions of Chapter 380.06 (DRI)
shall not apply to that jurisdiction. 380.065(1)

'*' '2 37. Certification shall be decided by the Administration
Commission based on criteria relative to the following
factors:

a. adoption and effective implementation of a local
comprehensive plan and development regulations.

b. consistency with state and regional plans.

c. capital improvements program and an adequate-
public-facilities requirement.

d. effective mechanism for resolving regional impact
issues.

e. effective method of resolving conflict with
adjacent local governments.

f. procedures for citizen participation.

g. adequate procedures, finances, and staff to assume
responsibilities.

h. record of effectively monitoring and enforcing
compliance. 380.065(2)-(2)(h)

38. If a local government loses its certification, the
regional planning agency will assume review
responsibilities in which the local government is
located. This provision is subject to further
rulemaking by the Administration Commission.
380.065(5)

39. A county may petition to review DRIs within a
municipality but it requires approval of the
municipality. 380.065(7)









40. The statewide guidelines and standards (thresholds) for
developments required to undergo DRI review were
changed.

a. Changes to thresholds:

SJ 1.) miscellaneous changes to airport projects.
380.0651(3)(a)

'5 .'- 2.) pari-mutuel facilities were added to the
threshold for attractions and recreation
facilities. 380.0651(3)(b)

*,[ 3.) the standard for industrial plants and
industrial parks was tightened. The 2,500
parking space standard was reduced to 1,500
and the one square mile (640 acres) standard
was reduced to 320 acres. 380.0651(3)(c)

5 4.) office parks threshold was amended to libera-
lize the standard of 300,000 square feet to
600,000 square feet in counties with a
population of 500,000 or greater and in which
the local comprehensive plan has designated
the area as suitable for increased intensity.
380.0651(3)(d)

' t-7 5.) the port facility standard was liberalized
from a 100 slip standard to a standard that
requires DRI review, if the development has
(a) more than 100 wet moorings, (b) 150 dry
storage spaces, (c) 300 wet or dry spaces in
locations designated on the state marina
siting plan, or (d) 300 spaces, if in opera-
tion prior to July 1, 1985. (Refer to page 4,
paragraph 29.) 380.0651(3)(e)

6.) the shopping centers standard was amended so
that it pertains to any retail, service, or
wholesale development and not just development
projects configured as shopping centers or
trade centers. 380.0651(3)(f)

b. The following standards, which are presently
included in Chapter 27F-2, Florida Administrative
Code, remain in effect and continue to be subject
to the requirements of Chapter 380, F.S. (pursuant
to interpretation of language in 380.06(2)(a)):

1.) Electrical Generating Facilities
2.) Hospitals
3.) Mining Operations
4.) Petroleum Storage Facilities
5.) Residential Developments
6.) Schools









./ The thresholds as contained in Chapter 27F-2,
Florida Administrative Code shall be continued in
force and unchanged for those projects that re-
ceived DRI approval prior to the new act taking
effect.

c. New standards were created for the following types
of development:

/ 7 1.) hotel or motel developments of 300 or more
units or 750 or more units in counties with a
population greater than 500,000 and which are
compatible with the local comprehensive plan.
380.0651(3)(g)

': 2.) recreational vehicle developments that accom-
modate 500 or more spaces. 380.0651(3)(h)

S3.) multi-use developments with two or more land
uses where the sum of the percentages of the
appropriate thresholds is equal to or greater
than 130 percent. This threshold is in
addition to the individual thresholds and does
not preclude those requirements. (Note: This
is subject to further rulemaking by the
Administration Commission.) 380.0651(3)(i)

41. The act authorizes the state land planning agency to
take administrative proceedings against a developer or
responsible party to obtain compliance with Chapter
380.06, binding letters, agreements, rules, orders, or
development orders. 380.11(2)(d)

42. Department of Community Affairs is to receive $150,000
from the state General Revenue Fund to study methods of
deplatting antiquated subdivisions. Section 50.

43. The act takes effect October 1, 1985 except the follow-
ing sections which take effect on July 1, 1985:

a.) 163.3191 evaluation and appraisal of comprehen-
sive plan

b.) 380.06(8) preliminary development agreements




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