Title: Intergovernmental Programs - Chapter 163, F.S. 1995
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 Material Information
Title: Intergovernmental Programs - Chapter 163, F.S. 1995
Physical Description: Book
Language: English
Publisher: Ch. 163 F.S. 1995
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Intergovernmental Programs - Chapter 163, F.S. 1995 (JDV Box 90)
General Note: Box 24, Folder 1 ( Governmental Rules, Regulations, Legislation and Administrative Laws - 1996 ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004558
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
Ch. 163


PART I MISCELLANEOUS PROGRAMS (ss. 163.01-163.05)

PART II COUNTY AND MUNICIPAL PLANNING AND
LAND DEVELOPMENT REGULATION (ss. 163.3161-163.3243)

PART III COMMUNITY REDEVELOPMENT (ss. 163.330-163.450)

PART IV NEIGHBORHOOD IMPROVEMENT DISTRICTS (ss. 163.501-163.526)

PART V REGIONAL TRANSPORTATION AUTHORITIES (ss. 163.565-163.572)

PART VI ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS
(ss. 163.701-163.708)


PART I

MISCELLANEOUS PROGRAMS


163.01
163.02
163.03



163.04

163.05


Florida Interlocal Cooperation Act of 1969.
Councils of local public officials.
Secretary of Community Affairs; powers and
duties; function of Department of Commu-
nity Affairs with respect to federal grant-in-
aid programs.
Energy devices based on renewable
resources.
Small County Technical Assistance Program.


S 163.01 Florida Interlocal Cooperation Act of 1969.
(1) This section shall be known and may be cited as
the "Florida Interlocal Cooperation Act of 1969."
(2) It is the purpose of this section to permit local
governmental units to make the most efficient use of
their powers by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to
provide services and facilities in a manner and pursuant
to forms of governmental organization that will accord
best with geographic, economic, population, and other
factors influencing the needs and development of local
communities.
(3) As used in this section:
(a) "Interlocal agreement" means an agreement
entered into pursuant to this section.
(b) "Public agency" means a political subdivision,
agency, or officer of this state or of any state of the
United States, including, but not limited to, state govern-
ment, county, city, school district, single and
multipurpose special district, single and multipurpose
public authority, metropolitan or consolidated govern-
ment, an independently elected county officer, any
agency of the United States Government, and any simi-
lar entity of any other state of the United States.
(c) "State" means a state of the United States.
(d) "Electric project" means:
1. Any plant, works, system, facilities, and real
property and personal property of any nature whatso-
ever, together with all parts thereof and appurtenances
thereto, which is located within or without the state and


which is used or useful in the generation, production,
transmission, purchase, sale, exchange, or interchange
of electric capacity and energy, including facilities and
property for the acquisition, extraction, conversion,
transportation, storage, reprocessing, or disposal of fuel
and other materials of any kind for any such purposes.
2. Any interest in, or right to, the use, services, out.
put, or capacity of any such plant, works, system, or
facilities.
3. Any study to determine the feasibility or costs of
any of the foregoing, including, but not limited to, engi-
neering, legal, financial, and other services necessary or
appropriate to determine the legality and financial and
engineering feasibility of any project referred to in
subparagraph 1. or subparagraph 2.
(e) "Person" means:
1. Any natural person;
2. The United States; any state; any municipality,
political subdivision, or municipal corporation created by
or pursuant to the laws of the United States or any state;
or any board, corporation, or other entity or body
declared by or pursuant to the laws of the United States
or any state to be a department, agency, or instrumen-
tality thereof;
3. Any corporation, not-for-profit corporation, firm,
partnership, cooperative association, electric coopera-
tive, or business trust of any nature whatsoever which
is organized and existing under the laws of the United
States or any state; or
4. Any foreign country; any political subdivision or
governmental unit of a foreign country; or any corpora-
tion, not-for-profit corporation, firm, partnership, coop-
erative association, electric cooperative, or business
trust of any nature whatsoever which is organized and
existing under the laws of a foreign country or of a politi-
cal subdivision or governmental unit thereof.
(f) "Electric utility" has the same meaning as in s.
361.11(2).
(g) "Foreign public utility" means any person whose
principal location or principal place of business is not
located within this state; who owns, maintains, or oper-
ates facilities for the generation, transmission, or distri-
bution of electrical energy; and who supplies electricity
to retail or wholesale customers, or both, on a continu-


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FS195INTERGOVERNMENTAL PROGRAMS C~h 163


ous, reliable, and dependable basis. "Foreign public
utility" also means any affiliate or subsidiary of such per-
son, the business of which is limited to the generation
or transmission, or both, of electrical energy and activi-
ties reasonably incidental thereto.
(h) "Local government liability pool" means a recipro-
cal insurer as defined in s. 629.021 or limited reciprocal
insurer as defined in 's. 629.50 or any self-insurance
program created pursuant to 2s. 768.28(14), formed and
controlled by counties or municipalities of this state to
provide liability insurance coverage for counties, munici-
palities, or other public agencies of this state, which pool
may contract with other parties for the purpose of pro-
viding claims administration, processing, accounting,
and other administrative facilities.
(4) A public agency of this state may exercise jointly
with any other public agency of the state, of any other
state, or of the United States Government any power,
privilege, or authority which such agencies share in com-
mon and which each might exercise separately.
(5) A joint exercise of power pursuant to this section
shall be made by contract in the form of an interlocal
agreement, which may provide for:
(a) The purpose of such interlocal agreement or the
power to be exercised and the method by which the pur-
pose will be accomplished or the manner in which the
power will be exercised.
(b) The duration of the interlocal agreement and the
method by which it may be rescinded or terminated by
any participating public agency prior to the stated date
of termination.
(c) The precise organization, composition, and
nature of any separate legal or administrative entity cre-
ated thereby with the powers designated thereto, if
such entity may be legally created.
(d) The manner in which the parties to an interlocal
agreement will provide from their treasuries the financial
support for the purpose set forth in the interlocal agree-
ment; payments of public funds that may be made to
defray the cost of such purpose; advances of public
funds that may be made for the purposes set forth in the
interlocal agreements and repayment thereof; and the
personnel, equipment, or property of one or more of the
parties to the agreement that may be used in lieu of
other contributions or advances.
(e) The manner in which funds may be paid to and
disbursed by any separate legal or administrative entity
created pursuant to the interlocal agreement.
(f) A method or formula for equitably providing for
and allocating and financing the capital and operating
costs, including payments to reserve funds authorized
by law and payments of principal and interest on obliga-
tions. The method or formula shall be established by the
participating parties to the interlocal agreement on a
ratio of full valuation of real property, on the basis of the
amount of services rendered or to be rendered or bene-
fits received or conferred or to be received or conferred,
or on any other equitable basis, including the levying of
taxes or assessments to pay such costs on the entire
area serviced by the parties to the interlocal agreement,
subject to such limitations as may be contained in the
constitution and statutes of this state.


(g) The manner of employing, engaging, compen-
sating, transferring, or discharging necessary person-
nel, subject to the provisions of applicable civil service
and merit systems.
(h) The fixing and collecting of charges, rates, rents,
or fees, where appropriate, and the making and promul-
gation of necessary rules and regulations and their
enforcement by or with the assistance of the participat-
ing parties to the interlocal agreement.
(i) The manner in which purchases shall be made
and contracts entered into.
(j) The acquisition, ownership, custody, operation,
maintenance, lease, or sale of real or personal property.
(k) The disposition, diversion, or distribution of any
property acquired through the execution of such
interlocal agreement.
(I) The manner in which, after the completion of the
purpose of the interlocal agreement, any surplus money
shall be returned in proportion to the contributions made
by the participating parties.
(m) The acceptance of gifts, grants, assistance
funds, or bequests.
(n) The making of claims for federal or state aid pay-
able to the individual or several participants on account
of the execution of the interlocal agreement.
(o) The manner of responding for any liabilities that
might be incurred through performance of the interlocal
agreement and insuring against any such liability.
(p) The adjudication of disputes or disagreements,
the effects of failure of participating parties to pay their
shares of the costs and expenses, and the rights of the
other participants in such cases.
(q) The manner in which strict accountability of all
funds shall be provided for and the manner in which
reports, including an annual independent audit, of all
receipts and disbursements shall be prepared and pres-
ented to each participating party to the interlocal agree-
ment.
(r) Any other necessary and proper matters agreed
upon by the participating public agencies.
(6) An interlocal agreement may provide for one or
more parties to the agreement to administer or execute
the agreement. One or more parties to the agreement
may agree to provide all or a part of the services set forth
in the agreement in the manner provided in the agree-
ment. The parties may provide for the mutual exchange
of services without payment of any contribution other
than such services.
(7)(a) An interlocal agreement may provide for a
separate legal or administrative entity to administer or
execute the agreement, which may be a commission,
board, or council constituted pursuant to the agree-
ment.
(b) A separate legal or administrative entity created
by an interlocal agreement shall possess the common
power specified in the agreement and may exercise it
in the manner or according to the method provided in
the agreement. The entity may, in addition to its other
powers, be authorized in its own name to make and
enter into contracts; to employ agencies or employees;
to acquire, construct, manage, maintain, or operate
buildings, works, or improvements; to acquire, hold, or
dispose of property; and to incur debts, liabilities, or obli-


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INTERGOVERNMENTbL PROGR~MS


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Ch. 163 ITROENETLPORM ..19


gations which do not constitute the debts, liabilities, or
obligations of any of the parties to the agreement.
(c) No separate legal or administrative entity cre-
ated by an interlocal agreement shall possess the power
or authority to levy any type of tax within the boundaries
of any governmental unit participating in the interlocal
agreement, to issue any type of bond in its own name,
or in any way to obligate financially a governmental unit
participating in the interlocal agreement. However, any
separate legal entity, the membership of which consists
only of electric utilities as defined in s. 361.11(2) and
which is created for the purpose of exercising the pow-
ers granted by part II of chapter 361, the Joint Power
Act, may, for the purpose of financing or refinancing the
costs of an electric project, exercise all powers in con-
nection with the authorization, issuance, and sale of
bonds as are conferred by parts I, II, and III of chapter
159 or part II of chapter 166, or both. Any such entity
may also issue bond anticipation notes, as provided by
s. 215.431, in connection with the authorization, issu-
ance, and sale of such bonds. All of the privileges, bene-
fits, powers, and terms of parts I, II, and III of chapter 159
and part II of chapter 166, notwithstanding any limita-
tions provided above, shall be fully applicable to such
entity. In addition, the governing body of such legal
entity may also authorize bonds to be issued and sold
from time to time and delegate, to such officer, official,
or agent of such legal entity as the governing body of
such legal entity shall select, the power to determine the
time; manner of sale, public or private; maturities; rate
or rates of interest, which may be fixed or may vary at
such time or times and in accordance with a specified
formula or method of determination; and other terms
and conditions as may be deemed appropriate by the
officer, official, or agent so designated by the governing
body of such legal entity. However, the amounts and
maturities of such bonds and the interest rate or rates
on such bonds shall be within the limits prescribed by
the governing body of such legal entity in its resolution
delegating to such officer, official, or agent the power to
authorize the issuance and sale of such bonds. Bonds
issued pursuant to this section may be validated as pro-
vided in chapter 75 and paragraph (15)(f). However, the
complaint in any action to validate such bonds shall be
filed only in the Circuit Court for Leon County. The notice
required to be published by s. 75.06 shall be published
only in Leon County, and the complaint and order of the
circuit court shall be served only on the State Attorney
of the Second Judicial Circuit and on the state attorney
of each circuit in which a public agency participating in
the electric project lies. Notice of such proceedings shall
be published in the manner and at the time required by
s. 75.06 in Leon County and in each county in which any
portion of any public agency participating in the electric
project lies.
(d) Notwithstanding the provisions of paragraph (c),
any separate legal entity created pursuant to this sec-
tion and controlled by the municipalities or counties of
this state or by one or more municipality and one or more
county of this state, the membership of which consists
or is to consist of municipalities only, counties only, or
one or more municipality and one or more county, may,
for the purpose of financing or refinancing any capital


projects, exercise all powers in connection with the
authorization, issuance, and sale of bonds. Notwith-
standing any limitations provided in this section, all of
the privileges, benefits, powers, and terms of part I of
chapter 125, part II of chapter 166, and part I of chapter
159 shall be fully applicable to such entity. Bonds issued
by such entity shall be deemed issued on behalf of the
counties or municipalities which enter into loan agree-
ments with such entity as provided in this paragraph.
Any loan agreement executed pursuant to a program of
such entity shall be governed by the provisions of part
I of chapter 159 or, in the case of counties, part I of chap-
ter 125, or in the case of municipalities and charter coun-
ties, part II of chapter 166. Proceeds of bonds issued by
such entity may be loaned to counties or municipalities
of this state or a combination of municipalities and coun-
ties, whether or not such counties or municipalities are
also members of the entity issuing the bonds. The issu-
ance of bonds by such entity to fund a loan program to
make loans to municipalities or counties or a combina-
tion of municipalities and counties with one another for
capital projects to be identified subsequent to the issu-
ance of the bonds to fund such loan programs is
deemed to be a paramount public purpose. Any entity
so created may also issue bond anticipation notes, as
provided by s. 215.431, in connection with the authoriza-
tion, issuance, and sale of such bonds. In addition, the
governing body of such legal entity may also authorize
bonds to be issued and sold from time to time and may
delegate, to such officer, official, or agent of such legal
entity as the governing body of such legal entity may
select, the power to determine the time; manner of sale,
public or private; maturities; rate or rates of interest,
which may be fixed or may vary at such time or times
and in accordance with a specified formula or method
of determination; and other terms and conditions as may
be deemed appropriate by the officer, official, or agent
so designated by the governing body of such legal
entity. However, the amounts and maturities of such
bonds and the interest rate or rates of such bonds shall
be within the limits prescribed by the governing body of
such legal entity and its resolution delegating to such
officer, official, or agent the power to authorize the issu-
ance and sale of such bonds. Bonds issued pursuant to
this paragraph may be validated as provided in chapter
75. The complaint in any action to validate such bonds
shall be filed only in the Circuit Court for Leon County.
The notice required to be published by s. 75.06 shall be
published only in Leon County, and the complaint and
order of the circuit court shall be served only on the
State Attorney of the Second Judicial Circuit and on the
state attorney of each circuit in each county where the
public agencies which were initially a party to the agree-
ment are located. Notice of such proceedings shall be
published in the manner and the time required by s.
75.06 in Leon County and in each county where the pub-
lic agencies which were initially a party to the agreement
are located. Obligations of any county or municipality
pursuant to a loan agreement as described in this para-
graph may be validated as provided in chapter 75.
(e)1. Notwithstanding the provisions of paragraph
(c), any separate legal entity, created pursuant to the
provisions of this section and controlled by counties or


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F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163


municipalities of this state, the membership of which
consists or is to consist only of public agencies of this
state, may, for the purpose of financing acquisition of lia-
bility coverage contracts from one or more local govern-
ment liability pools to provide liability coverage for coun-
ties, municipalities, or other public agencies of this
state, exercise all powers in connection with the authori-
zation, issuance, and sale of bonds. All of the privileges,
benefits, powers, and terms of s. 125.01 relating to
counties and s. 166.021 relating to municipalities shall
be fully applicable to such entity and such entity shall
be considered a unit of local government for all of the
privileges, benefits, powers, and terms of part I of chap-
ter 159. Bonds issued by such entity shall be deemed
issued on behalf of counties, municipalities, or public
agencies which enter into loan agreements with such
entity as provided in this paragraph. Proceeds of bonds
issued by such entity may be loaned to counties, munici-
palities, or other public agencies of this state, whether
or not such counties, municipalities, or other public
agencies are also members of the entity issuing the
bonds, and such counties, municipalities, or other public
agencies may in turn deposit such loan proceeds with
a separate local government liability pool for purposes
of acquiring liability coverage contracts.
2. Counties or municipalities of this state are
authorized pursuant to this section, in addition to the
authority provided by s. 125.01, part II of chapter 166,
and other applicable law, to issue bonds for the purpose
of acquiring liability coverage contracts from a local gov-
ernment liability pool. Any individual county or munici-
pality may, by entering into interlocal agreements with
other counties, municipalities, or public agencies of this
state, issue bonds on behalf of itself and other counties,
municipalities, or other public agencies, for purposes of
acquiring a liability coverage contract or contracts from
a local government liability pool. Counties, municipali-
ties, or other public agencies are also authorized to
enter into loan agreements with any entity created pur-
suant to subparagraph 1., or with any county or munici-
pality issuing bonds pursuant to this subparagraph, for
the purpose of obtaining bond proceeds with which to
acquire liability coverage contracts from a local govern-
ment liability pool. No county, municipality, or other pub-
lic agency shall at any time have more than one loan
agreement outstanding for the purpose of obtaining
bond proceeds with which to acquire liability coverage
contracts from a local government liability pool. Obliga-
tions of any county, municipality, or other public agency
of this state pursuant to a loan agreement as described
above may be validated as provided in chapter 75. Prior
to the issuance of any bonds pursuant to subparagraph
1. or this subparagraph for the purpose of acquiring lia-
bility coverage contracts from a local government liabil-
ity pool, the reciprocal insurer or the manager of any
self-insurance program shall demonstrate to the satis-
faction of the Department of Insurance that excess liabil-
ity coverage for counties, municipalities, or other public
agencies is reasonably unobtainable in the amounts pro-
vided by such pool or that the liability coverage obtained
through acquiring contracts from a local government lia-
bility pool, after taking into account costs of issuance of
bonds and any other administrative fees, is less expen-


sive to counties, municipalities, or special districts than
similar commercial coverage then reasonably available.
3. Any entity created pursuant to this section or any
county or municipality may also issue bond anticipation
notes, as provided by s. 215.431, in connection with the
authorization, issuance, and sale of such bonds. In addi-
tion, the governing body of such legal entity or the gov-
erning body of such county or municipality may also
authorize bonds to be issued and sold from time to time
and may delegate, to such officer, official, or agent of
such legal entity as the governing body of such legal
entity may select, the power to determine the time; man-
ner of sale, public or private; maturities; rate or rates of
interest, which may be fixed or may vary at such time
or times and in accordance with a specified formula or
method of determination; and other terms and condi-
tions as may be deemed appropriate by the officer, offi-
cial, or agent so designated by the governing body of
such legal entity. However, the amounts and maturities
of such bonds and the interest rate or rates of such
bonds shall be within the limits prescribed by the gov-
erning body of such legal entity and its resolution dele-
gating to such officer, official, or agent the power to
authorize the issuance and sale of such bonds. Any
series of bonds issued pursuant to this paragraph shall
mature no later than 7 years following the date of issu-
ance thereof.
4. Bonds issued pursuant to subparagraph 1. may
be validated as provided in chapter 75. The complaint
in any action to validate such bonds shall be filed only
in the Circuit Court for Leon County. The notice required
to be published by s. 75.06 shall be published in Leon
County and in each county which is an owner of the
entity issuing the bonds, or in which a member of the
entity is located, and the complaint and order of the cir-
cuit court shall be served only on the State Attorney of
the Second Judicial Circuit and on the state attorney of
each circuit in each county or municipality which is an
owner of the entity issuing the bonds or in which a mem-
ber of the entity is located.
5. Bonds issued pursuant to subparagraph 2. may
be validated as provided in chapter 75. The complaint
in any action to validate such bonds shall be filed in the
circuit court of the county or municipality which will issue
the bonds. The notice required to be published by s.
75.06 shall be published only in the county where the
complaint is filed, and the complaint and order of the cir-
cuit court shall be served only on the state attorney of
the circuit in the county or municipality which will issue
the bonds.
6. The participation by any county, municipality, or
other public agency of this state in a local government
liability pool shall not be deemed a waiver of immunity
to the extent of liability coverage, nor shall any contract
entered regarding such a local government liability pool
be required to contain any provision for waiver.
(f) Notwithstanding anything to the contrary, any
separate legal entity, created pursuant to the provisions
of this section, wholly owned by the municipalities or
counties of this state, the membership of which consists
or is to consist only of municipalities or counties of this
state, may exercise the right and power of eminent
domain, including the procedural powers under chap-


F.S. 1995


INTERGOVERNMENTAL PROGRAMS


Ch. 163






Ch. 163 ~INTERGOVERNMENTAL PROGRAMSFS.19


ters 73 and 74, if such right and power is granted to such
entity by the interlocal agreement creating the entity.
(8) If the purpose set forth in an interlocal agreement
is the acquisition, construction, or operation of a reve-
nue-producing facility, the agreement may provide for
the repayment or return to the parties of all or any part
of the contributions, payments, or advances made by
the parties pursuant to subsection (5) and for payment
to the parties of any sum derived from the revenues of
such facility. Payments, repayments, or returns shall be
made at any time and in the manner specified in the
agreement and may be made at any time on or prior to
the rescission or termination of the agreement or com-
pletion of the purposes of the agreement.
(9)(a) All of the privileges and immunities from liabil-
ity; exemptions from laws, ordinances, and rules; and
pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees
of any public agency when performing their respective
functions within the territorial limits for their respective
agencies shall apply to the same degree and extent to
the performance of such functions and duties of such
S officers, agents, or employees extraterritorially under
the provisions of any such interlocal agreement.
(b) An interlocal agreement does not relieve a public
S agency of any obligation or responsibility imposed upon
it by law except to the extent of actual and timely per-
formance thereof by one or more of the parties to the
agreement or any legal or administrative entity created
by the agreement, in which case the performance may
be offered in satisfaction of the obligation or responsibil-
ity.
S (c) All of the privileges and immunities from liability
and exemptions from laws, ordinances, and rules which
apply to the municipalities and counties of this state
apply to the same degree and extent to any separate
legal entity, created pursuant to the provisions of this
section, wholly owned by the municipalities or counties
of this state, the membership of which consists or is to
consist only of municipalities or counties of this state,
unless the interlocal agreement creating such entity pro-
vides to the contrary. All of the privileges and immunities
from liability; exemptions from laws, ordinances, and
rules; and pension and relief, disability, and worker's
compensation, and other benefits which apply to the
activity of officers, agents, employees, or employees of
agents of counties and municipalities of this state which
are parties to an interlocal agreement creating a sepa-
rate legal entity pursuant to the provisions of this section
shall apply to the same degree and extent to the offi-
cers, agents, or employees of such entity unless the
interlocal agreement creating such entity provides to the
contrary.
(10)(a) A public agency entering into an interlocal
agreement may appropriate funds and sell, give, or oth-
erwise supply any party designated to operate the joint
or cooperative undertaking such personnel, services,
facilities, property, franchises, or funds thereof as may
be within its legal power to furnish.
(b) A public agency entering into an interlocal agree-
ment may receive grants-in-aid or other assistance
funds from the United States Government or this state


for use in carrying out the purposes of the interlocal
agreement.
(11) Prior to its effectiveness, an interlocal agreement
and subsequent amendments thereto shall be filed with
the clerk of the circuit court of each county where a
party to the agreement is located.
(12) Any public agency entering into an agreement
pursuant to this section may appropriate funds and may
sell, lease, give, or otherwise supply the administrative
joint board or other legal or administrative entity created
to operate the joint or cooperative undertaking by pro-
viding such personnel or services therefore as may be
within its legal power to furnish.
(13) The powers and authority granted by this section
shall be in addition and supplemental to those granted
by any other general, local, or special law. Nothing con-
tained herein shall be deemed to interfere with the appli-
cation of any other law.
(14) This section is intended to authorize the entry
into contracts for the performance of service functions
of public agencies, but shall not be deemed to authorize
the delegation of the constitutional or statutory duties of
state, county, or city officers.
(15) Notwithstanding any other provision of this sec-
tion or of any other law except s. 361.14, any public
agency of this state which is an electric utility, or any
separate legal entity created pursuant to the provisions
of this section, the membership of which consists only
of electric utilities, and which exercises or proposes to
exercise the powers granted by part II of chapter 361,
the Joint Power Act, may exercise any or all of the follow-
ing powers:
(a) Any such public agency or legal entity, or both,
may plan, finance, acquire, construct, reconstruct, own,
lease, operate, maintain, repair, improve, extend, or oth-
erwise participate jointly in one or more electric projects,
which are proposed, existing, or under construction and
which are located or to be located within or without this
state, with any one or more of the following:
1. Any such legal entity;
2. One or more electric utilities;
3. One or more foreign public utilities; or
4. Any other person,
if the right to full possession and to all of the use, ser-
vices, output, and capacity of any such electric project
during the original estimated useful life thereof is vested,
subject to creditors' rights, in any one or more of such
legal entities, electric utilities, or foreign public utilities,
or in any combination thereof. Any such public agency
or legal entity, or both, may act as agent or designate
one or more persons, whether or not participating in an
electric project, to act as its agent in connection with the
planning, design, engineering, licensing, acquisition,
construction, completion, management, control, opera-
tion, maintenance, repair, renewal, addition, replace-
ment, improvement, modification, insuring,
decommissioning, cleanup, retirement, or disposal, or all
of the foregoing, of such electric project or electric proj-
ects.
(b)1. In any case in which any such public agency
or legal entity, or both, participate in an electric project
with any one or more of the following:


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F.S.1995INTRGOVRNMETALPROGAMSCh. 163


a. Any such legal entity;
b. One or more electric utilities;
c. One or more foreign public utilities; or
d. Any other person,
and if the right to full possession and to all of the use,
services, output, and capacity of any such electric proj-
ect during the original estimated useful life thereof is
vested, subject to creditors' rights, in any one or more
of such legal entities, electric utilities, or foreign public
utilities, or in any combination thereof, such public
agency or legal entity, or both, may enter into an agree-
ment or agreements with respect to such electric proj-
ect with the other person or persons participating
therein, and such legal entity may enter into an agree-
ment or agreements with one or more public agencies
who are parties to the interlocal agreement creating
such legal entity. Any such agreement may be for such
period, including, but not limited to, an unspecified
period, and may contain such other terms, conditions,
and provisions, consistent with the provisions of this
section, as the parties thereto shall determine. In con-
nection with entry into and performance pursuant to any
such agreement, with the selection of any person or per-
sons with which any such public agency or legal entity,
or both, may enter into any such agreement, and with
the selection of any electric project to which such agree-
ment may relate, no such public agency or legal entity
shall be required to comply with any general, local, or
special statute, including, but not limited to, the provi-
sions of s. 287.055, or with any charter provision of any
public agency, which would otherwise require public
bidding, competitive negotiation, or both.
2. Any such agreement may include, but need not
be limited to, any or all of the following:
a. Provisions defining what constitutes a default
thereunder and providing for the rights and remedies of
the parties thereto upon the occurrence of such a
default, including, without limitation, the right to discon-
tinue the delivery of products or services to a defaulting
party and requirements that the remaining parties not in
default who are entitled to receive products or services
from the same electric project may be required to pay
for and use or otherwise dispose of, on a proportionate
or other basis, all or some portion of the products and
services which were to be purchased by the defaulting
party.
b. Provisions granting one or more of the parties the
option to purchase the interest or interests of one or
more other parties in the electric project upon such
occurrences, and at such times and pursuant to such
terms and conditions, as the parties may agree, notwith-
standing the limitations on options in the provisions of
any law to the contrary.
c. Provisions setting forth restraints on alienation of
the interests of the parties in the electric project.
d. Provisions for the planning, design, engineering,
licensing, acquisition, construction, completion, man-
agement, control, operation, maintenance, repair,
renewal, addition, replacement, improvement, modifica-
tion, insuring, decommissioning, cleanup, retirement, or
disposal, or all of the foregoing of such electric project
by any one or more of the parties to such agreement,


which party or parties may be designated in or pursuant
to such agreement as agent or agents on behalf of itself
and one or more of the other parties thereto or by such
other means as may be determined by the parties
thereto.
e. Provisions for a method or methods of determin-
ing and allocating among or between the parties the
costs of planning, design, engineering, licensing, acqui-
sition, construction, completion, management, control,
operation, maintenance, repair, renewal, addition,
replacement, improvement, modification, insuring,
decommissioning, cleanup, retirement, or disposal, or all
of the foregoing with respect to such electric project.
f. Provisions that any such public agency or legal
entity, or both, will not rescind, terminate, or amend any
contract or agreement relating to such electric project
without the consent of one or more persons with which
such public agency or legal entity, or both, have entered
into an agreement pursuant to this section or without the
consent of one or more persons with whom any such
public agency or legal entity, or both, have made a cove-
nant or who are third-party beneficiaries of any such
covenant.
g. Provisions whereby any such public agency or
legal entity, or both, are obligated to pay for the prod-
ucts and services of such electric project and the sup-
port of such electric project, including, without limita-
tion, those activities set forth in sub-subparagraph d.,
without setoff or counterclaim and irrespective of
whether such products or services are furnished, made
available, or delivered to such public agency or legal
entity, or both, or whether any electric project contem-
plated by such contract or agreement is completed,
operable, or operating, and notwithstanding suspen-
sion, interruption, interference, reduction, or curtailment
of the products and services of such electric project and
notwithstanding the quality, or failure, of performance of
any one or more of the activities set forth in sub-
subparagraph d. with respect to such electric project.
h. Provisions that in the event of the failure or
refusal of any such public agency or legal entity, or both,
to perform punctually any specified covenant or obliga-
tion contained in or undertaken pursuant to any such
agreement, any one or more parties to such agreement
or any one or more persons who have been designated
in such agreement as third-party beneficiaries of such
covenant or obligation may enforce the performance of
such public agency or legal entity by an action at law or
in equity, including, but not limited to, specific perform-
ance or mandamus.
i. Provisions obligating any such public agency or
legal entity, or both, to indemnify, including, without limi-
tation, indemnification against the imposition or collec-
tion of local, state, or federal taxes and interest or penal-
ties related thereto, or payments made in lieu thereof,
to hold harmless, or to waive claims or rights for recov-
ery, including claims or rights for recovery based on sole
negligence, gross negligence, any other type of negli-
gence, or any other act or omission, intentional or other-
wise, against one or more of the other parties to such
agreement. Such provisions may define the class or
classes of persons for whose acts, intentional or other-
wise, a party shall not be responsible; and all of such


F.S. 1995


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INTERGOVERNMENTAL PROGRAMS


provisions may be upon such terms and conditions as
the parties thereto shall determine.
j. Provisions obligating any such public agency or
legal entity, or both, not to dissolve until all principal and
interest payments for all bonds and other evidences of
indebtedness issued by such public agency or legal
entity, or both, have been paid or otherwise provided for
and until all contractual obligations and duties of such
public agency or legal entity have been fully performed
or discharged, or both.
k. Provisions obligating any such public agency or
legal entity, or both, to establish, levy, and collect rents,
rates, and other charges for the products and services
provided by such legal entity or provided by the electric
or other integrated utility system of such public agency,
which rents, rates, and other charges shall be at least
sufficient to meet the operation and maintenance
expenses of such electric or integrated utility system; to
comply with all covenants pertaining thereto contained
in, and all other provisions of, any resolution, trust inden-
ture, or other security agreement relating to any bonds
or other evidences of indebtedness issued or to be
issued by any such public agency or legal entity; to gen-
erate funds sufficient to fulfill the terms of all other con-
tracts and agreements made by such public agency or
legal entity, or both; and to pay all other amounts pay-
able from or constituting a lien or charge on the reve-
nues derived from the products and services of such
legal entity or constituting a lien or charge on the reve-
nues of the electric or other integrated utility system of
such public agency.
I. Provisions obligating such legal entity to enforce
the covenants and obligations of each such public
agency with which such legal entity has entered into a
contract or agreement with respect to such electric proj-
ect.
m. Provisions obligating such legal entity not to per-
mit any such public agency to withdraw from such legal
entity until all contractual obligations and duties of such
legal entity and of each such public agency with which
it has entered into a contract or agreement with respect
to such electric project have been fully performed, dis-
charged, or both.
n. Provisions obligating each such public agency
which has entered into a contract or agreement with
such legal entity with respect to an electric project not
to withdraw from, or cause or participate in the dissolu-
tion of, such legal entity until all duties and obligations
of such legal entity and of each such public agency aris-
ing from all contracts and agreements entered into by
such public agency or legal entity, or both, have been
fully performed, discharged, or both.
o. Provisions obligating each such public agency
which has entered into a contract or agreement with
such legal entity or which has entered into a contract or
agreement with any other person or persons with
respect to such electric project to maintain its electric
or other integrated utility system in good repair and
operating condition until all duties and obligations of
each such public agency and of each such legal entity
arising out of all contracts and agreements with respect
to such electric project entered into by each such public
agency or legal entity, or both, have been fully per-
formed, discharged, or both.


3. All actions taken by an agent designated in
accordance with the provisions of any such agreement
may, if so provided in the agreement, be made binding
upon such public agency or legal entity, or both, without
further action or approval by such public agency or legal
entity, or both. Any agent or agents designated in any
such agreement shall be governed by the laws and rules
applicable to such agent as a separate entity and not by
any laws or rules which may be applicable to any of the
other participating parties and not otherwise applicable
to the agent.
(c) Any such legal entity may acquire services, out-
put, capacity, energy, or any combination thereof only
from:
1. An electric project in which it has an ownership
interest; or
2. Any other source:
a. To the extent of replacing the services, output,
capacity, energy, or combination thereof of its share of
an electric project when the output or capacity of such
electric project is reduced or unavailable; or
b. At any time and in any amount for resale to any
of its members as necessary to meet their retail load
requirements.
However, under sub-subparagraph 2.b., such legal
entity may not purchase wholesale power for resale to
any of its members from any electric utility as a result of
any legal proceeding commenced by the legal entity or
any of its members after January 1, 1982, before any
state or federal court or administrative body, to the
extent that such purchase or proceeding would involun-
tarily expand the responsibility of the electric utility to
provide such wholesale power.
(d) Any such legal entity may sell services, output,
capacity, energy, or any combination thereof only to:
1. Its members to meet their retail load require-
ments;
2. Other electric utilities or foreign public utilities
which have ownership interests in, or contractual
arrangements which impose on such electric utilities or
foreign public utilities obligations which are the eco-
nomic equivalents of ownership interests in, the electric
project from which such services, output, capacity,
energy, or combination thereof is to be acquired;
3. Any other electric utility or foreign public utility to
dispose of services, output, capacity, energy, or any
combination thereof that is surplus to the requirements
of such legal entity:
a. If such surplus results from default by one or
more of the members of such legal entity under a con-
tract or contracts for the purchase of such services, out-
put, capacity, energy, or combination thereof; and
b. If the revenues from such contract or contracts
are pledged as security for payment of bonds or other
evidences of indebtedness issued by such legal entity
or if such revenues are required by such legal entity to
meet its obligations under any contract or agreement
entered into by such legal entity pursuant to paragraph
(b);
4. Any other electric utility or foreign public utility
for a period not to exceed 5 years from the later to occur
of the date of commercial operation of, or the date of


F.S. 1995


Ch. 163






F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163


acquisition by such legal entity of any ownership interest
in or right to acquire services, output, capacity, energy,
or any combination thereof from, the electric project
from which such services, output, capacity, energy, or
combination thereof is to be acquired, if:
a. One or more members of such legal entity have
contracted to purchase such services, output, capacity,
energy, or combination thereof from such legal entity
commencing upon the expiration of such period; and
b. Such services, output, capacity, energy, or com-
bination thereof, if acquired commencing at an earlier
time, could have been reasonably predicted to create a
surplus or surpluses in the electric system or systems
of such member or members during such period, when
added to services, output, capacity, energy, or any com-
bination thereof available to such member or members
during such period from facilities owned by such mem-
ber or members or pursuant to one or more then-
existing firm contractual obligations which are not termi-
nable prior to the end of such period without payment
of a penalty, or both; or
5. Any combination of the above.
Nothing contained in this paragraph shall prevent such
legal entity from selling the output of its ownership inter-
est in any such electric project to any electric utility or
foreign public utility as emergency, scheduled mainte-
nance, or economy interchange service.
(e) All obligations and covenants of any such public
agency or legal entity, or both, contained in any contract
or agreement, which contract or agreement and obliga-
tions and covenants are authorized, permitted, or con-
templated by this section, shall be the legal, valid, and
binding obligations and covenants of the public agency
or legal entity undertaking such obligations or making
such covenants; and each such obligation or covenant
shall be enforceable in accordance with its terms.
(f) When contract payments by any such public
agency contracting with any such legal entity or reve-
nues of any such public agency contracting with any
other person or persons with respect to an electric proj-
ect are to be pledged as security for the payment of
bonds or other evidences of indebtedness sought to be
validated, the complaint for validation may make parties
defendant to such action, in addition to the state and the
taxpayers, property owners, and citizens of the county
in which the complaint for validation is filed, including
nonresidents owning property or subject to taxation
therein:
1. Every public agency the contract payments of
which are to be so pledged.
2. Any other person contracting with such public
agency or legal entity, or both, in any manner relating to
such electric project, and particularly with relation to any
ownership or operation of any electric project; the sup-
plying of electrical energy to such public agency or legal
entity, or both; or the taking or purchase of electrical
energy from the electric project.
3. The taxpayers, property owners, and citizens of
each county or municipality in which each such public
agency is located, including nonresidents owning prop-
erty or subject to taxation therein, and the holders of any
outstanding debt obligations of any such public agency
or legal entity.


All such parties who are made defendants and over
whom the court acquires jurisdiction in such validation
proceedings shall be required to show cause, if any
exists, why such contract or agreement and the terms
and conditions thereof should not be inquired into by the
court, the validity of the terms thereof determined, and
the matters and conditions which are imposed on the
parties to such contract or agreement and all such
undertakings thereof adjudicated to be valid and bind-
ing on the parties thereto. Notice of such proceedings
shall be included in the notice of validation hearing
required to be issued and published pursuant to the pro-
visions of paragraph (7)(c); and a copy of the complaint
in such proceedings, together with a copy of such
notice, shall be served on each party defendant referred
to in subparagraphs 1. and 2. who is made a defendant
and over whom the court acquires jurisdiction in such
validation proceedings. Any person resident of this state
or any person not a resident of, or located within, this
state, whether or not authorized to transact business in
this state, who contracts with any such public agency
or legal entity, or both, in any manner relating to such
electric project, may intervene in the validation proceed-
ings at or before the time set for the validation hearing
and assert any ground or objection to the validity and
binding effect of such contract or agreement on his or
her own behalf and on behalf of any such public agency
and of all citizens, residents, and property owners of the
state. No appeal may be taken by any person who was
not a party of record in such proceedings at the time the
judgment appealed from was rendered. An adjudication
as to the validity of any such contract or agreement from
which no appeal has been taken within the time permit-
ted by law from the date of entry of the judgment of vali-
dation or, if an appeal is filed, which is confirmed on
appeal shall be forever conclusive and binding upon
such legal entity and all such parties who are made
defendants and over whom the court acquires jurisdic-
tion in such validation proceedings.
(g) Each such public agency or legal entity, or both,
which contracts with any other person or persons with
respect to the ownership or operation of any electric
project, and each such public agency which contracts
with any legal entity for the support of, or supply of,
power from an electric project, is authorized to pledge
to such other person or persons or such legal entity, or
both, for the benefit of such electric project all or any
portion of the revenues derived or to be derived:
1. In the case of any such public agency, from the
ownership and operation of its electric or other integra-
ted utility system; and
2. In the case of a legal entity, from the provision of
products and services by it;
and to pledge to such other person or persons or such
legal entity, or both, for the benefit of such electric proj-
ect any securities, contract rights, and other property.
Each such legal entity is also authorized to pledge to,
or for the benefit of, the holders of any bonds, notes, or
other evidences of indebtedness issued by such legal
entity, as security for the payment thereof, any reve-
nues, securities, contract rights, or other property. Any
such pledge shall specify the priority and ranking of


1215


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INTERGOVERNMENTAL PROGRAMS


such pledge in respect of other pledges, if any, of the
same revenues, securities, contract rights, or other
property by such public agency or legal entity. Any
pledge of revenues, securities, contract rights, or other
property made by any such public agency or legal
entity, or both, pursuant to this section shall be valid and
binding from the date the pledge is made. The revenues,
securities, contract rights, or other property so pledged
and then held or thereafter received by such public
agency or legal entity, or any fiduciary, or such other per-
son or persons shall immediately be subject to the lien
of the pledge without any physical delivery thereof or
further act; and the lien of the pledge shall be valid and
binding as against all parties having claims of any kind
in tort, in contract, or otherwise against the public
agency or legal entity making such pledge, without
regard to whether such parties have notice thereof. The
resolution, trust indenture, security agreement, or other
instrument by which a pledge is created need not be
filed or recorded in any manner.
(h) Any such legal entity is authorized and empow-
ered to sue and be sued in its own name. In the event
that any such public agency or legal entity enters into
a contract or an agreement with respect to an electric
project located in another state, or owns an interest in
an electric project located in another state, an action
against such public agency or legal entity may be
brought in the federal or state courts located in such
state.
(i) The provisions of this subsection shall be liber-
ally construed to effect the purposes hereof. The powers
conferred by the provisions of this subsection shall be
in addition and supplementary to the powers conferred
by the other provisions of this section, by any other gen-
eral, local, or special law, or by any charter of any public
agency. When the exercise of any power conferred on
any public agency or any legal entity by the provisions
of this subsection would conflict with any limitation or
requirement upon such public agency or such legal
entity contained in the other provisions of this section,
in any other general, local, or special law, except s.
361.14, or in the charter of such public agency, such limi-
tation or requirement shall be superseded by the provi-
sions of this subsection for the purposes of the exercise
of such power pursuant to the provisions of this subsec-
tion.
(j) While any bonds or other evidences of indebted-
ness issued by any such public agency or any such legal
entity pursuant to the authority granted by paragraph
(7)(c) or other applicable law remain outstanding, or
while any such public agency or any such legal entity
has any undischarged duties or obligations under any
contract or agreement, including, but not limited to, obli-
gations to any operator or joint owner of any electric
project, the powers, duties, or existence of such public
agency or such legal entity or of its officers, employees,
or agents shall not be diminished, impaired, or affected
in any manner which will affect materially and adversely
the interests and rights of the owners of such bonds or
other evidences of indebtedness or the persons to
whom such duties or obligations are owed under such
contract or agreement. The provisions of this subsection
shall be for the benefit of the state, each such public


agency, each such legal entity, every owner of the
bonds of each such legal entity or public agency, and
every other person to whom such public agency or such
legal entity owes a duty or is obligated by contract or
agreement; and, upon and after the earlier of the execu-
tion and delivery by any public agency or legal entity,
pursuant to this section, of any contract or agreement
to any person with respect to an electric project, or the
issuance of such bonds or other evidences of indebted-
ness, the provisions of this subsection shall constitute
an irrevocable contract by the state with the owners of

the bonds or other evidences of indebtedness issued by
such public agency or legal entity and with the other per-
son or persons to whom any such public agency or legal
entity owes a duty or is obligated by any such contract
or agreement.
(k) The limitations on waiver in the provisions of s.
768.28 or any other law to the contrary notwithstanding,
the Legislature, in accordance with s. 13, Art. X of the
State Constitution, hereby declares that any such legal
entity or any public agency of this state that participates
in any electric project waives its sovereign immunity to:
1. All other persons participating therein; and
2. Any person in any manner contracting with a
legal entity of which any such public agency is a mem-
ber, with relation to:
a. Ownership, operation, or any other activity set
forth in sub-subparagraph (b)2.d. with relation to any
electric project; or
b. The supplying or purchasing of services, output,
capacity, energy, or any combination thereof.
(I) Notwithstanding the definition of "electric
project" contained in paragraph (3)(d), or any other pro-
vision of this subsection or of part II of chapter 361 limit-
ing the parties which may participate jointly in electric
projects, any public agency of this state which is an
electric utility, or any separate legal entity created pur-
suant to the provisions of this section, the membership
of which consists only of electric utilities, and which
exercises or proposes to exercise the powers granted
by part II of chapter 361, may exercise any or all of the
powers provided in this subsection jointly with any other
person with respect to the acquisition, extraction, con-
version, use, transportation, storage, reprocessing, dis-
posal, or any combination thereof of any primary fuel or
source thereof, as well as any other materials resulting
therefrom, only when such primary fuel or source thereof
is to be used for the generation of electrical energy in
one or more electric projects by such legal entity, any
member thereof, or any combination thereof; and, in
connection therewith, any such public agency or legal
entity shall be deemed to have all the additional powers,
privileges, and rights provided in this subsection.
(m) In the event that any public agency or any such
legal entity, or both, should receive, in connection with
its joint ownership or right to the services, output,
capacity, or energy of an electric project, as defined in
paragraph (3)(d), any material which is designated by
the person supplying such material as proprietary confi-
dential business information or which a court of compe-
tent jurisdiction has designated as confidential or secret
shall be kept confidential and shall be exempt from the
provisions of s. 119.07(1). This exemption is subject to


1216


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F.S. 1995





INTERGOVERNMENTAL PROGRAMS Ch. 13


the Open Government Sunset Review Act in accord-
ance with 3s. 119.14. As used in this paragraph,
"proprietary confidential business information" includes,
but is not limited to, trade secrets; internal auditing con-
trols and reports of internal auditors; security measures,
systems, or procedures; information concerning bids or
other contractual data, the disclosure of which would
impair the efforts of the utility to contract for services on
favorable terms; employee personnel information unre-
lated to compensation, duties, qualifications, or respon-
sibilities; and formulas, patterns, devices, combinations
of devices, contract costs, or other information the
disclosure of which would injure the affected entity in
the marketplace.
(16)(a) All of the additional powers and authority
granted by chapter 82-53, Laws of Florida, to a public
agency as defined in paragraph (3)(b), a legal entity cre-
ated pursuant to the provisions of this section, or both,
respecting agreements for participation in electric proj-
ects shall apply to any agreement in existence as of
March 25, 1982, as well as to any such agreement
entered into thereafter; but no additional limitation pro-
vided in chapter 82-53 upon any power or authority of
any such public agency or legal entity, or both, respect-
ing agreements for participation in electric projects shall
apply to any such agreement entered into prior to March
25, 1982.
(b) Chapter 82-53, Laws of Florida, shall be deemed
to be enacted for the purpose of further implementing
the provisions of s. 10(d), Art. VII of the State Constitu-
tion, as amended.
(17) In any agreement entered into pursuant to this
section, any public agency or separate legal entity cre-
ated by interlocal agreement may, in its discretion,
grant, sell, donate, dedicate, lease or otherwise convey,
title, easements or use rights in real property, including
tax-reverted real property, title to which is in such public
agency or separate legal entity, to any other public
agency or separate legal entity created by interlocal
agreement. Any public agency or separate legal entity
created by interlocal agreement is authorized to grant
such interests in real property or use rights without con-
sideration when in its discretion it is determined to be
in the public interest. Real property and interests in real
property granted or conveyed to such public agency or
separate legal entity shall be for the public purposes
contemplated in the interlocal agreement and may be
made subject to the condition that in the event that said
real property or interest in real property is not so used,
or if used and subsequently its use for such purpose is
abandoned, the interest granted shall cease as to such
public agency or separate legal entity and shall automat-
ically revert to the granting public agency or separate
legal entity.
Hitory.-ss. 1.2. ch. 69-42: ss. 11, 18. 35, ch. 69-106: s. 1, ch. 79-24; ss. 1.2.
ch. 79-31; s. 61. ch. 19-40, s. 68, ch. 81-259; ss. 1, 7, 8. ch. 82-53; s. 45, ch. 83-217;
S. 21, ch. 85 55; s 1. ch 8/ 9: s. ch. 87-237; s. 46. ch. 88-130; ss 33. 34, ch
90-360; s 83. ch. 91 45. s 1. ch. 93-51. s. 896. ch. 95-147.
'Note.-Hipealex d by 4, c. 4,. 93 2')9.
'Note.- Hels:;lll;llI ;n :168 2(ll 15) by s 10. ch 94 209
'Note.-
A. Repealed by s 1, ch 9,' 2 1
B. Sec :tio 4. ich i') ?PI/ provide s Ihal I"i intwithstalnding any provision of law
to the contrary, cxemnlptlonll tronll cha;pte!r 119. I londa Statutes, or chapter 286, Flor
ida Statutes, which ;n.e pi)lscriix) Iy law and are specifically made subject to the
Open Goverlnlent Sunset !iview Act in accordance with section 119.14. Florida
Statutes. are not sled-cti l r-eview under that act.n anare not abrogated by the oper
ation of that act. after (Octobi 1. 1,. 1 '


163.02 Councils of local public officials.-
(1) The governing bodies of any two or more coun-
ties, municipalities, special districts, or other govern-
mental subdivisions of this state, or any of them, herein
referred to as member local governments, may, by reso-
lution, enter into an agreement with each other for the
establishment of a council of local public officials. Any
council established under the authority of this section
shall be a corporation not for profit.
(2) Representation on the council shall be in the
manner provided in the agreement establishing the
council. The representative from each member local
government shall be the elected chief executive of said
local government or, if such government does not have
an elected chief executive, a member of its governing
body chosen by such body to be its representative. Any
member may withdraw from the council upon 60 days'
notice subsequent to formal action by its governing
body.
(3) The local government council shall have the
power to:
(a) Study such area governmental problems as it
deems appropriate, including but not limited to matters
affecting health, safety, welfare, education, economic
conditions, and area development;
(b) Promote cooperative arrangements and coordi-
nate action among its members; and
(c) Make recommendations for review and action to
the members and other public agencies that perform
local functions and services within the area.
(4) The council shall adopt bylaws designating the
officers of the council and providing for the conduct of
its business. The council may employ a staff, consult
and retain experts, and purchase or lease or otherwise
provide for such supplies, materials, equipment and
facilities as it deems desirable and necessary.
(5)(a) The governing bodies of the member govern-
ments may appropriate funds to meet the necessary
expenses of the council. Services of personnel, use of
equipment and office space, and other necessary ser-
vices may be accepted from members as part of their
financial support.
(b) The council may accept funds, grants, gifts, and
services from the state, from any other governmental
unit, whether participating in the council or not, from the
Government of the United States, and from private and
civic sources.
(c) The council shall make an annual public report of
its activities to each of the member local governments,
and shall have its accounts audited annually.
History.-ss. 1, 2. 3. 4. 5, ch. 69-69.

163.03 Secretary of Community Affairs; powers
and duties; function of Department of Community
Affairs with respect to federal grant-in-aid programs.
(1) The Secretary of Community Affairs shall:
(a) Supervise and administer the activities of the
department and shall advise the Governor, the Cabinet,
and the Legislature with respect to matters affecting
community affairs and local government and participate
in the formulation of policies which best utilize the
resources of state government for the benefit of local
government.


Ch. 1I63


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INTERGOVERNMENTAL PROGRAMS


(b) Render services to local governments by assist-
ing, upon request, in applying for and securing federal
and state funds and by assisting the Executive Office
of the Governor in coordinating the activities of the state
with federal programs for assistance in and solution of
urban problems.
(c) Under the direction of the Governor, administer
programs to apply rapidly all available aid to communi-
ties stricken by an emergency as defined in 's. 252.34(3)
and, for this purpose, provide liaison with federal agen-
cies and other public and private agencies.
(d) When requested, administer programs which will
assist the efforts of local governments in developing
mutual and cooperative solutions to their common prob-
lems.
(e) Conduct programs to encourage and promote
the involvement of private enterprise in the solution of
urban problems.
(f) Conduct continuing programs of analysis and
evaluation of local governments and recommend to the
Governor programs and changes in the powers and
organization of local government as may seem neces-
sary to strengthen local governments.
(g) Assist the Governor and the Cabinet in coordi-
nating and making more effective the activities and ser-
vices of those departments and agencies of the state
which may be of service to units of local government.
(h) Provide consultative services and technical
assistance to local officials in the fields of housing, rede-
velopment and renewal, local public improvement pro-
grams, planning and zoning, and other local programs
and collect and disseminate information pertaining
thereto, including information concerning federal, state,
and private assistance programs and services.
(i) Conduct research and studies, and prepare
model ordinances and codes relating to the areas
referred to herein.
(j) Cooperate with other state agencies in the prep-
aration of statewide plans relating to housing, redevel-
opment and renewal, human resources development,
local planning and zoning, transportation and traffic, and
other matters relating to the purposes of this section.
(k) Accept funds from all sources to be utilized in
programs designed to combat juvenile crime, including
the making of contributions to the National Youth Emer-
gency Corps.
(I) Be authorized to accept and disburse funds from
all sources in order to carry out the following programs:
1. Advisory and informational services to local gov-
ernments.
2. Community development training under Title VIII
of the Housing Act of 1964.
3. Local planning assistance under s. 701 of the
Housing Act of 1954.
4. Statewide planning assistance under s. 701 of
the Housing Act of 1954.
5. Model cities technical assistance under s. 701 of
the Housing Act of 1954.
(m) Perform such other functions, duties, or respon-
sibilities as may be hereafter assigned to him or her by
law.
(2) It is the intent of this section, with respect to fed-
eral grant-in-aid programs, that the department serve


as the agency for disseminating information to local gov-
ernments regarding the availability of federal grant-in-
aid assistance to local governments in their efforts to
secure federal grant-in-aid assistance, but only upon
the request of such local governments, and for assisting
local governments in maintaining liaison and communi-
cations with federal agencies concerning federal grant-
in-aid programs. Nothing contained herein shall be con-
strued to require consent, approval, or authorization
from the department as a condition to any application
for or acceptance of grants-in-aid from the United
States Government.
(3) The department is authorized to adopt rules
implementing the following grant programs, which rules
shall be consistent with the laws, regulations, or guide-
lines governing the grant to the department:
(a) Criminal justice grant programs administered by
the Bureau of Criminal Justice Assistance.
(b) Grants under the federal programs known as the
Coastal Energy Impact Program and the Outer Conti-
nental Shelf Program administered by the Bureau of
Land and Water Management.
(c) Federal housing assistance programs.
(d) Community Services Block Grant programs.
(e) Federal weatherization grant programs.
(f) The Jobs Impact Program of the federal Commu-
nity Development Block Grant.
History.-s. 18, ch. 69-106; s. 1. ch. 70-121; s. 91, ch. 79-190; s. 9, ch. 81-167;
s. 9, ch. 83-55; ss. 5, 49, ch. 83-334; s. 1, ch. 84-218; s. 4. ch. 84-241; s. 157. ch.
92-152; s. 897. ch. 95-147.
'Note.-Substituted by the editors for a reference to s. 252.34(2) to conform to the
redesignation of subunits by s. 10, oh. 93-211.

163.04 Energy devices based on renewable
resources.-
(1) Notwithstanding any provision of this chapter or
other provision of general or special law, the adoption of
an ordinance by a governing body, as those terms are
defined in this chapter, which prohibits or has the effect
of prohibiting the installation of solar collectors, clothes-
lines, or other energy devices based on renewable
resources is expressly prohibited.
(2) No deed restrictions, covenants, or similar bind-
ing agreements running with the land shall prohibit or
have the effect of prohibiting solar collectors, clothes-
lines, or other energy devices based on renewable
resources from being installed on buildings erected on
the lots or parcels covered by the deed restrictions, cov-
enants, or binding agreements. A property owner may
not be denied permission to install solar collectors or
other energy devices based on renewable resources by
any entity granted the power or right in any deed restric-
tion, covenant, or similar binding agreement to approve,
forbid, control, or direct alteration of property with
respect to residential dwellings not exceeding three sto-
ries in height. For purposes of this subsection, such
entity may determine the specific location where solar
collectors may be installed on the roof within an orienta-
tion to the south or within 450 east or west of due south
provided that such determination does not impair the
effective operation of the solar collectors.
(3) In any litigation arising under the provisions of
this section, the prevailing party shall be entitled to
costs and reasonable attorney's fees.


F.S. 1995


Ch. 163






. ...........F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 1


(4) The legislative intent in enacting these provi-
sions is to protect the public health, safety, and welfare
by encouraging the development and use of renewable
resources in order to conserve and protect the value of
land, buildings, and resources by preventing the adop-
tion of measures which will have the ultimate effect,
however unintended, of driving the costs of owning and
operating commercial or residential property beyond the
capacity of private owners to maintain. This section shall
not apply to patio railings in condominiums, coopera-
tives, or apartments.
History.-s. 8, ch. 80-163; s 1, ch. 92-89; s. 14, ch. 93-249.

163.05 Small County Technical Assistance Pro-
gram.-
(1) Among small counties, the Legislature finds that:
(a) The percentage of the population of small coun-
ties residing in the unincorporated areas is relatively
high and increased substantially between 1980 and
1990.
(b) Projected revenue and expenditure trends of the
small counties indicate that a serious fiscal condition
has developed that could require a number of small
counties to declare financial emergencies.
(c) Fiscal shortfalls persist even though 13 of the
small counties levied the maximum ad valorem millage
authorized in their jurisdictions in 1990 and an additional
13 small counties levied between 8 and 10 mills.
(d) State and federal mandates will continue to
place additional funding demands on small counties.
(2) Recognizing the findings in subsection (1), the
Legislature declares that:
(a) The fiscal emergencies confronting small coun-
ties require an investment that will facilitate efforts to
improve the productivity and efficiency of small coun-
ties' structures and operating procedures.
(b) Current and additional revenue enhancements
authorized by the Legislature should be managed and
administered using appropriate management practices
and expertise.
(3) The purpose of this section is to provide techni-
cal assistance to small counties to enable them to imple-
ment workable solutions to financial and administrative
problems. As used in this section, "small county" means
a county that has a population of 50,000 or less.
(4) The Comptroller shall enter into contracts with
program providers who shall:
(a) Be a public agency or private, nonprofit corpora-
tion, association, or entity.
(b) Use existing resources, services, and informa-
tion that are available from state or local agencies, uni-
versities, or the private sector.
(c) Seek and accept funding from any public or pri-
vate source.
(d) Annually submit information to assist the Advi-
sory Council on Intergovernmental Relations in prepar-
ing a performance review that will include an analysis of
the effectiveness of the program.
(e) Assist small counties in developing alternative
revenue sources.
(f) Provide assistance to small counties in the areas
of financial management, accounting, investing, pur-
chasing, planning and budgeting, debt issuance, public


management, management systems, computers and
information technology, and public safety management.
(g) Provide for an annual independent financial audit
of the program.
(h) In each county served, conduct a needs assess-
ment upon which the assistance provided for that
county will be designed.
(5)(a) The Comptroller shall issue a request for pro-
posals to provide assistance to small counties. At the
request of the Comptroller, the Advisory Council on
Intergovernmental Relations shall assist in the prepara-
tion of the request for proposals.
(b) The Comptroller shall review each contract pro-
posal submitted.
(c) The Advisory Council on Intergovernmental Rela-
tions shall review each contract proposal and submit to
the Comptroller, in writing, advisory comments and rec-
ommendations, citing with specificity the reasons for its
recommendations.
(d) The Comptroller and the council shall consider
the following factors in reviewing contract proposals:
1. The demonstrated capacity of the provider to
conduct needs assessments and implement the pro-
gram as proposed.
2. The number of small counties to be served under
the proposal.
3. The cost of the program as specified in a pro-
posed budget.
4. The short-term and long-term benefits of the
assistance to small counties.
5. The form and extent to which existing resources,
services, and information that are available from state
and local agencies, universities, and the private sector
will be used by the provider under the contract.
(6) A decision of the Comptroller to award a contract
under this section is final and shall be in writing with a
copy provided to the Advisory Council on
Intergovernmental Relations.
(7) The Comptroller may enter into contracts and
agreements with other state and local agencies and with
any person, association, corporation, or entity other than
the program providers, for the purpose of administering
this section.
(8) The Comptroller shall provide fiscal oversight to
ensure that funds expended for the program are used
in accordance with the contracts entered into pursuant
to subsection (4).
(9) The Advisory Council on Intergovernmental Rela-
tions shall annually conduct a performance review of the
program. The findings of the review shall be presented
in a report submitted to the Governor, the President of
the Senate, the Speaker of the House of Representa-
tives, and the Comptroller by January 15 of each year.
In lieu of the performance review for 1992, the council
may submit a status report by January 15, 1993.
History.--s 5. ch. 92-309.

PART II

COUNTY AND MUNICIPAL PLANNING
AND LAND DEVELOPMENT REGULATION

163.3161 Short title; intent and purpose.


F.S. 1995


INTERGOVERNMENTALPROGRAUS


Ch 13R






Ch. 163 ITROENETLPORM ..19


163.3164 Definitions.
163.3167 Scope of act.
163.3171 Areas of authority under this act.
163.3174 Local planning agency.
163.3177 Required and optional elements of compre-
hensive plan; studies and surveys.
163.31775 Intergovernmental coordination element
criteria and rule.
163.3178 Coastal management.
163.3179 Family homestead.
163.3180 Concurrency.
163.3181 Public participation in the comprehensive
planning process; intent; alternative dis-
pute resolution.
163.3184 Process for adoption of comprehensive
plan or plan amendment.
163.3187 Amendment of adopted comprehensive
plan.
163.3189 Process for amendment of adopted com-
prehensive plan.
163.3191 Evaluation and appraisal of comprehensive
plan.
163.3194 Legal status of comprehensive plan.
163.3197 Legal status of prior comprehensive plan.
163.3201 Relationship of comprehensive plan to
exercise of land development regulatory
authority.
163.3202 Land development regulations.
163.3204 Cooperation by state and regional agen-
cies.
163.3211 Conflict with other statutes.
163.3213 Administrative review of land development
regulations.
163.3215 Standing to enforce local comprehensive
plans through development orders.
163.3220 Short title; legislative intent.
163.3221 Definitions.
163.3223 Applicability.
163.3225 Public hearings.
163.3227 Requirements of a development agree-
ment.
163.3229 Duration of a development agreement and
relationship to local comprehensive plan.
163.3231 Consistency with the comprehensive plan
and land development regulations.
163.3233 Local laws and policies governing a devel-
opment agreement.
163.3235 Periodic review of a development agree-
ment.
163.3237 Amendment or cancellation of a develop-
ment agreement.
163.3239 Recording and effectiveness of a develop-
ment agreement.
163.3241 Modification or revocation of a develop-
ment agreement to comply with subse-
quently enacted state and federal law.
163.3243 Enforcement.

163.3161 Short title; intent and purpose.-
(1) This part shall be known and may be cited as the
"Local Government Comprehensive Planning and Land
Development Regulation Act."


(2) In conformity with, and in furtherance of, the pur-
pose of the Florida Environmental Land and Water Man-
agement Act of 1972, chapter 380, it is the purpose of
this act to utilize and strengthen the existing role, pro-
cesses, and powers of local governments in the estab-
lishment and implementation of comprehensive plan-
ning programs to guide and control future development.
(3) It is the intent of this act that its adoption is nec-
essary so that local governments can preserve and
enhance present advantages; encourage the most
appropriate use of land, water, and resources, consist-
ent with the public interest; overcome present handi-
caps; and deal effectively with future problems that may
result from the use and development of land within their
jurisdictions. Through the process of comprehensive
planning, it is intended that units of local government
can preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance,
convenience, law enforcement and fire prevention, and
general welfare; prevent the overcrowding of land and
avoid undue concentration of population; facilitate the
adequate and efficient provision of transportation,
water, sewerage, schools, parks, recreational facilities,
housing, and other requirements and services; and con-
serve, develop, utilize, and protect natural resources
within their jurisdictions.
(4) It is the intent of this act to encourage and assure
cooperation between and among municipalities and
counties and to encourage and assure coordination of
planning and development activities of units of local
government with the planning activities of regional
agencies and state government in accord with applica-
ble provisions of law.
(5) It is the intent of this act that adopted compre-
hensive plans shall have the legal status set out in this
act and that no public or private development shall be
permitted except in conformity with comprehensive
plans, or elements or portions thereof, prepared and
adopted in conformity with this act.
(6) It is the intent of this act that the activities of units
of local government in the preparation and adoption of
comprehensive plans, or elements or portions therefore,
shall be conducted in conformity with the provisions of
this act.
(7) The provisions of this act in their interpretation
and application are declared to be the minimum require-
ments necessary to accomplish the stated intent, pur-
poses, and objectives of this act; to protect human, envi-
ronmental, social, and economic resources; and to main-
tain, through orderly growth and development, the char-
acter and stability of present and future land use and
development in this state.
(8) It is the intent of the Legislature that the repeal
of ss. 163.160 through 163.315 by s. 19 of chapter
85-55, Laws of Florida, shall not be interpreted to limit
or restrict the powers of municipal or county officials, but
shall be interpreted as a recognition of their broad statu-
tory and constitutional powers to plan for and regulate
the use of land. It is, further, the intent of the Legislature
to reconfirm that ss. 163.3161 through 163.3215 have
provided and do provide the necessary statutory direc-
tion and basis for municipal and county officials to carry
out their comprehensive planning and land development
regulation powers, duties, and responsibilities.


1220


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F.S. 1995







F.S.1995INTRGOVRNMETALPROGAMSCh. 163


(9) It is the intent of the Legislature that all govern-
mental entities in this state recognize and respect judi-
cially acknowledged or constitutionally protected pri-
vate property rights. It is the intent of the Legislature
that all rules, ordinances, regulations, and programs
adopted under the authority of this act must be devel-
oped, promulgated, implemented, and applied with sen-
sitivity for private property rights and not be unduly
restrictive, and property owners must be free from
actions by others which would harm their property. Full
and just compensation or other appropriate relief must
be provided to any property owner for a governmental
action that is determined to be an invalid exercise of the
police power which constitutes a taking, as provided by
law. Any such relief must be determined in a judicial
action.
History.-ss. 1, 2, ch. 75-257; ss. 1, 20. ch. 85-55; s. 1, ch. 93-206.

163.3164 Definitions.-As used in this act:
(1) "Administration Commission" means the Gover-
nor and the Cabinet, and for purposes of this chapter
the commission shall act on a simple majority vote,
except that for purposes of imposing the sanctions pro-
vided in s. 163.3184(11), affirmative action shall require
the approval of the Governor and at least three other
members of the commission.
S(2) "Area" or "area of jurisdiction" means the total
area qualifying under the provisions of this act, whether
this be all of the lands lying within the limits of an incor-
Sporated municipality, lands in and adjacent to incorpo-
rated municipalities, all unincorporated lands within a
county, or areas comprising combinations of the lands
in incorporated municipalities and unincorporated areas
of counties.
(3) "Coastal area" means the 35 coastal counties
and all coastal municipalities within their boundaries
designated coastal by the state land planning agency.
(4) "Comprehensive plan" means a plan that meets
the requirements of ss. 163.3177 and 163.3178.
(5) "Developer" means any person, including a gov-
ernmental agency, undertaking any development as
defined in this act.
(6) "Development" has the meaning given it in s.
380.04.
(7) "Development order" means any order granting,
denying, or granting with conditions an application for
a development permit.
(8) "Development permit" includes any building per-
mit, zoning permit, subdivision approval, rezoning, certi-
fication, special exception, variance, or any other official
action of local government having the effect of permit-
ting the development of land.
(9) "Governing body" means the board of county
commissioners of a county, the commission or council
of an incorporated municipality, or any other chief gov-
erning body of a unit of local government, however des-
ignated, or the combination of such bodies where joint
utilization of the provisions of this act is accomplished
as provided herein.
(10) "Governmental agency" means:
(a) The United States or any department, commis-
sion, agency, or other instrumentality thereof.
(b) This state or any department, commission,
agency, or other instrumentality thereof.


(c) Any local government, as defined in this section,
or any department, commission, agency, or other instru-
mentality thereof.
(d) Any school board or other special district, author-
ity, or governmental entity.
(11) "Land" means the earth, water, and air, above,
below, or on the surface, and includes any improve-
ments or structures customarily regarded as land.
(12) "Land use" means the development that has
occurred on the land, the development that is proposed
by a developer on the land, or the use that is permitted
or permissible on the land under an adopted compre-
hensive plan or element or portion thereof, land develop-
ment regulations, or a land development code, as the
context may indicate.
(13) "Local government" means any county or munici-
pality.
(14) "Local planning agency" means the agency des-
ignated to prepare the comprehensive plan or plan
amendments required by this act.
(15) A "newspaper of general circulation" means a
newspaper published at least on a weekly basis and
printed in the language most commonly spoken in the
area within which it circulates, but does not include a
newspaper intended primarily for members of a particu-
lar professional or occupational group, a newspaper
whose primary function is to carry legal notices, or a
newspaper that is given away primarily to distribute
advertising.
(16) "Parcel of land" means any quantity of land capa-
ble of being described with such definiteness that its
locations and boundaries may be established, which is
designated by its owner or developer as land to be used,
or developed as, a unit or which has been used or devel-
oped as a unit.
(17) "Person" means an individual, corporation, gov-
ernmental agency, business trust, estate, trust, partner-
ship, association, two or more persons having a joint or
common interest, or any other legal entity.
(18) "Public notice" means notice as required by s.
125.66(2) for a county or by s. 166.041(3)(a) for a munici-
pality. The public notice procedures required in this part
are established as minimum public notice procedures.
(19) "Regional planning agency" means the agency
designated by the state land planning agency to exer-
cise responsibilities under law in a particular region of
the state.
(20) "State land planning agency" means the Depart-
ment of Community Affairs.
(21) "Structure" has the meaning given it by s.
380.031(19).
(22) "Land development regulation commission"
means a commission designated by a local government
to develop and recommend, to the local governing body,
land development regulations which implement the
adopted comprehensive plan and to review land devel-
opment regulations, or amendments thereto, for consis-
tency with the adopted plan and report to the governing
body regarding its findings. The responsibilities of the
land development regulation commission may be per-
formed by the local planning agency.
(23) "Land development regulations" means ordi-
nances enacted by governing bodies for the regulation


F.S. 1995


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Ch. 163






Ch 1.3 IN I U1GUVtKNMbN I AL IKUUKAMb


of any aspect of development and includes any local
government zoning, rezoning, subdivision, building con-
struction, or sign regulations or any other regulations
controlling the development of land, except that this def-
inition shall not apply in s. 163.3213.
(24) "Public facilities" means major capital improve-
ments, including, but not limited to, transportation, sani-
tary sewer, solid waste, drainage, potable water, educa-
tional, parks and recreational, and health systems and
facilities, and spoil disposal sites for maintenance
dredging located in the intracoastal waterways, except
for spoil disposal sites owned or used by ports listed in
s. 403.021(9)(b).
(25) "Downtown revitalization" means the physical
and economic renewal of a central business district of
a community as designated by local government, and
includes both downtown development and redevelop-
ment.
(26) "Urban redevelopment" means demolition and
reconstruction or substantial renovation of existing
buildings or infrastructure within urban infill areas or
existing urban service areas.
(27) "Urban infill" means the development of vacant
S parcels in otherwise built-up areas where public facili-
ties such as sewer systems, roads, schools, and recre-
ation areas are already in place and the average residen-
tial density is at least five dwelling units per acre, the
Vr average nonresidential intensity is at least a floor area
ratio of 1.0 and vacant, developable land does not con-
stitute more than 10 percent of the area.
(28) "Projects that promote public transportation"
means projects that directly affect the provisions of pub-
lic transit, including transit terminals, transit lines and
routes, separate lanes for the exclusive use of public
transit services, transit stops (shelters and stations),
and office buildings or projects that include fixed-rail or
transit terminals as part of the building.
(29) "Existing urban service area" means built-up
areas where public facilities and services such as sew-
age treatment systems, roads, schools, and recreation
areas are already in place.
(30) "Transportation corridor management" means
the coordination of the planning of designated future
transportation corridors with land use planning within
and adjacent to the corridor to promote orderly growth,
to meet the concurrency requirements of this chapter,
and to maintain the integrity of the corridor for transpor-
tation purposes.
History-s. 3. ch. 75-257; s. 49, ch. 79-190; s. 10, ch. 81-167: s. 10, ch. 83-55;
s. 2, ch. 85-55; s. 3. ch. 92-129; s. 2, ch. 93-206; s. 2, ch. 95-257; s. 22, ch. 95-280;
s. 7, ch. 95-310.

163.3167 Scope of act.-
(1) The several incorporated municipalities and
counties shall have power and responsibility:
(a) To plan for their future development and growth.
(b) To adopt and amend comprehensive plans, or
elements or portions thereof, to guide their future devel-
opment and growth.
(c) To implement adopted or amended comprehen-
sive plans by the adoption of appropriate land develop-
ment regulations or elements thereof.
(d) To establish, support, and maintain administra-
tive instruments and procedures to carry out the provi-
sions and purposes of this act.


The powers and authority set out in this act may be
employed by municipalities and counties individually or
jointly by mutual agreement in accord with the provi-
sions of this act and in such combinations as their com-
mon interests may dictate and require.
(2) Each local government shall prepare a compre-
hensive plan of the type and in the manner set out in this
act or shall prepare amendments to its existing compre-
hensive plan to conform it to the requirements of this
part in the manner set out in this part. Each local govern-
ment, in accordance with the procedures in s. 163.3184,
shall submit its complete proposed comprehensive plan
or its complete comprehensive plan as proposed to be
amended to the state land planning agency by the date
specified in the rule adopted by the state land planning
agency pursuant to this subsection. The state land plan-
ning agency shall, prior to October 1, 1987, adopt a
schedule of local governments required to submit com-
plete proposed comprehensive plans or comprehensive
plans as proposed to be amended. Such schedule shall
specify the exact date of submission for each local gov-
ernment, shall establish equal, staggered submission
dates, and shall be consistent with the following time
periods:
(a) Beginning on July 1, 1988, and on or before July
1, 1990, each county that is required to include a coastal
management element in its comprehensive plan and
each municipality in such a county; and
(b) Beginning on July 1, 1989, and on or before July
1, 1991, all other counties or municipalities.
Nothing herein shall preclude the state land planning
agency from permitting by rule a county together with
each municipality in the county from submitting a pro-
posed comprehensive plan earlier than the dates estab-
lished in paragraphs (a) and (b). Any county or munici-
pality that fails to meet the schedule set for submission
of its proposed comprehensive plan by more than 90
days shall be subject to the sanctions described in s.
163.3184(11)(a) imposed by the Administration Commis-
sion. Notwithstanding the time periods established in
this subsection, the state land planning agency may
establish later deadlines for the submission of proposed
comprehensive plans or comprehensive plans as pro-
posed to be amended for a county or municipality which
has all or a part of a designated area of critical state con-
cern within its boundaries; however, such deadlines
shall not be extended to a date later than July 1, 1991,
or the time of de-designation, whichever is earlier.
(3) When a local government has not prepared all of
the required elements or has not amended its plan as
required by subsection (2), the regional planning agency
having responsibility for the area in which the local gov-
ernment lies shall prepare and adopt by rule, pursuant
to chapter 120, the missing elements or adopt by rule
amendments to the existing plan in accordance with this
act by July 1, 1989, or within 1 year after the dates speci-
fied or provided in subsection (2) and the state land
planning agency review schedule, whichever is later.
The regional planning agency shall provide at least 90
days' written notice to any local government whose plan
it is required by this subsection to prepare, prior to initi-
ating the planning process. At least 90 days before the


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INTERGOVERNMENTAL PROGRAMS Ch. 163


adoption by the regional planning agency of a compre-
hensive plan, or element or portion thereof, pursuant to
this subsection, the regional planning agency shall
transmit a copy of the proposed comprehensive plan, or
element or portion thereof, to the local government and
the state land planning agency for written comment. The
state land planning agency shall review and comment
on such plan, or element or portion thereof, in accord-
ance with s. 163.3184(6). Subsections (6), (7), and (8) of
s. 163.3184 shall be applicable to the regional planning
agency as if it were a governing body. Existing compre-
hensive plans shall remain in effect until they are
amended pursuant to subsection (2), this subsection, s.
163.3187, or s. 163.3189.
(4) A municipality established after the effective
date of this act shall, within 1 year after incorporation,
establish a local planning agency, pursuant to s.
163.3174, and prepare and adopt a comprehensive plan
of the type and in the manner set out in this act within
3 years after the date of such incorporation. A county
comprehensive plan shall be deemed controlling until
the municipality adopts a comprehensive plan in accord
with the provisions of this act. If, upon the expiration of
the 3-year time limit, the municipality has not adopted
a comprehensive plan, the regional planning agency
shall prepare and adopt a comprehensive plan for such
municipality.
(5) Any comprehensive plan, or element or portion
thereof, adopted pursuant to the provisions of this act,
which but for its adoption after the deadlines estab-
lished pursuant to previous versions of this act would
S have been valid, shall be valid.
(6) When a regional planning agency is required to
prepare or amend a comprehensive plan, or element or
portion thereof, pursuant to subsections (3) and (4), the
regional planning agency and the local government may
agree to a method of compensating the regional plan-
ning agency for any verifiable, direct costs incurred. If
an agreement is not reached within 6 months after the
date the regional planning agency assumes planning
responsibilities for the local government pursuant to
subsections (3) and (4) or by the time the plan or ele-
ment, or portion thereof, is completed, whichever is ear-
lier, the regional planning agency shall file invoices for
verifiable, direct costs involved with the governing body.
Upon the failure of the local government to pay such
invoices within 90 days, the regional planning agency
may, upon filing proper vouchers with the State Comp-
troller, request payment by the State Comptroller from
unencumbered revenue or other tax sharing funds due
such local government from the state for work actually
performed, and the State Comptroller shall pay such
vouchers; however, the amount of such payment shall
not exceed 50 percent of such funds due such local gov-
ernment in any one year.
(7) A local government that is being requested to
pay costs may seek an administrative hearing pursuant
to s. 120.57 to challenge the amount of costs and to
determine if the statutory prerequisites for payment
have been complied with. Final agency action shall be
taken by the state land planning agency. Payment shall
be withheld as to disputed amounts until proceedings
under this subsection have been completed.


(8) Nothing in this act shall limit or modify the rights
of any person to complete any development that has
been authorized as a development of regional impact
pursuant to chapter 380 or who has been issued a final
local development order and development has com-
menced and is continuing in good faith.
(9) The Reedy Creek Improvement District shall
exercise the authority of this part as it applies to munici-
palities, consistent with the legislative act under which
it was established, for the total area under its jurisdic-
tion.
(10) Nothing in this part shall supersede any provision
of ss. 341.321-341.386.
(11) Each local government is encouraged to articu-
late a vision of the future physical appearance and quali-
ties of its community as a component of its local compre-
hensive plan. The vision should be developed through
a collaborative planning process with meaningful public
participation and shall be adopted by the governing
body of the jurisdiction. Neighboring communities, espe-
cially those sharing natural resources or physical or eco-
nomic infrastructure, are encouraged to create collec-
tive visions for greater-than-local areas. Such collective
visions shall apply in each city or county only to the
extent that each local government chooses to make
them applicable. The state land planning agency shall
serve as a clearinghouse for creating a community vision
of the future and may utilize the Growth Management
Trust Fund, created by 's. 186.911, to provide grants to
help pay the costs of local visioning programs. When a
local vision of the future has been created, a local gov-
ernment should review its comprehensive plan, land
development regulations, and capital improvement pro-
gram to ensure that these instruments will help to move
the community toward its vision in a manner consistent
with this act and with the state comprehensive plan. A
local or regional vision must be consistent with the state
vision, when adopted, and be internally consistent with
the local or regional plan of which it is a component. The
state land planning agency shall not adopt minimum
criteria for evaluating or judging the form or content of
a local or regional vision.
(12) An initiative or referendum process in regard to
any development order or in regard to any local compre-
hensive plan amendment or map amendment that
affects five or fewer parcels of land is prohibited.
History-s. 4, ch. 75-257; s. 1, ch. 77-174; s. 3. ch. 85-55; s. 6, ch. 86-191; s.
1, ch. 87-338; s. 1, ch. 92-129; s. 5, ch. 93-206: s 1, ch 95-322.
'Note.-Repealed by s. 1, ch. 95-145.

163.3171 Areas of authority under this act.-
(1) A municipality shall exercise authority under this
act for the total area under its jurisdiction. Unincorpo-
rated areas adjacent to incorporated municipalities may
be included in the area of municipal jurisdiction for the
purposes of this act if the governing bodies of the
municipality and the county in which the area is located
agree on the boundaries of such additional areas, on
procedures for joint action in the preparation and adop-
tion of the comprehensive plan, on procedures for the
administration of land development regulations or the
land development code applicable thereto, and on the
manner of representation on any joint body or instru-
ment that may be created under the joint agreement.


F.S. 1995


Ch. 163


INTERGOVERNMENTALPROGRAMS






INTERGOVERNMENTAL PROGRAMS


Such joint agreement shall be formally stated and
approved in appropriate official action by the governing
bodies involved.
(2) A county shall exercise authority under this act
for the total unincorporated area under its jurisdiction or
in such unincorporated areas as are not included in any
joint agreement with municipalities established under
the provisions of subsection (1). In the case of chartered
counties, the county may exercise such authority over
municipalities or districts within its boundaries as is pro-
vided for in its charter.
(3) Combinations of municipalities within a county,
or counties, or an incorporated municipality or munici-
palities and a county or counties, or an incorporated
municipality or municipalities and portions of a county or
counties may jointly exercise the powers granted under
the provisions of this act upon formal adoption of an offi-
cial agreement by the governing bodies involved pursu-
ant to law. No such official agreement shall be adopted
by the governing bodies involved until a public hearing
on the subject with public notice has been held by each
governing body involved. The general administration of
any joint agreement shall be governed by the provisions
of s. 163.01 except that when there is conflict with this
act the provisions of this act shall govern.
History.-s. 5, ch. 75-257; s. 4, ch. 85-55; s. 8, ch. 95-310.

163.3174 Local planning agency.-
(1) The governing body of each local government,
individually or in combination as provided in s. 163.3171,
shall designate and by ordinance establish a "local plan-
ning agency," unless the agency is otherwise estab-
lished by law. The governing body may designate itself
as the local planning agency pursuant to this subsec-
tion. The governing body shall notify the state land plan-
ning agency of the establishment of its local planning
agency. All local planning agencies shall provide oppor-
. tunities for involvement by district school boards and
S applicable community college boards, which may be
accomplished by formal representation, membership on
technical advisory committees, or other appropriate
means. The local planning agency shall prepare the
comprehensive plan or plan amendment after hearings
to be held after public notice and shall make recommen-
dations to the governing body regarding the adoption or
amendment of the plan. The agency may be a local plan-
ning commission, the planning department of the local
government, or other instrumentality, including a
countywide planning entity established by special act or
a council of local government officials created pursuant
to s. 163.02, provided the composition of the council is
fairly representative of all the governing bodies in the
county or planning area; however:
(a) If a joint planning entity is in existence on the
effective date of this act which authorizes the governing
bodies to adopt and enforce a land use plan effective
throughout the joint planning area, that entity shall be
the agency for those local governments until such time
as the authority of the joint planning entity is modified
by law.
(b) In the case of chartered counties, the planning
responsibility between the county and the several
municipalities therein shall be as stipulated in the char-
ter:


(2) Nothing in this act shall prevent the governing
body of a local government that participates in creating
a local planning agency serving two or more jurisdictions
from continuing or creating its own local planning
agency. Any such governing body which continues or
creates its own local planning agency may designate
which local planning agency functions, powers, and
duties will be performed by each such local planning
agency.
(3) The governing body or bodies shall appropriate
funds for salaries, fees, and expenses necessary in the
conduct of the work of the local planning agency and
shall also establish a schedule of fees to be charged by
the agency. To accomplish the purposes and activities
authorized by this act, the local planning agency, with
the approval of the governing body or bodies and in
accord with the fiscal practices thereof, may expend all
sums so appropriated and other sums made available
for use from fees, gifts, state or federal grants, state or
federal loans, and other sources; however, acceptance
of loans must be approved by the governing bodies
involved.
(4) The local planning agency shall have the general
responsibility for the conduct of the comprehensive
planning program. Specifically, the local planning
agency shall:
(a) Be the agency responsible for the preparation of
the comprehensive plan or plan amendment and shall
make recommendations to the governing body regard-
ing the adoption or amendment of such plan. During the
preparation of the plan or plan amendment and prior to
any recommendation to the governing body, the local
planning agency shall hold at least one public hearing,
with public notice, on the proposed plan or plan amend-
ment. The governing body in cooperation with the local
planning agency may designate any agency, commit-
tee, department, or person to prepare the comprehen-
sive plan or plan amendment, but final recommendation
of the adoption of such plan or plan amendment to the
governing body shall be the responsibility of the local
planning agency.
(b) Monitor and oversee the effectiveness and sta-
tus of the comprehensive plan and recommend to the
governing body such changes in the comprehensive
plan as may from time to time be required, including
preparation of the periodic reports required by s.
163.3191.
(c) Review proposed land development regulations,
land development codes, or amendments thereto, and
make recommendations to the governing body as to the
consistency of the proposal with the adopted compre-
hensive plan, or element or portion thereof, when the
local planning agency is serving as the land develop-
ment regulation commission or the local government
requires review by both the local planning agency and
the land development regulation commission.
(d) Perform any other functions, duties, and respon-
sibilities assigned to it by the governing body or by gen-
eral or special law.
(5) All meetings of the local planning agency shall be
public meetings, and agency records shall be public rec-
ords.
History.-s. 6, ch. 75-257; s. 1. ch. 77-223; s. 5. ch. 85-55; s. 2, ch. 92-129; s.
9. ch. 95-310; s. 9. ch. 95-341.


F.S. 1995


Ch. 163





INTERGOVERNMENTAL PROGRAMS


163.3177 Required and optional elements of com-
prehensive plan; studies and surveys.-
(1) The comprehensive plan shall consist of materi-
als in such descriptive form, written or graphic, as may
be appropriate to the prescription of principles, guide-
lines, and standards for the orderly and balanced future
economic, social, physical, environmental, and fiscal
development of the area.
(2) Coordination of the several elements of the local
comprehensive plan shall be a major objective of the
planning process. The several elements of the compre-
hensive plan shall be consistent, and the comprehen-
sive plan shall be economically feasible.
(3)(a) The comprehensive plan shall contain a capi-
tal improvements element designed to consider the
need for and the location of public facilities in order to
encourage the efficient utilization of such facilities and
set forth:
1. A component which outlines principles for con-
struction, extension, or increase in capacity of public
facilities, as well as a component which outlines princi-
ples for correcting existing public facility deficiencies,
which are necessary to implement the comprehensive
plan. The components shall cover at least a 5-year
period.
2. Estimated public facility costs, including a delin-
eation of when facilities will be needed, the general loca-
tion of the facilities, and projected revenue sources to
fund the facilities.
3. Standards to ensure the availability of public
facilities and the adequacy of those facilities including.
acceptable levels of service.
(b) The capital improvements element shall be
reviewed on an annual basis and modified as necessary
in accordance with s. 163.3187 or s. 163.3189, except
that corrections, updates, and modifications concerning
costs; revenue sources; acceptance of facilities pursu-
ant to dedications which are consistent with the plan; or
the date of construction of any facility enumerated in the
capital improvements element may be accomplished by
ordinance and shall not be deemed to be amendments
to the local comprehensive plan. All public facilities shall
be consistent with the capital improvements element.
(4)(a) Coordination of the local comprehensive plan
with the comprehensive plans of adjacent municipali-
ties, the county, adjacent counties, or the region; with
adopted rules pertaining to designated areas of critical
state concern; and with the state comprehensive plan
shall be a major objective of the local comprehensive
planning process. To that end, in the preparation of a
comprehensive plan or element thereof, and in the com-
prehensive plan or element as adopted, the governing
body shall include a specific policy statement indicating
the relationship of the proposed development of the
area to the comprehensive plans of adjacent municipali-
ties, the county, adjacent counties, or the region and to
the state comprehensive plan, as the case may require
and as such adopted plans or plans in preparation may
exist.
(b) When all or a portion of the land in a local govern-
ment jurisdiction is or becomes part of a designated
area of critical state concern, the local government shall
clearly identify those portions of the local comprehen-


sive plan that shall be applicable to the critical area and
shall indicate the relationship of the proposed develop-
ment of the area to the rules for the area of critical state
concern.
(5) The comprehensive plan and its elements shall
contain policy recommendations for the implementation
of the plan and its elements.
(6) In addition to the requirements of subsections
(1)-(5), the comprehensive plan shall include the follow-
ing elements:
(a) A future land use plan element designating pro-
posed future general distribution, location, and extent of
the uses of land for residential uses, commercial uses,
industry, agriculture, recreation, conservation, educa-
tion, public buildings and grounds, other public facilities,
and other categories of the public and private uses of
land. The future land use plan shall include standards to
be followed in the control and distribution of population
densities and building and structure intensities. The pro-
posed distribution, location, and extent of the various
categories of land use shall be shown on a land use map
or map series which shall be supplemented by goals,
policies, and measurable objectives. Each land use cat-
egory shall be defined in terms of the types of uses
included and specific standards for the density or inten-
sity of use. The future land use plan shall be based upon
surveys, studies, and data regarding the area, including
the amount of land required to accommodate antici-
pated growth; the projected population of the area; the
character of undeveloped land; the availability of public
services; and the need for redevelopment, including the
renewal of blighted areas and the elimination of noncon-
forming uses which are inconsistent with the character
of the community. The future land use plan may desig-
nate areas for future planned development use involving
combinations of types of uses for which special regula-
tions may be necessary to ensure development in
accord with the principles and standards of the compre-
hensive plan and this act. The land use maps or map
series shall generally identify and depict historic district
boundaries and shall designate historically significant
properties meriting protection. The future land use ele-
ment must clearly identify the land use categories in
which public schools are an allowable use. When
delineating the land use categories in which public
schools are an allowable use, a local government shall
include in the categories sufficient land proximate to res-
idential development to meet the projected needs for
schools in coordination with public school boards and
may establish differing criteria for schools of different
type or size. Each local government shall include lands
contiguous to existing school sites, to the maximum
extent possible, within the land use categories in which
public schools are an allowable use. All comprehensive
plans must comply with this paragraph no later than
October 1, 1996. An amendment proposed by a local
government for purposes of identifying the land use cat-
egories in which public schools are an allowable use is
exempt from the limitation on the frequency of plan
amendments contained in s. 163.3187.
(b) A traffic circulation element consisting of the
types, locations, and extent of existing and proposed
major thoroughfares and transportation routes, includ-


F.S. 1995


Ch. 163






. VY ..------------------- -- 1


ing bicycle and pedestrian ways. Transportation corri-
dors, as defined in s. 334.03, may be designated in the
traffic circulation element pursuant to s. 337.273. If the
transportation corridors are designated, the local gov-
ernment may adopt a transportation corridor manage-
ment ordinance.
(c) A general sanitary sewer, solid waste, drainage,
potable water, and natural groundwater aquifer
recharge element correlated to principles and guide-
lines for future land use, indicating ways to provide for
future potable water, drainage, sanitary sewer, solid
waste, and aquifer recharge protection requirements for
the area. The element may be a detailed engineering
plan including a topographic map depicting areas of
prime groundwater recharge. The element shall
describe the problems and needs and the general facili-
ties that will be required for solution of the problems and
needs. The element shall also include a topographic
map depicting any areas adopted by a regional water
management district as prime groundwater recharge
areas for the Floridan or Biscayne aquifers, pursuant to
s. 373.0395. These areas shall be given special consid-
....- eration when the local government is engaged in zoning
or considering future land use for said designated areas.
For areas served by septic tanks, soil surveys shall be
provided which indicate the suitability of soils for septic
S tanks..
(d) A conservation element for the conservation,
use, and protection of natural resources in the area,
including air, water, water recharge areas, wetlands,
waterwells, estuarine marshes, soils, beaches, shores,
flood plains, rivers, bays, lakes, harbors, forests, fish-
S"i--. series and wildlife, marine habitat, minerals, and other
S natural and environmental resources. Local govern-
ments shall assess their current, as well as projected,
water needs and sources for a 10-year period. This infor-
S- mation shall be submitted to the appropriate agencies.
S The land use map or map series contained in the future
land use element shall generally identify and depict the
following:
1. Existing and planned waterwells and cones of
influence where applicable.
2. Beaches and shores, including estuarine sys-
tems.
3. Rivers, bays, lakes, flood plains, and harbors.
4. Wetlands.
5. Minerals and soils.
The land uses identified on such maps shall be consist-
ent with applicable state law and rules.
(e) A recreation and open space element indicating
a comprehensive system of public and private sites for
recreation, including, but not limited to, natural reserva-
tions, parks and playgrounds, parkways, beaches and
public access to beaches, open spaces, and other rec-
reational facilities.
(f)1. A housing element consisting of standards,
plans, and principles to be followed in:
a. The provision of housing for all current and antici-
pated future residents of the jurisdiction.
b. The elimination of substandard dwelling condi-
tions.
c. The structural and aesthetic improvement of
existing housing.


d. The provision of adequate sites for future hous-
ing, including housing for low-income, very low-income,
and moderate-income families, mobile homes, and
group home facilities and foster care facilities, with sup-
porting infrastructure and public facilities.
e. Provision for relocation housing and identifica-
tion of historically significant and other housing for pur-
poses of conservation, rehabilitation, or replacement.
f. The formulation of housing implementation pro-
grams.
g. The creation or preservation of affordable hous-
ing to minimize the need for additional local services and
avoid the concentration of affordable housing units only
in specific areas of the jurisdiction.
The goals, objectives, and policies of the housing ele-
ment must be based on the data and analysis prepared
on housing needs, including the affordable housing
needs assessment. State and federal housing plans pre-
pared on behalf of the local government must be
consistent with the goals, objectives, and policies of the
housing element. Local governments are encouraged to
utilize job training, job creation, and economic solutions
to address a portion of their affordable housing con-
cerns.
2. To assist local governments in housing data col-
lection and analysis and assure uniform and consistent
information regarding the state's housing needs, the
state land planning agency shall conduct an affordable
housing needs assessment for all local jurisdictions on
a schedule that coordinates the implementation of the
needs assessment with the evaluation and appraisal
reports required by s. 163.3191. Each local government
shall utilize the data and analysis from the needs
assessment as one basis for the housing element of its
local comprehensive plan. The agency shall allow a local
government the option to perform its own needs assess-
ment, if it uses the methodology established by the
agency by rule.
(g) For those units of local government identified in
s. 380.24, a coastal management element, appropriately
related to the particular requirements of paragraphs (d)
and (e) and meeting the requirements of s. 163.3178(2)
and (3). The coastal management element shall set forth
the policies that shall guide the local government's deci-
sions and program implementation with respect to the
following objectives:
1. Maintenance, restoration, and enhancement of
the overall quality of the coastal zone environment,
including, but not limited to, its amenities and aesthetic
values.
2. Continued existence of viable populations of all
species of wildlife and marine life.
3. The orderly and balanced utilization and preser-
vation, consistent with sound conservation principles, of
all living and nonliving coastal zone resources.
4. Avoidance of irreversible and irretrievable loss of
coastal zone resources.
5. Ecological planning principles and assumptions
to be used in the determination of suitability and extent
of permitted development.
6. Proposed management and regulatory tech-
niques.


1226


F.S. 1995


INTERGOVERNMENTAL PROGRAMS


Ch 1R6






F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163


7. Limitation of public expenditures that subsidize
development in high-hazard coastal areas.
8. Protection of human life against the effects of
natural disasters.
9. The orderly development and use of ports identi-
fied in s. 403.021(9) to facilitate deepwater commercial
navigation and other related activities.
10. Preservation, including sensitive adaptive use of
historic and archaeological resources.
(h)1. An intergovernmental coordination element
showing relationships and stating principles and guide-
lines to be used in coordinating the adopted compre-
hensive plan with the comprehensive plans of adjacent
municipalities, the county, adjacent counties, or the
region, and with the state comprehensive plan. This ele-
ment of the local comprehensive plan must demonstrate
consideration of the particular effects of the local plan,
when adopted, upon the development of adjacent
municipalities, the county, adjacent counties, or the
region, and upon the state comprehensive plan. The
intergovernmental coordination element must expressly
provide for:
a. A process to determine if development propos-
als would have significant impacts, as determined by
the local government in which the development is
located, on other local governments or state or regional
resources or facilities identified in the applicable state
or regional plan.
b. A process for mitigating extrajurisdictional
impacts identified pursuant to sub-subparagraph a. in
the jurisdiction in which those impacts occur, with an
option for regional mitigation when preferable, as deter-
mined by the local government in which the develop-
ment is located.
c. A dispute resolution process as established pur-
suant to s. 186.509 for bringing to closure in a timely
manner those disputes that pertain to development pro-
posals that would have impacts on adjacent local gov-
ernments or identified state or regional resources or
facilities.
d. A process to allow modification of development
orders issued pursuant to s. 380.06 consistent with the
local plan policies that implement sub-subparagraphs
a., b., and c., without a loss of recognized development
rights.
e. Procedures to identify and implement joint plan-
ning areas, especially for the purpose of annexation, and
joint infrastructure service areas.
f. Recognition of campus master plans prepared
pursuant to s. 240.155.
2. The intergovernmental coordination element
shall further state principles and guidelines to be used
in the accomplishment of coordination of the adopted
comprehensive plan with the plans of school boards and
other units of local government providing facilities and
services but not having regulatory authority over the use
of land. Each county, all the municipalities within that
county, the district school board, and service providers
in that county shall establish by interlocal or other formal
agreement executed by all affected entities, and include
in their respective plans, joint processes for collabora-
tive planning and decisionmaking on population projec-
tions and public school siting, the location and extension


of public facilities subject to concurrency, and siting
facilities with countywide significance, including locally
unwanted land uses whose nature and identity are
established in the agreement.
3. To foster coordination between special districts
and local general-purpose governments as local gener-
al-purpose governments implement local comprehen-
sive plans, each independent special district must sub-
mit a public facilities report to the appropriate local gov-
ernment as required by s. 189.415.
4. The state land planning agency shall adopt rules
that establish the minimum criteria to implement the
requirements of sub-subparagraphs l.a., b., c., and d.,
within 6 months of the effective date of this section.
Such minimum criteria must reflect the differing needs
and circumstances of smaller and rural jurisdictions.
5. The state land planning agency, in consultation
with all interested persons, shall promptly prepare
model plan elements for utilization by local governments
to implement the requirements of sub-subparagraphs
1.a., b., c., and d.
6. The state land planning agency shall establish
by rule a schedule for phased completion and transmit-
tal of plan amendments to implement sub-
subparagraphs 1.a., b., c., and d. from all jurisdictions
so as to accomplish their adoption and implementation
by December 31, 1999. The plan amendments are
exempt from the provisions of s. 163.3187(1). A local
government that elects to exercise its option to retain
the development-of-regional-impact program pursuant
to s. 380.06(27)(c) must so notify the state land planning
agency no later than the date established by the agency
for transmittal of the implementing amendments, and
must thereafter address the requirements of sub-
subparagraphs 1.a., b., c., and d., in conjunction with its
evaluation and appraisal report under s. 163.3191.
(i) The optional elements of the comprehensive
plan in paragraphs (7)(a) and (b) are required elements
for those units of local government having populations
greater than 50,000, as determined under s. 186.901.
(j) For each unit of local government within an
urbanized area designated for purposes of s. 339.175,
a transportation element, which shall be prepared and
adopted in lieu of the requirements of paragraph (b) and
paragraphs (7)(a), (b), (c), and (d) and which shall
address the following issues:
1. Traffic circulation, including major thoroughfares
and other routes, including bicycle and pedestrian
ways.
2. All alternative modes of travel, such as public
transportation, pedestrian, and bicycle travel.
3. Parking facilities.
4. Aviation, rail, seaport facilities, access to those
facilities, and intermodal terminals.
5. The availability of facilities and services to serve
existing land uses and the compatibility between future
land use and transportation elements.
6. The capability to evacuate the coastal population
prior to an impending natural disaster.
7. Airports, projected airport and aviation develop-
ment, and land use compatibility around airports.
8. An identification of land use densities, building
intensities, and transportation management programs


INTERGOVERNMENTAL PROGRAMS


Ch. 163


F.S. 1995






" ... . .. ... .. .. .. ...


to promote public transportation systems in designated
public transportation corridors so as to encourage popu-
lation densities sufficient to support such systems.
9. May include transportation corridors, as defined
in s. 334.03, intended for future transportation facilities
designated pursuant to s. 337.273. If transportation cor-
ridors are designated, the local government may adopt
a transportation corridor management ordinance.
(7) The comprehensive plan may include the follow-
ing additional elements, or portions or phases thereof:
(a) As a part of the circulation element of paragraph
(6)(b) or as a separate element, a mass-transit element
showing proposed methods for the moving of people,
rights-of-way, terminals, related facilities, and fiscal
considerations for the accomplishment of the element.
(b) As a part of the circulation element of paragraph
(6)(b) or as a separate element, plans for port, aviation,
and related facilities coordinated with the general circu-
lation and transportation element.
(c) As a part of the circulation element of paragraph
(6)(b) and in coordination with paragraph (6)(e), where
applicable, a plan element for the circulation of recre-
ational traffic, including bicycle facilities, exercise trails,
riding facilities, and such other matters as may be
related to the improvement and safety of movement of
all types of recreational traffic.
(d) As a part of the circulation element of paragraph
(6)(b) or as a separate element, a plan element for the
development of offstreet parking facilities for motor vehi-
cles and the fiscal considerations for the accomplish-
ment of the element.
(e) A public buildings and related facilities element
showing locations and arrangements of civic and com-
munity centers, public schools, hospitals, libraries,
police and fire stations, and other public buildings. This
plan element should show particularly how it is pro-
S posed to effect coordination with governmental units,
such as school boards or hospital authorities, having
public development and service responsibilities, capa-
bilities, and potential but not having land development
regulatory authority. This element may include plans for
architecture and landscape treatment of their grounds.
(f) A recommended community design element
which may consist of design recommendations for land
subdivision, neighborhood development and redevelop-
ment, design of open space locations, and similar mat-
ters to the end that such recommendations may be
available as aids and guides to developers in the future
planning and development of land in the area.
(g) A general area redevelopment element consist-
ing of plans and programs for the redevelopment of
slums and blighted locations in the area and for commu-
nity redevelopment, including housing sites, business
and industrial sites, public buildings sites, recreational
facilities, and other purposes authorized by law.
(h) A safety element for the protection of residents
and property of the area from fire, hurricane, or
manmade or natural catastrophe, including such neces-
sary features for protection as evacuation routes and
their control in an emergency, water supply require-
ments, minimum road widths, clearances around and
elevations of structures, and similar matters.


(i) An historical and scenic preservation element
setting out plans and programs for those structures or
lands in the area having historical, archaeological, archi-
tectural, scenic, or similar significance.
(j) An economic element setting forth principles and
guidelines for the commercial and industrial develop-
ment, if any, and the employment and personnel utiliza-
tion within the area. The element may detail the type of
commercial and industrial development sought, corre-
lated to the present and projected employment needs
of the area and to other elements of the plans, and may
set forth methods by which a balanced and stable eco-
nomic base will be pursued.
(k) Such other elements as may be peculiar to, and
necessary for, the area concerned and as are added to
the comprehensive plan by the governing body upon the
recommendation of the local planning agency.
(I) Local governments that are not required to pre-
pare coastal management elements under s. 163.3178
are encouraged to adopt hazard mitigation/postdisaster
redevelopment plans. These plans should, at a mini-
mum, establish long-term policies regarding redevelop-
ment, infrastructure, densities, nonconforming uses,
and future land use patterns. Grants to assist local gov-
ernments in the preparation of these hazard mitigation/
postdisaster redevelopment plans shall be available
through the Emergency Management Preparedness
and Assistance Account in the Grants and Donations
Trust Fund administered by the department, if such
account is created by law. The plans must be in compli-
ance with the requirements of this act and chapter 252.
(8) All elements of the comprehensive plan, whether
mandatory or optional, shall be based upon data appro-
priate to the element involved. Surveys and studies uti-
lized in the preparation of the comprehensive plan shall
not be deemed a part of the comprehensive plan unless
adopted as a part of it. Copies of such studies, surveys,
and supporting documents shall be made available to
public inspection, and copies of such plans shall be
made available to the public upon payment of reason-
able charges for reproduction.
(9) The state land planning agency shall, by Febru-
ary 15, 1986, adopt by rule minimum criteria for the
review and determination of compliance of the local gov-
ernment comprehensive plan elements required by this
act. Such rules shall not be subject to rule challenges
under s. 120.54(4) or to drawout proceedings under s.
120.54(17). Such rules shall become effective only after
they have been submitted to the President of the Senate
and the Speaker of the House of Representatives for
review by the Legislature no later than 30 days prior to
the next regular session of the Legislature. In its review
the Legislature may reject, modify, or take no action rela-
tive to the rules. The agency shall conform the rules to
the changes made by the Legislature, or, if no action
was taken, the agency rules shall become effective. The
rule shall include criteria for determining whether:
(a) Proposed elements are in compliance with the
requirements of part II, as amended by this act.
(b) Other elements of the comprehensive plan are
related to and consistent with each other.
(c) The local.government comprehensive plan ele-
ments are consistent with the state comprehensive plan


INTERGOVERNMENTAL PROGRAMS


F.S. 1995


Ch 16R








INTERGOVERNMENTAL PROGRAMS Ch. 163


and the appropriate regional policy plan pursuant to s.
186.508.
(d) Certain bays, estuaries, and harbors that fall
under the jurisdiction of more than one local government
are managed in a consistent and coordinated manner in
the case of local governments required to include a
coastal management element in their comprehensive
plans pursuant to paragraph (6)(g).
(e) Proposed elements identify the mechanisms and
procedures for monitoring, evaluating, and appraising
implementation of the plan. Specific measurable objec-
tives are included to provide a basis for evaluating effec-
tiveness as required by s. 163.3191.
(f) Proposed elements contain policies to guide
future decisions in a consistent manner.
(g) Proposed elements contain programs and activi-
ties to ensure that comprehensive plans are imple-
mented.
(h) Proposed elements identify the need for and the
processes and procedures to ensure coordination of all
development activities and services with other units of
local government, regional planning agencies, water
management districts, and state and federal agencies
as appropriate.
The state land planning agency may adopt procedural
rules that are consistent with this section and chapter
120 for the review of local government comprehensive
plan elements required under this section. The state
land planning agency shall provide model plans and
ordinances and, upon request, other assistance to local
governments in the adoption and implementation of
their revised local government comprehensive plans.
The review and comment provisions applicable prior to
October 1, 1985, shall continue in effect until the criteria
for review and determination are adopted pursuant to
this subsection and the comprehensive plans required
by s. 163.3167(2) are due.
(10) The Legislature recognizes the importance and
significance of chapter 9J-5, F.A.C., the Minimum
Criteria for Review of Local Government Comprehensive
Plans and Determination of Compliance of the Depart-
ment of Community Affairs that will be used to deter-
mine compliance of local comprehensive plans. The
Legislature reserved unto itself the right to review chap-
ter 9J-5, F.A.C., and to reject, modify, or take no action
relative to this rule. Therefore, pursuant to subsection
(9), the Legislature hereby has reviewed chapter 9J-5,
F.A.C., and expresses the following legislative intent:
(a) The Legislature finds that in order for the depart-
ment to review local comprehensive plans, it is neces-
sary to define the term "consistency." Therefore, for the
purpose of determining whether local comprehensive
plans are consistent with the state comprehensive plan
and the appropriate regional policy plan, a local plan
shall be consistent with such plans if the local plan is
"compatible with" and "furthers" such plans. The term
"compatible with" means that the local plan is not in con-
flict with the state comprehensive plan or appropriate
regional policy plan. The term "furthers" means to take
action in the direction of realizing goals or policies of the
state or regional plan. For the purposes of determining
consistency of the local plan with the state comprehen-


sive plan or the appropriate regional policy plan, the
state or regional plan shall be construed as a whole and
no specific goal and policy shall be construed or applied
in isolation from the other goals and policies in the plans.
(b) Each local government shall review all the state
comprehensive plan goals and policies and shall
address in its comprehensive plan the goals and policies
which are relevant to the circumstances or conditions in
its jurisdiction. The decision regarding which particular
state comprehensive plan goals and policies will be fur-
thered by the expenditure of a local government's finan-
cial resources in any given year is a decision which rests
solely within the discretion of the local government.
Intergovernmental coordination, as set forth in para-
graph (6)(h), shall be utilized to the extent required to
carry out the provisions of chapter 9J-5, F.A.C.
(c) The Legislature declares that if any portion of
chapter 9J-5, F.A.C., is found to be in conflict with chap-
ter 163, part II, the appropriate statutory provision shall
prevail.
(d) Chapter 9J-5, F.A.C., does not mandate the cre-
ation, limitation, or elimination of regulatory authority,
nor does it authorize the adoption or require the repeal
of any rules, criteria, or standards of any local, regional,
or state agency.
(e) It is the Legislature's intent that support data or
summaries thereof shall not be subject to the compli-
ance review process, but the Legislature intends that
goals and policies be clearly based on appropriate data.
The department may utilize support data or summaries
thereof to aid in its determination of compliance and
consistency. The Legislature intends that the depart-
ment may evaluate the application of a methodology uti-
lized in data collection or whether a particular methodol-
ogy is professionally accepted. However, the depart-
ment shall not evaluate whether one accepted method-
ology is better than another. Chapter 9J-5, F.A.C., shall
not be construed to require original data collection by
local governments; however, local governments are not
to be discouraged from utilizing original data so long as
methodologies are professionally accepted.
(f) The Legislature recognizes that under this sec-
tion, local governments are charged with setting levels
of service for public facilities in their comprehensive
plans in accordance with which development orders and
permits will be issued pursuant to s. 163.3202(2)(g).
Nothing herein shall supersede the authority of state,
regional, or local agencies as otherwise provided by law.
. (g) Definitions contained in chapter 9J-5, F.A.C., are
not intended to modify or amend the definitions utilized
for purposes of other programs or rules or to establish
or limit regulatory authority. Local governments may
establish alternative definitions in local comprehensive
plans, as long as such definitions accomplish the intent
of this chapter, and chapter 9J-5, F.A.C.
(h) It is the intent of the Legislature that public facili-
ties and services needed to support development shall
be available concurrent with the impacts of such devel-
opment in accordance with s. 163.3180. In meeting this
intent, public facility and service availability shall be
deemed sufficient it the public facilities and services for
a development are phased, or the development is
phased, so that the public facilities and those related


F.S. 1995


INTERGOVERNMENTAL PROGRAMS


Ch. 163


Ch. 163







.h 1-INTERGOVERNMENTAL PROGRAMS FS 19


services which are deemed necessary by the local gov-
ernment to operate the facilities necessitated by that
development are available concurrent with the impacts
of the development. The public facilities and services,
unless already available, are to be consistent with the
capital improvements element of the local comprehen-
sive plan as required by paragraph (3)(a) or guaranteed
in an enforceable development agreement. This shall
include development agreements pursuant to this chap-
ter or in an agreement or a development order issued
pursuant to chapter 380. Nothing herein shall be con-
strued to require a local government to address services
in its capital improvements plan or to limit a local govern-
ment's ability to address any service in its capital
improvements plan that it deems necessary.
(i) The department shall take into account the fac-
tors delineated in rule 9J-5.002(2), F.A.C., as it provides
assistance to local governments and applies the rule in
specific situations with regard to the detail of the data
and analysis required.
(j) Chapter 9J-5, F.A.C., has become effective pur-
suant to subsection (9). The Legislature hereby directs
the department to adopt amendments as necessary
which conform chapter 9J-5, F.A.C., with the require-
ments of this legislative intent by October 1, 1986.
(k) So that local governments are able to prepare
and adopt comprehensive plans with knowledge of the
rules that will be applied to determine consistency of the
plans with provisions of this part, it is the intent of the
Legislature that there should be no doubt as to the legal
standing of chapter 9J-5, F.A.C., at the close of the 1986
legislative session. Therefore, the Legislature declares
that changes made to chapter 9J-5, F.A.C,, prior to
October 1, 1986, shall not be subject to rule challenges
under s. 120.54(4), or to drawout proceedings under s.
120.54(17). The entire chapter 9J-5, F.A.C., as
amended, shall be subject to rule challenges under s.
S 120.56, as nothing herein shall be construed to indicate
approval or disapproval of any portion of chapter 9J-5,
F.A.C., not specifically addressed herein. No challenge
pursuant to s. 120.56 may be filed from July 1, 1987,
through April 1, 1993. Any amendments to chapter 9J-5,
F.A.C., exclusive of the amendments adopted prior to
October 1, 1986, pursuant to this act, shall be subject
to the full chapter 120 process. All amendments shall
have effective dates as provided in chapter 120 and
submission to the President of the Senate and Speaker
of the House of Representatives shall not be required.
(I) The state land planning agency shall consider
land.use compatibility issues in the vicinity of all airports
in coordination with the Department of Transportation.
(11)(a) The Legislature recognizes the need for inno-
vative planning and development strategies which will
address the anticipated demands of continued urban-
ization of Florida's coastal and other environmentally
sensitive areas, and which will accommodate the devel-
opment of less populated regions of the state which
seek economic development and which have suitable
land and water resources to accommodate growth in an
environmentally acceptable manner. The Legislature fur-
ther recognizes the substantial advantages of innova-
tive approaches to development which may better serve
to protect environmentally sensitive areas, maintain the


economic viability of agricultural and other predomi-
nantly rural land uses, and provide for the cost-efficient
delivery of public facilities and services.
(b) It is the intent of the Legislature that the local
government comprehensive plans and plan amend-
ments adopted pursuant to the provisions of this part
provide for a planning process which allows for land use
efficiencies within existing urban areas and which also
allows for the conversion of rural lands to other uses,
where appropriate and consistent with the other provi-
sions of this part and the affected local comprehensive
plans, through the application of innovative and flexible
planning and development strategies and creative land
use planning techniques, which may include, but not be
limited to, urban villages, new towns, satellite communi-
ties, area-based allocations, clustering and open space
provisions, mixed-use development, and sector plan-
ning.
(c) It is the further intent of the Legislature that local
government comprehensive plans and implementing
land development regulations shall provide strategies
which maximize the use of existing facilities and ser-
vices through redevelopment, urban infill development,
and other strategies for urban revitalization.
(d) The implementation of this subsection shall be
subject to the provisions of this chapter, chapters 186
and 187, and applicable agency rules.
(e) The department shall implement the provisions
of this subsection by rule.
History.-s. 7, ch. 75-257; s. 1. ch. 77-174; s. 1, ch. 80-154; s. 6, ch. 83-308; s.
S1, ch. 85-42; s. 6. ch. 85-55; s. 1, ch. 85-309; s. 7, ch. 86-191; s. 5, ch. 92-129; s.
6, ch.93-206; s. 898, ch. 95-147; s. 3, ch. 95-257; s. 4. ch. 95-322; s. 10,ch. 95-341.

163.31775 Intergovernmental coordination ele-
ment criteria and rule.-The state land planning agency
shall evaluate statutory provisions relating to the
intergovernmental coordination element, and shall con-
sider changes to its intergovernmental coordination ele-
ment rules, in consultation with a technical committee
of 15 members, appointed by the secretary of the state
land planning agency. The membership shall be repre-
sentative of local governments, regional planning coun-
cils, the private sector, and environmental organiza-
tions. On or before December 15, 1995, the state land
planning agency shall report to the Governor, the
Speaker of the House of Representatives, and the Presi-
dent of the Senate on its recommendations for appropri-
ate changes to the intergovernmental coordination ele-
ment criteria in this chapter and shall submit its draft of
a new intergovernmental coordination element rule. The
Legislature shall review the draft rule and may approve,
approve and modify, disapprove, or take no action on
the rule. If the Legislature approves the draft rule, or
approves and modifies the draft rule, the draft rule shall
become effective as the intergovernmental coordination
element rule. If the Legislature takes no action on the
draft rule, the state land planning agency shall promul-
gate the rule according to chapter 120. If the Legislature
disapproves the draft rule, it shall specify the guidelines
to be used by the state land planning agency in
redrafting the rule. When the intergovernmental coordi-
nation element rule is effective as provided by this sec-
tion, or has been promulgated according to chapter 120,
the intergovernmental coordination element rules pro-


INTFRnnVFRNMENTAL PROGRAIIIIS


F.S. 1995


Ch 163






T F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163


mulgated by the state land planning agency prior to
June 30, 1995, shall stand repealed.
History.-s. 5, ch. 95-322.

163.3178 Coastal management.-
(1) The Legislature recognizes there is significant
interest in the resources of the coastal zone of the state.
Further, the Legislature recognizes that, in the event of
a natural disaster, the state may provide financial assist-
ance to local governments for the reconstruction of
roads, sewer systems, and other public facilities. There-
fore, it is the intent of the Legislature that local govern-
ment comprehensive plans restrict development activi-
ties where such activities would damage or destroy
coastal resources, and that such plans protect human
life and limit public expenditures in areas that are sub-
ject to destruction by natural disaster.
(2) Each coastal management element required by
s. 163.3177(6)(g) shall be based on studies, surveys,
and data; be consistent with coastal resource plans pre-
pared and adopted pursuant to general or special law;
and contain:
(a) A land use and inventory map of existing coastal
uses, wildlife habitat, wetland and other vegetative com-
munities, undeveloped areas, areas subject to coastal
flooding, public access routes to beach and shore
resources, historic preservation areas, and other areas
of special concern to local government.
(b) An analysis of the environmental, socioeco-
nomic, and fiscal impact of development and redevelop-
ment proposed in the future land use plan, with required
infrastructure to support this development or redevelop-
ment, on the natural and historical resources of the
coast and the plans and principles to be used to control
development and redevelopment to eliminate or miti-
gate the adverse impacts on coastal wetlands; living
marine resources; barrier islands, including beach and
dune systems; unique wildlife habitat; historical and
archaeological sites; and other fragile coastal resources.
(c) An analysis of the effects of existing drainage
systems and the impact of point source and nonpoint
source pollution on estuarine water quality and the plans
and principles, including existing state and regional reg-
ulatory programs, which shall be used to maintain or
upgrade water quality while maintaining sufficient quan-
tities of water flow.
(d) A component which outlines principles for haz-
ard mitigation and protection of human life against the
effects of natural disaster, including population evacua-
tion, which take into consideration the capability to
safely evacuate the density of coastal population pro-
posed in the future land use plan element in the event
of an impending natural disaster.
(e) A component which outlines principles for pro-
tecting existing beach and dune systems from human-
induced erosion and for restoring altered beach and
dune systems.
(f) A redevelopment component which outlines the
principles which shall be used to eliminate inappropriate
and unsafe development in the coastal areas when
opportunities arise.
(g) A shoreline use component which identifies pub-
lic access to beach and shoreline areas and addresses


the need for water-dependent and water-related facili-
ties, including marinas, along shoreline areas.
(h) Designation of high-hazard coastal areas, which
for uniformity and planning purposes herein, are defined
as category 1 evacuation zones. However, application
of mitigation and redevelopment policies, pursuant to s.
380.27(2), and any rules adopted thereunder, shall be at
the discretion of local government.
(i) A component which outlines principles for pro-
viding that financial assurances are made that required
public facilities will be in place to meet the demand
imposed by the completed development or redevelop-
ment. Such public facilities will be scheduled for phased
completion to coincide with demands generated by the
development or redevelopment.
(j) An identification of regulatory and management
techniques that the local government plans to adopt or
has adopted in order to mitigate the threat to human life
and to control proposed development and redevelop-
ment in order to protect the coastal environment and
give consideration to cumulative impacts.
(k) A component which includes the comprehensive
master plan prepared by each deepwater port listed in
s. 403.021(9), which addresses existing port facilities
and any proposed expansions, and which adequately
addresses the applicable requirements of paragraphs
(a)-(k) for areas within the port. Such component shall
be submitted to the appropriate local government at
least 6 months prior to the due date of the local plan and
shall be integrated with, and shall meet all criteria speci-
fied in, the coastal management element. "The appropri-
ate local government" means the municipality having the
responsibility for the area in which the deepwater port
lies, except that where no municipality or two or more
municipalities each have responsibility for the area in
which the deepwater port lies, "the appropriate local
government" means the county which has responsibility
for the area in which the deepwater port lies. Failure by
a deepwater port which is not part of a local government
to submit its component to the appropriate local govern-
ment shall not result in a local government being subject
to sanctions pursuant to ss. 163.3184 and 163.3167.
However, a deepwater port which is not part of a local
government shall be subject to sanctions pursuant to s.
163.3184.
(3) Expansions to port harbors, spoil disposal sites,
navigation channels, turning basins, harbor berths, and
other related inwater harbor facilities within ports listed
in s. 403.021(9) shall not be developments of regional
impact where such expansions are consistent with com-
prehensive master plans that are in compliance with this
section.
(4) Improvements and maintenance of federal and
state highways that have been approved as part of a
plan approved pursuant to s. 380.045 or s. 380.05 shall
be exempt from the provisions of s. 380.27(2).
(5) The appropriate dispute resolution process pro-
vided under s. 186.509 must be used to reconcile incon-
sistencies between port master plans and local compre-
hensive plans. In recognition of the state's commitment
to deepwater ports, the growth management portion of
the state comprehensive plan must include goals, objec-
tives, and policies that establish a statewide strategy for







INTERGOVERNMENTAL PROGRAMS F. 1995


enhancement of existing deepwater ports, ensuring that
priority is given to water-dependent land uses. As an
incentive for promoting plan consistency, a deepwater
port may opt out of the development-of-regional-
impact review program if it successfully completes an
alternative comprehensive development agreement
with a local government pursuant to ss. 163.3220-
163.3243.
(6) Local governments are encouraged to adopt
countywide marina siting plans to designate sites for
existing and future marinas. The Coastal Resources
Interagency Management Committee, at the direction of
the Legislature, shall identify incentives to encourage
local governments to adopt such siting plans and uni-
form criteria and standards to be used by local govern-
ments to implement state goals, objectives, and policies
relating to marina siting. These criteria must ensure that
priority is given to water-dependent land uses. The
Coastal Resources Interagency Management Commit-
tee shall submit its recommendations regarding local
government incentives to the Legislature by December
1, 1993. Countywide marina siting plans must be
consistent with state and regional environmental plan-
ning policies and standards. Each local government in
the coastal area which participates in adoption of a
countywide marina siting plan shall incorporate the plan
into the coastal management element of its local com-
prehensive plan.
(7) Each local government in the coastal area which
has spoil disposal responsibilities shall provide for or
identify disposal sites for dredged materials in the future
land use and port elements of the local comprehensive
plan as needed to assure proper long-term manage-
ment of material dredged from navigation channels, suf-
ficient long-range disposal capacity, environmental sen-
sitivity and compatibility, and reasonable cost and trans-
portation. The disposal site selection criteria shall be
developed in consultation with navigation and inlet dis-
tricts and other appropriate state and federal agencies
and the public.
(8) Each county shall establish a county-based
process for identifying and prioritizing coastal properties
so they may be acquired as part of the state's land
acquisition programs. This process must include the
establishment of criteria for prioritizing coastal acquisi-
tions which, in addition to recognizing pristine coastal
properties and coastal properties of significant or impor-
tant environmental sensitivity, recognize hazard mitiga-
tion, beach access, beach management, urban recre-
ation, and other policies necessary for effective coastal
management.
History.-s. 7, ch. 85-55; s. 8, ch. 86-191: s. 24. ch. 87-224; s. 7, ch. 93-206; s.
899, ch. 95-147.

163.3179 Family homestead.-A local government
may include in its comprehensive plan a provision allow-
ing the use of a parcel of property solely as a homestead
by an individual who is the grandparent, parent, steppar-
ent, adopted parent, sibling, child, stepchild, adopted
child, or grandchild of the person who conveyed the par-
cel to said individual, notwithstanding the density or
intensity of use assigned to the parcel in the plan. Such
a provision shall apply only once to any individual.
History.-s. 6. ch. 92-129.


163.3180 Concurrency.-
(1)(a) Roads, sanitary sewer, solid waste, drainage,
potable water, parks and recreation, and mass transit,
where applicable, are the only public facilities and ser-
vices subject to the concurrency requirement on a state-
wide basis. Additional public facilities and services may
not be made subject to concurrency on a statewide
basis without appropriate study and approval by the
Legislature; however, any local government may extend
the concurrency requirement so that it applies to addi-
tional public facilities within its jurisdiction.
(b) If a local government elects to extend the
concurrency requirement to public schools, it should
first conduct a study to determine how the requirement
would be met and shared by all affected parties. The
local government shall provide an opportunity for full
participation in this study by the school board. The state
land planning agency may provide technical assistance
to local governments that study and prepare for exten-
sion of the concurrency requirement to public schools.
When establishing concurrency requirements for public
schools, a local government shall comply with the follow-
ing criteria for any proposed plan or plan amendment
transmitted pursuant to s. 163.3184(3) after July 1,1995:
1. Adopt level-of-service standards for public
schools with the agreement of the school board. Public
school level-of-service standards shall be adopted as
part of the capital improvements element in the local
government comprehensive plan, which shall contain a
financially feasible public school capital facilities pro-
gram established in conjunction with the school board
that will provide educational facilities at an adequate
level of service necessary to implement the adopted
local government comprehensive plan.
2. Satisfy the requirement for intergovernmental
coordination set forth in s. 163.3177(6)(h)2.
(2)(a) Consistent with public health and safety, sani-
tary sewer, solid waste, drainage, and potable water
facilities shall be in place and available to serve new
development no later than the issuance by the local gov-
ernment of a certificate of occupancy or its functional
equivalent.
(b) Consistent with the public welfare, and except
as otherwise provided in this section, parks and recre-
ation facilities to serve new development shall be in
place or under actual construction no later than 1 year
after issuance by the local government of a certificate
of occupancy or its functional equivalent. However, the
acreage for such facilities shall be dedicated or be
acquired by the local government prior to issuance by
the local government of a certificate of occupancy or its
functional equivalent, or funds in the amount of the
developer's fair share shall be committed prior to issu-
ance by the local government of a certificate of occu-
pancy or its functional equivalent.
(c) Consistent with the public welfare, and except
as otherwise provided in this section, transportation
facilities needed to serve new development shall be in
place or under actual construction no more than 3 years
after issuance by the local government of a certificate
of occupancy or its functional equivalent.
(3) Governmental entities that are not responsible
for providing, financing, operating, or regulating public


Ch. 163


INTERGOVERNMENTAL PROGRAMS


F.S. 1995






INTERGOVERNMENTAL PROGRAMS


cilities needed to serve development may not estab-
;h binding level-of-service standards on governmental
itities that do bear those responsibilities. This subsec-
an does not limit the authority of any agency to recom-
lend or make objections, recommendations, com-
ients, or determinations during reviews conducted
nder s. 163.3184.
(4) The concurrency requirement as implemented in
cal comprehensive plans applies to state and other
public facilities and development to the same extent
iat it applies to all other facilities and development, as
provided by law.
(5)(a) The Legislature finds that under limited cir-
umstances dealing with transportation facilities, coun-
arvailing planning and public policy goals may come
ito conflict with the requirement that adequate public
facilities and services be available concurrent with the
Tnpacts of such development. The Legislature further
inds that often the unintended result of the concurrency
requirement for transportation facilities is the discour-
>gement of urban infill development and redevelop-
nent. Such unintended results directly conflict with the
joals and policies of the state comprehensive plan and
:he intent of this part. Therefore, exceptions from the
:oncurrency requirement for transportation facilities
-nay be granted as provided by this subsection.
(b) A local government may grant an exception from
the concurrency requirement for transportation facilities
if the proposed development is otherwise consistent
with the adopted local government comprehensive plan
and is a project that promotes public transportation or
is located within an area designated in the comprehen-
sive plan for:
1. Urban infill development,
2. Urban redevelopment, or
3. Downtown revitalization.
(c) The Legislature also finds that developments
located within urban infill, urban redevelopment, exist-
ing urban service, or downtown revitalization areas
which pose only special part-time demands on the
transportation system should be excepted from the
concurrency requirement for transportation facilities. A
special part-time demand is one that does not have
more than 200 scheduled events during any calendar
year and does not affect the 100 highest traffic volume
hours.
(d) A local government shall establish guidelines for
granting the exceptions authorized in paragraphs (b)
and (c) in the comprehensive plan. These guidelines
must include consideration of the impacts on the Florida
Intrastate Highway System, as defined in s. 338.001. The
exceptions may be available only within the specific
geographic area of the jurisdiction designated in the
plan. Pursuant to s. 163.3184, any affected person may
challenge a plan amendment establishing these guide-
lines and the areas within which an exception could be
granted.
(6) The Legislature finds that a de minimis impact
that, alone or in combination with other similar or lesser
impacts, will not cause significant degradation of the
existing level of service on a transportation facility is
consistent with this part. A de minimis impact is one that
would not affect more than 0.1 percent of the maximum


volume at the adopted level-of-service standard of the
affected transportation facility as determined by the
local government, and that is caused by an increase in
density or intensity that is less than or equal to twice the
density or intensity of the existing land use or, in the
case of vacant land, is a density of less than 1 dwelling.
unit per quarter acre or a floor area ratio of 0.1 for nonres-
idential uses. Local governments are encouraged to
adopt methodologies to encourage de minimis impacts
on transportation facilities within an existing urban ser-
vice area, when those impacts will not in combination
exceed a significant degradation threshold of 3 percent
of the maximum volume at the adopted level-of-service
standard of the affected transportation facility based on
the adopted level-of-service standard.
(7) In order to promote infill development and rede-
velopment, one or more transportation concurrency
management areas may be designated in a local gov-
ernment comprehensive plan. A transportation
concurrency management area must be a compact geo-
graphic area with an existing network of roads where
multiple, viable alternative travel paths or modes are
available for common trips. A local government may
establish an areawide level-of-service standard for
such a transportation concurrency management area
based upon an analysis that provides for a justification
for the areawide level of service, how urban infill devel-
opment or redevelopment will be promoted, and how
mobility will be accomplished within the transportation
concurrency management area. The state land planning
agency shall amend chapter 9J-5, F.A.C., to be consist-
ent with this subsection.
(8) When assessing the transportation impacts of
proposed urban redevelopment within an established
existing urban service area, 110 percent of the actual
transportation impact caused by the previously existing
development must be reserved for the redevelopment,
even if the previously existing development has a lesser
or nonexisting impact pursuant to the calculations of the
local government. Redevelopment requiring less than
110 percent of the previously existing capacity shall not
be prohibited due to the reduction of transportation lev-
els of service below the adopted standards. This does
not preclude the appropriate assessment of fees or
accounting for the impacts within the concurrency man-
agement system and capital improvements program of
the affected local government. This paragraph does not
affect local government requirements for appropriate
development permits.
(9)(a) Each local government may adopt as a part of
its plan a long-term transportation concurrency man-
agement system with a planning period of up to 10 years
for specially designated districts where significant back-
logs exist. The plan may include interim level-of-service
standards on certain facilities and may rely on the local
government's schedule of capital improvements for up
to 10 years as a basis for issuing development permits
in these districts. It must be designed to correct existing
deficiencies and set priorities for addressing back-
logged facilities. It must be financially feasible and
consistent with other portions of the adopted local plan,
including the future land use map.


Ch. 163


S. 1995






INTERGOVERNMENTAL PROGRAMS


(b) If a local government has a transportation back-
log for existing development which cannot be ade-
quately addressed in a 10-year plan, the state land plan-
ning agency may allow it to develop a plan of up to 15
years for good and sufficient cause, based on a general
comparison between that local government and all other
similarly situated local jurisdictions, using the following
factors:
1. The extent of the backlog.
2. Whether the backlog is on local or state roads.
3. The cost of eliminating the backlog.
4. The local government's tax and other revenue-
raising efforts.
(10) With regard to facilities on the Florida Intrastate
Highway System as defined in s. 338.001, local govern-
ments shall adopt the level-of-service standard estab-
lished by the Department of Transportation by rule. For
all other roads on the State Highway System, local gov-
ernments shall establish an adequate level-of-service
standard that need not be consistent with any level-of-
service standard established by the Department of
Transportation.
(11) In order to limit the liability of local governments,
a local government may allow a landowner to proceed
with development of a specific parcel of land notwith-
standing a failure of the development to satisfy transpor-
tation concurrency, when all the following factors are
shown to exist:
(a) The local government with jurisdiction over the
property has adopted a local comprehensive plan that
is in compliance.
(b) The proposed development would be consistent
with the future land use designation for the specific
property and with pertinent portions of the adopted local
plan, as determined by the local government.
(c) The local plan includes a financially feasible capi-
tal improvements element that provides for transporta-
tion facilities adequate to serve the proposed develop-
ment, and the local government has not implemented
that element.
(d) The local government has provided a means by
which the landowner will be assessed a fair share of the
cost of providing the transportation facilities necessary
to serve the proposed development.
(e) The landowner has made a binding commitment
to the local government to pay the fair share of the cost
of providing the transportation facilities to serve the pro-
posed development.
History.-s. 8, ch. 93-206; s. 12, ch. 95-341.

163.3181 Public participation in the comprehen-
sive planning process; intent; alternative dispute reso-
lution.-
(1) It is the intent of the Legislature that the public
participate in the comprehensive planning process to
the fullest extent possible. Towards this end, local plan-
ning agencies and local governmental units are directed
to adopt procedures designed to provide effective pub-
lic participation in the comprehensive planning process
and to provide real property owners with notice of all offi-
cial actions which will regulate the use of their property.
The provisions and procedures required in this act are
set out as the minimum requirements towards this end.


(2) During consideration of the proposed plan or
amendments thereto by the local planning agency or by
the local governing body, the procedures shall provide
for broad dissemination of the proposals and alterna-
tives, opportunity for written comments, public hearings
as provided herein, provisions for open discussion, com-
munications programs, information services, and con-
sideration of and response to public comments.
(3) A local government considering undertaking a
publicly financed capital improvement project may elect
to use the procedures set forth in this subsection for the
purpose of allowing public participation in the decision
and resolution of disputes. For purposes of this subsec-
tion, a publicly financed capital improvement project is
a physical structure or structures, the funding for con-
struction, operation, and maintenance of which is
financed entirely from public funds.
(a) Prior to the date of a public hearing on the deci-
sion on whether to proceed with the proposed project,
the local government shall publish public notice of its
intent to decide the issue according to the notice proce-
dures described by s. 125.66(4)(b)2. for a county or s.
166.041(3)(c)2.b. for a municipality.
(b) If the local government chooses to use this proc-
ess, an affected person may not institute or intervene in
an administrative hearing objecting to the project as not
consistent with the local comprehensive plan unless,
and then only to the extent to which, the affected person
raised, through written or oral comments, the same
issues between the date of publication of the public
notice and the conclusion of the public hearing. How-
ever, this limitation shall not apply to issues arising
either from significant changes to the location, type, or
use of the project, or to significant new information
about the project site which becomes known after the
public hearing as a result of subsequent site study and
analysis, if required.
(c) If an affected person requests an administrative
hearing pursuant to s. 120.57, that person shall file the
petition no later than 30 days after the public hearing or
no later than 30 days after the change or new informa-
tion is made available to the public, whichever is later.
Affected local governments, the state land planning
agency, or other affected persons may intervene. Fol-
lowing the initiation of an administrative hearing, the
hearing officer shall, by order issued within 15 days after
receipt of the petition, establish a schedule for the pro-
ceedings using the timeframes for expedited review set
forth in s. 120.57(6). The state land planning agency
shall issue its final order within 45 days of receipt of the
recommended order.
(d) The doctrine of res judicata shall apply to all mat-
ters raised and disposed of in the final order issued pur-
suant to this subsection.
(4) If a local government denies an owner's request
for an amendment to the comprehensive plan which is
applicable to the property of the owner, the local govern-
ment must afford an opportunity to the owner for infor-
mal mediation or other alternative dispute resolution.
The costs of the mediation or other alternative dispute
resolution shall be borne equally by the local govern-
ment and the owner. If the owner requests mediation,
the time for bringing a judicial action is tolled until the


1234


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Ch. 163


F.S. 1995








INTERGOVERNMENTAL PROGRAMS


completion of the mediation or 120 days, whichever is
earlier.
History.-s. 8, ch. 75-257; s. 3, ch. 76-155; s. 1, ch. 77-174; s. 3, ch. 77-331; s.
9, ch. 93-206; s. 12, ch. 93-286; s. 4, ch. 95-181; s. 10, ch. 95-310.

163.3184 Process for adoption of comprehensive
plan or plan amendment.-
(1) DEFINITIONS.-As used in this section:
(a) "Affected person" includes the affected local
government; persons owning property, residing, or own-
ing or operating a business within the boundaries of the
local government whose plan is the subject of the
review; and adjoining local governments that can dem-
onstrate that the plan or plan amendment will produce
substantial impacts on the increased need for publicly
funded infrastructure or substantial impacts on areas
designated for protection or special treatment within
their jurisdiction. Each person, other than an adjoining
local government, in order to qualify under this defini-
tion, shall also have submitted oral or written comments,
recommendations, or objections to the local government
during the period of time beginning with the transmittal
hearing for the plan or plan amendment and ending with
the adoption of the plan or plan amendment.
(b) "In compliance" means consistent with the
requirements of ss. 163.3177, 163.3178, and 163.3191,
with the state comprehensive plan, with the appropriate
strategic regional policy plan, and with 'chapter 9J-5,
F.A.C., where such rule is not inconsistent with chapter
163, part II.
(2) COORDINATION.-Each comprehensive plan or
plan amendment proposed to be adopted pursuant to
this part shall be transmitted, adopted, and reviewed in
the manner prescribed in this section. The state land
planning agency shall have responsibility for plan
review, coordination, and the preparation and transmis-
sion of comments, pursuant to this section, to the local
governing body responsible for the comprehensive plan.
S(3) LOCAL GOVERNMENT TRANSMITTAL OF PRO-
POSED PLAN OR AMENDMENT.-
(a) Each local governing body shall transmit the
complete proposed comprehensive plan or plan amend-
ment to the state land planning agency, the appropriate
regional planning council and water management dis-
trict, the department, and the Department of Transpor-
tation immediately following a public hearing pursuant
to subsection (15) as specified in the state land planning
agency's procedural rules. The local governing body
shall also transmit a copy of the complete proposed
comprehensive plan or plan amendment to any other
unit of local government or government agency in the
state that has filed a written request with the governing
body for the plan or plan amendment.
(b) A local governing body shall not transmit por-
tions of a plan or plan amendment unless it has previ-
ously provided to all state agencies designated by the
state land planning agency a complete copy of its
adopted comprehensive plan pursuant to subsection (7)
and as specified in the agency's procedural rules. In the
case of comprehensive plan amendments, the local gov-
erning body shall transmit to the state land planning
agency, the appropriate regional planning council and
water management district, the department, and the


Department of Transportation the materials specified in
the state land planning agency's procedural rules and,
in cases in which the plan amendment is a result of an
evaluation and appraisal report adopted pursuant to s.
163.3191, a copy of the evaluation and appraisal report.
Local governing bodies shall consolidate all proposed
plan amendments into a single submission for each of
the two plan amendment adoption dates during the cal-
endar year pursuant to s. 163.3187.
(c) A local government may adopt a proposed plan
amendment previously transmitted pursuant to this sub-
section, unless review is requested or otherwise initi-
ated pursuant to subsection (6).
(4) INTERGOVERNMENTAL REVIEW.-If review of
a proposed comprehensive plan amendment is
requested or otherwise initiated pursuant to subsection
(6), the state land planning agency within 5 working
days of determining that such a review will be con-
ducted shall transmit a copy of the proposed plan
amendment to various government agencies, as appro-
priate, for response or comment, including, but not lim-
ited to, the department, the Department of Transporta-
tion, the water management district, and the regional
planning council, and, in the case of municipal plans, to
the county land planning agency. These governmental
agencies shall provide comments to the state land plan-
ning agency within 30 days after receipt of the proposed
plan amendment. The appropriate regional planning
council shall also provide its written comments to the
state land planning agency within 30 days after receipt
of the proposed plan amendment and shall specify any
objections, recommendations for modifications, and
comments of any other regional agencies to which the
regional planning council may have referred the pro-
posed plan amendment.
(5) REGIONAL AND COUNTY REVIEW.-The
review of the regional planning council pursuant to sub-
section (4) shall be limited to effects on regional
resources or facilities identified in the strategic regional
policy plan and extrajurisdictional impacts which would
be inconsistent with the comprehensive plan of the
affected local government. However, any inconsistency
between a local plan or plan amendment and a strategic
regional policy plan must not be the sole basis for a
notice of intent to find a local plan or plan amendment
not in compliance with this act. A regional planning
council shall not review and comment on a proposed
comprehensive plan it prepared itself unless the plan
has been changed by the local government subsequent
to the preparation of the plan by the regional planning
agency. The review of the county land planning agency
pursuant to subsection (4) shall be primarily in the con-
text of the relationship and effect of the proposed plan
amendment on any county comprehensive plan ele-
ment.
(6) STATE LAND PLANNING AGENCY REVIEW.-
(a) The state land planning agency shall review a
proposed plan amendment upon request of a regional
planning council, affected person, or local government
transmitting the plan amendment if the request is
received within 30 days after transmittal of the proposed
plan amendment pursuant to subsection (3). The
agency shall issue a report of its objections, recommen-


Ch. 163


F.S. 1995






S13 INTERGOVERNMENTAL PROGRAMS. _


dations, and comments regarding the proposed plan
amendment. A regional planning council or affected per-
son requesting a review shall do so by submitting a writ-
ten request to the agency with a notice of the request
to the local government and any other person who has
requested notice.
(b) The state land planning agency may review any
proposed plan amendment regardless of whether a
request for review has been made, if the agency gives
notice to the local government, and any other person
who has requested notice, of its intention to conduct
such a review within 30 days of transmittal of the pro-
posed plan amendment pursuant to subsection (3).
(c) The state land planning agency, upon receipt of
comments from the various government agencies pur-
suant to subsection (4), shall have 30 days to review
comments from the various government agencies along
with a local government's comprehensive plan or plan
amendment. During that period, the state land planning
agency shall transmit in writing its comments to the local
government along with any objections and any recom-
mendations for modifications. When a federal, state, or
regional agency has implemented a permitting program,
the state land planning agency shall not require a local
government to duplicate or exceed that permitting pro-
gram in its comprehensive plan or to implement such a
permitting program in its land development regulations.
Nothing contained herein shall prohibit the state land
planning agency in conducting its review of local plans
or plan amendments from making objections, recom-
mendations, and comments or making compliance
determinations regarding densities and intensities
consistent with the provisions of this part.
(7) LOCAL GOVERNMENT REVIEW OF COM-
MENTS; ADOPTION OF PLAN OR AMENDMENTS AND
TRANSMITTAL.-The local government shall review the
written comments submitted to it by the state land plan-
ning agency, and any other person, agency, or govern-
ment. Any comments, recommendations, or objections
and any reply to them shall be public documents, a part
of the permanent record in the matter, and admissible
in any proceeding in which the comprehensive plan or
plan amendment may be at issue. The local government,
upon receipt of written comments from the state land
planning agency, shall have 120 days to adopt or adopt
with changes the proposed comprehensive plan or s.
163.3191 plan amendments. In the case of comprehen-
sive plan amendments other than those proposed pur-
suant to s. 163.3191, the local government shall have 60
days to adopt the amendment, adopt the amendment
with changes, or determine that it will not adopt the
amendment. The adoption of the proposed plan or plan
amendment or the determination not to adopt a plan
amendment, other than a plan amendment proposed
pursuant to s. 163.3191, shall be made in the course of
a public hearing pursuant to subsection (15). The local
government shall transmit the adopted comprehensive
plan or adopted plan amendment to the state land plan-
ning agency as specified in the agency's procedural
rules within 10 working days after adoption. The local
governing body shall also transmit a copy of the
adopted comprehensive plan or plan amendment to the
regional planning agency and to any other unit of local


government or governmental agency in the state that
has filed a written request with the governing body for
a copy of the plan or plan amendment.
(8) NOTICE OF INTENT.-
(a) Except as provided in s. 163.3187(3), the state
land planning agency, upon receipt of a local govern-
ment's adopted comprehensive plan or plan amend-
ment, shall have 45 days for review and to determine if
the plan or plan amendment is in compliance with this
act, unless the amendment is the result of a compliance
agreement entered into under subsection (16), in which
case the time period for review and determination shall
be 30 days. If review was not conducted under subsec-
tion (6), the agency's determination must be based
upon the plan amendment as adopted. If review was
conducted under subsection (6), the agency's determi-
nation of compliance must be based only upon one or
both of the following:
1. The state land planning agency's written com-
ments to the local government pursuant to subsection
(6); or
2. Any changes made by the local government to
the comprehensive plan or plan amendment as
adopted.
(b) During the time period provided for in this sub-
section, the state land planning agency shall issue,
through a senior administrator or the secretary, as speci-
fied in the agency's procedural rules, a notice of intent
to find that the plan or plan amendment is in compliance
or not in compliance. A notice of intent shall be issued
by publication in the manner provided by this paragraph
and by mailing a copy to the local government and to
persons who request notice. The required advertise-
ment shall be no less than 2 columns wide by 10-inches
long, and the headline in the advertisement shall be in
a type no smaller than 12 point. The advertisement shall
not be placed in that portion of the newspaper where
legal notices and classified advertisements appear. The
advertisement shall be published in a newspaper which
meets the size and circulation requirements set forth in
paragraph (15)(c) and which has been designated in
writing by the affected local government at the time of
transmittal of the amendment. Publication by the state
land planning agency of a notice of intent in the newspa-
per designated by the local government shall be prima
facie evidence of compliance with the publication
requirements of this section.
(9) PROCESS IF LOCAL PLAN OR AMENDMENT IS
IN COMPLIANCE.-
(a) If the state land planning agency issues a notice
of intent to find that the comprehensive plan or plan
amendment transmitted pursuant to s. 163.3167, s.
163.3187, s. 163.3189, or s. 163.3191 is in compliance
with this act, any affected person may file a petition with
the agency pursuant to s. 120.57 within 21 days after the
publication of notice. In this proceeding, the local plan
or plan amendment shall be determined to be in compli-
ance if the local government's determination of compli-
ance is fairly debatable.
(b) The hearing shall be conducted by a hearing offi-
cer of the Division of Administrative Hearings of the
Department of Management Services, who shall hold
the hearing in the county of and convenient to the


1236


INTERGOVERNMENTAL PROGRAMS


F.S. 1995


Ch 163






INTERGOVERNMENTAL PROGRAMS Ch. 163


affected local jurisdiction and submit a recommended
order to the state land planning agency. The state land
planning agency shall allow 10 days for the filing of
exceptions to the recommended order and shall issue
a final order within 30 days after receipt of the recom-
mended order if the state land planning agency deter-
mines that the plan or plan amendment is in compliance.
If the state land planning agency determines that the
plan or plan amendment is not in compliance, the
agency shall submit, within 30 days after receipt, the
recommended order to the Administration Commission
for final agency action.
(10) PROCESS IF LOCAL PLAN OR AMENDMENT IS
NOT IN COMPLIANCE.-
(a) If the state land planning agency issues a notice
of intent to find the comprehensive plan or plan amend-
ment not in compliance with this act, the notice of intent
shall be forwarded to the Division of Administrative
Hearings of the Department of Management Services,
which shall conduct a proceeding under s. 120.57 in the
county of and convenient to the affected local jurisdic-
tion. The parties to the proceeding shall be the state
land planning agency, the affected local government,
and any affected person who intervenes. No new issue
may be alleged as a reason to find a plan or plan amend-
ment not in compliance in an administrative pleading
filed more than 21 days after publication of notice unless
the party seeking that issue establishes good cause for
not alleging the issue within that time period. Good
cause shall not include excusable neglect. In the pro-
ceeding, the local government's determination that the
comprehensive plan or plan amendment is in compli-
ance is presumed to be correct. The local government's
determination shall be sustained unless it is shown by
a preponderance of the evidence that the comprehen-
sive plan or plan amendment is not in compliance. The
Local government's determination that elements of its
plans are related to and consistent with each other shall
be sustained if the determination is fairly debatable.
(b) The hearing officer assigned by the division shall
submit a recommended order to the Administration
Commission for final agency action.
(c) Prior to the hearing, the state land planning
agency shall afford an opportunity to mediate or other-
wise resolve the dispute. If a party to the proceeding
requests mediation or other alternative dispute resolu-
tion, the hearing may not be held until the state land
planning agency advises the hearing officer in writing of
the results of the mediation or other alternative dispute
resolution. However, the hearing may not be delayed for
longer than 90 days for mediation or other alternative
dispute resolution unless a longer delay is agreed to by
the parties to the proceeding. The costs of the media-
tion or other alternative dispute resolution shall be borne
equally by all of the parties to the proceeding.
(11) ADMINISTRATION COMMISSION.-
(a) If the Administration Commission, upon a hearing
pursuant to subsection (9) or subsection (10), finds that
the comprehensive plan or plan amendment is not in
compliance with this act, the commission shall specify
remedial actions which would bring the comprehensive
plan or plan amendment into compliance. The commis-
sion may direct state agencies not to provide funds to


increase the capacity of roads, bridges, or water and
sewer systems within the boundaries of those local gov-
ernmental entities which have comprehensive plans or
plan elements that are determined not to be in compli-
ance. The commission order may also specify that the
local government shall not be eligible for grants adminis-
tered under the following programs:
1. The Florida Small Cities Community Develop-
ment Block Grant Program, as authorized by ss.
290.0401-290.049.
2. The Florida Recreation Development Assistance
Program, as authorized by chapter 375.
3. Revenue sharing pursuant to ss. 206.60, 210.20,
and 218.61 and part I of chapter 212, to the extent not
pledged to pay back bonds.
(b) If the local government is one which is required
to include a coastal management element in its compre-
hensive plan pursuant to s. 163.3177(6)(g), the commis-
sion order may also specify that the local government is
not eligible for funding pursuant to s. 161.091. The com-
mission order may also specify that the fact that the
coastal management element has been determined to
be not in compliance shall be a consideration when the
department considers permits under s. 161.053 and
when the Board of Trustees of the Internal Improvement
Trust Fund considers whether to sell, convey any inter-
est in, or lease any sovereignty lands or submerged
lands until the element is brought into compliance.
(c) Any funds from a state program withheld from a
local government pursuant to paragraphs (a) and (b) as
a sanction for noncompliance shall be deposited into the
Growth Management Trust Fund created by 2s. 186.911.
(d) The sanctions provided by paragraphs (a) and
(b) shall not apply to a local government regarding any
plan amendment, except for plan amendments that
amend plans that have not been finally determined to be
in compliance with this part, and except as provided in
s. 163.3189(2) or s. 163.3191(11).
(12) GOOD FAITH FILING.-The signature of an
attorney or party constitutes a certificate that he or she
has read the pleading, motion, or other paper and that,
to the best of his or her knowledge, information, and
belief formed after reasonable inquiry, it is not inter-
posed for any improper purpose, such as to harass or
to cause unnecessary delay, or for economic advantage,
competitive reasons, or frivolous purposes or needless
increase in the cost of litigation. If a pleading, motion, or
other paper is signed in violation of these requirements,
the hearing officer, upon motion or his or her own initia-
tive, shall impose upon the person who signed it, a rep-
resented party, or both, an appropriate sanction, which
may include an order to pay to the other party or parties
the amount of reasonable expenses incurred because
of the filing of the pleading, motion, or other paper,
including a reasonable attorney's fee.
(13) EXCLUSIVE PROCEEDINGS.-The proceedings
under this section shall be the sole proceeding or action
for a determination of whether a local government's
plan, element, or amendment is in compliance with this
act.
(14) AREAS OF CRITICAL STATE CONCERN.-No
proposed local government comprehensive plan or plan
amendment which is applicable to a designated area of


INTERGOVERNMENTAL PROGRAMS


F.S. 1995


Ch. 163






C. 163 INTERGOVERNMENTAL PROGRAMS


critical state concern shall be effective until it has been
reviewed and approved as provided in s. 380.05.
(15) PUBLIC HEARINGS.-
(a) The procedure for transmittal of a complete pro-
posed comprehensive plan or plan amendment pursu-
ant to subsection (3) and for adoption of a comprehen-
sive plan or plan amendment pursuant to subsection (7)
shall be by affirmative vote of not less than a majority of
the members of the governing body present at the hear-
ing. The adoption of a comprehensive plan or plan
amendment shall be by ordinance. For the purposes of
transmitting or adopting a comprehensive plan or plan
amendment, the notice requirements in chapters 125
and 166 are superseded by this subsection, except as
provided in this part.
(b) The local governing body shall hold at least two
advertised public hearings on the proposed comprehen-
sive plan or plan amendment as follows:
1. The first public hearing shall be held at the trans-
mittal stage pursuant to subsection (3). It shall be held
on a weekday at least 7 days after the day that the first
advertisement is published.
2. The second public hearing shall be held at the
adoption stage pursuant to subsection (7). It shall be
held on a weekday at least 5 days after the day that the
second advertisement is published.
(c) If the proposed comprehensive plan or plan
amendment changes the actual list of permitted, condi-
tional, or prohibited uses within a future-land use cate-
gory or changes the actual future land use map designa-
tion of a parcel or parcels of land, the required advertise-
ments shall be in the format prescribed by s.
125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for
a municipality.
(16) COMPLIANCE AGREEMENTS.-
(a) At any time following the issuance of a notice of
S intent to find a comprehensive plan or plan amendment
not in compliance with this part or after the initiation of
a hearing pursuant to subsection (9), the state land plan-
ning agency and the local government may voluntarily
enter into a compliance agreement to resolve one or
more of the issues raised in the proceedings. Affected
persons who have initiated a formal proceeding or have
intervened in a formal proceeding may also enter into
the compliance agreement. All parties granted interve-
nor status shall be provided reasonable notice of the
commencement of a compliance agreement negotiation
process and a reasonable opportunity to participate in
such negotiation process. Negotiation meetings with
local governments or intervenors shall be open to the
public. The state land planning agency shall provide
each party granted intervenor status with a copy of the
compliance agreement within 10 days after the agree-
ment is executed. The compliance agreement shall list
each portion of the plan or plan amendment which is not
in compliance, and shall specify remedial actions which
the local government must complete within a specified
time in order to bring the plan or plan amendment into
compliance, including adoption of all necessary plan
amendments. The compliance agreement may also
establish monitoring requirements and incentives to
ensure that the conditions of the compliance agreement
are met.


(b) Upon filing by the state land planning agency of
a compliance agreement executed by the agency and
the local government with the Division of Administrative
Hearings, any administrative proceeding under s. 120.57
regarding the plan or plan amendment covered by the
compliance agreement shall be stayed.
(c) Prior to its execution of a compliance agreement,
the local government must approve the compliance
agreement at a public hearing advertised at least 10
days before the public hearing in a newspaper of gen-
eral circulation in the area in accordance with the adver-
tisement requirements of subsection (15).
(d) A local government may adopt a plan amend-
ment pursuant to a compliance agreement in accord-
ance with the requirements of paragraph (15)(a). The
plan amendment shall be exempt from the requirements
of subsections (2) through (7). The local government
shall hold a single adoption public hearing pursuant to
the requirements of subparagraph (15)(b)2. and para-
graph (15)(c). Within 10 working days after adoption of
a plan amendment, the local government shall transmit
the amendment to the state land planning agency as
specified in the agency's procedural rules, and shall
submit one copy to the regional planning agency and to
any other unit of local government or government
agency in the state that has filed a written request with
the governing body for a copy of the plan amendment,
and one copy to any party to the s. 120.57 proceeding
granted intervenor status.
(e) The state land planning agency, upon receipt of
a plan amendment adopted pursuant to a compliance
agreement, shall issue a cumulative notice of intent
addressing both the compliance agreement amend-
ment and the plan or plan amendment that was the sub-
ject of the agreement, in accordance with subsection
(8).
(f)1. If the local government adopts a comprehensive
plan amendment pursuant to a compliance agreement
and a notice of intent to find the plan amendment in
compliance is issued, the state land planning agency
shall forward the notice of intent to the Division of
Administrative Hearings and the hearing officer shall
realign the parties in the pending s. 120.57 proceeding,
which shall thereafter be governed by the process con-
tained in paragraphs (9)(a) and (b), including provisions
relating to challenges by an affected person, burden of
proof, and issues of a recommended order and a final
order, except as provided in subparagraph 2. Parties to
the original proceeding at the time of realignment may
continue as parties without being required to file addi-
tional pleadings to initiate a proceeding, but .may timely
amend their pleadings to raise any challenge to the
amendment which is the subject of the cumulative
notice of intent, and must otherwise conform to the rules
of procedure of the Division of Administrative Hearings.
Any affected person not a party to the realigned pro-
ceeding may challenge the plan amendment which is
the subject of the cumulative notice of intent by filing a
petition with the agency as provided in subsection (9).
The agency shall forward the petition filed by the
affected person not a party to the realigned proceeding
to the Division of Administrative Hearings for consolida-
tion with the realigned proceeding.


1238


F.S. 1995 1


I


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Ch 163






INTERGOVERNMENTAL PROGRAMS


2. If any of the issues raised by the state land plan-
ning agency in the original subsection (10) proceeding
are not resolved by the compliance agreement amend-
ments, any intervenor in the original subsection (10) pro-
ceeding may require those issues to be addressed in
the pending s. 120.57 consolidated realigned proceed-
ing. As to those unresolved issues, the burden of proof
shall be governed by subsection (10).
3. If the local government adopts a comprehensive
plan amendment pursuant to a compliance agreement
and a notice of intent to find the plan amendment not
in compliance is issued, the state land planning agency
shall forward the notice of intent to the Division of
Administrative Hearings, which shall consolidate the
proceeding with the pending proceeding and immedi-
ately set a date for hearing in the pending s. 120.57 pro-
ceeding. Affected persons who are not a party to the
underlying s. 120.57 proceeding may challenge the plan
amendment adopted pursuant to the compliance agree-
ment by filing a petition pursuant to subsection (10).
(g) If the local government fails to adopt a compre-
hensive plan amendment pursuant to a compliance
agreement, the state land planning agency shall notify
the Division of Administrative Hearings, which shall set
the hearing in the pending s. 120.57 proceeding at the
earliest convenient time.
(h) This subsection does not prohibit a local govern-
ment from amending portions of its comprehensive plan
other than those which are the subject of the compli-
ance agreement. However, such amendments to the
plan may not be inconsistent with the compliance agree-
ment.
(i) Nothing in this subsection is intended to limit the
parties from entering into a compliance agreement at
any time before the final order in the proceeding is
issued, provided that the provisions of paragraph (c)
shall apply regardless of when the compliance agree-
ment is reached.
(j) Nothing in this subsection is intended to force
any party into settlement against its will or to preclude
the use of other informal dispute resolution methods,
such as the services offered by the Florida Growth Man-
agement Dispute Resolution Consortium, in the course
of or in addition to the method described in this subsec-
tion.
History.-s. 9, ch. 75-257: s. 1, ch. 77-174; s. 4, ch. 77-331; s. 7, ch. 83-308; s.
8, ch. 84-254; s. 8. ch. 85-55, s. 9. ch. 86-191; s. 7. ch. 92-129; s. 77, ch. 92-279;
s. 55, ch. 92-326: s. 10, ch. 93-206; s. 34, ch. 94-356; s. 1445, ch. 95-147; s. 5. ch.
95-181; s. 11. ch. 95-310; s. 2, ch. 95-322.
'Note.-The word "chapter" was substituted for the word "rule" by the editors to
conform to the correct citation style for the referenced material.
2Note.-Repealed by s 1, ch. 95-145.

163.3187 Amendment of adopted comprehensive
plan.-
(1) Amendments to comprehensive plans adopted
pursuant to this part may be made not more than two
times during any calendar year, except:
(a) In the case of an emergency, comprehensive
plan amendments may be made more often than twice
during the calendar year if the additional plan amend-
ment receives the approval of all of the members of the
governing body. "Emergency" means any occurrence or
threat thereof whether accidental or natural, caused by
humankind, in war or peace, which results or may result


in substantial injury or harm to the population or sub-
stantial damage to or loss of property or public funds.
(b) Any local government comprehensive plan
amendments directly related to a proposed develop-
ment of regional impact, including changes which have
been determined to be substantial deviations and
including Florida Quality Developments pursuant to s.
380.061, may be initiated by a local planning agency and
considered by the local governing body at the same
time as the application for development approval using
the procedures provided for local plan amendment in
this section and applicable local ordinances, without
regard to statutory or local ordinance limits on the fre-
quency of consideration of amendments to the local
comprehensive plan. Nothing in this subsection shall be
deemed to require favorable consideration of a plan
amendment solely because it is related to a develop-
ment of regional impact.
(c) Any local government comprehensive plan
amendments directly related to proposed small scale
development activities may be approved without regard
to statutory limits on the frequency of consideration of
amendments to the local comprehensive plan. A small
scale development amendment may be adopted only
under the following conditions:
11. The proposed amendment involves a use of 10
acres or fewer and:
a. The cumulative effect of the acreage for all small
scale development amendments adopted by the local
government shall not exceed 60 total acres annually.
b. The proposed amendment does not involve the
same property more than once a year.
c. The proposed amendment does not involve the
same owner's property within 200 feet of property
granted a change within the prior 12 months.
d. The proposed amendment does not involve a
text change to the goals, policies, and objectives of the
local government's comprehensive plan, but only pro-
poses a land use change to the future land use map for
a site-specific small scale development activity.
e. The proposed amendment is not located within
an area of critical state concern.
f. If the proposed amendment involves a residential
land use, the residential land use has a density of 10
units or less per acre.
2. A local government is not required to comply
with the requirements of s. 163.3184(15)(c), for plan
amendments pursuant to this paragraph if the local gov-
ernment complies with the provisions in s. 125.66(4)(a)
for a county or in s. 166.041(3)(c) for a municipality. If ini-
tiated by other than the local government, public notice
is required. The local government shall send copies of
the notice and amendment to the state land planning
agency, the regional planning council, and any other
person or entity requesting a copy.
3. Small scale development amendments adopted
pursuant to paragraph (1)(c) require only one public
hearing before the governing board, which shall be an
adoption hearing as described in s. 163.3184(7), and are
not subject to the requirements of s. 163.3184(3)-(6)
unless the local government elects to have them subject
to those requirements.


F.S. 1995


Ch. 163


F .S 19..... .. .....RG ...... P.. ROGRA





INTERGOVERNMENTAL PROGRAMS


(d) Any comprehensive plan amendment required
by a compliance agreement pursuant to s. 163.3184(16)
may be approved without regard to statutory limits on
the frequency of adoption of amendments to the com-
prehensive plan.
(e) A comprehensive plan amendment for location of
a state correctional facility. Such an amendment may be
made at any time and does not count toward the limita-
tion on the frequency of plan amendments.
(2) Comprehensive plans may only be amended in
such a way as to preserve the internal consistency of the
plan pursuant to s. 163.3177(2). Corrections, updates, or
modifications of current costs which were set out as part
of the comprehensive plan shall not, for the purposes of
this act, be deemed to be amendments.
(3)(a) The state land planning agency shall not
review or issue a notice of intent for small scale develop-
ment amendments which satisfy the requirements of
paragraph (1)(c). Any affected person may file a petition
with the Division of Administrative Hearings pursuant to
s. 120.57 to request a hearing to challenge the compli-
ance of a small scale development amendment with this
act within 30 days following the local government's
adoption of the amendment, shall serve a copy of the
petition on the local government, and shall furnish a
copy to the state land planning agency. A hearing officer
shall hold a hearing in the affected jurisdiction not less
than 30 days nor more than 60 days following the filing
of a petition and the assignment of a hearing officer. The
parties to a hearing held pursuant to this subsection
shall be the petitioner, the local government, and any
intervenor. In the proceeding, the local government's
determination that the small scale development amend-
ment is in compliance is presumed to be correct. The
local government's determination shall be sustained
unless it is shown by a preponderance of the evidence
that the amendment is not in compliance with the
requirements of this act. In any proceeding initiated pur-
suant to this subsection, the state land planning agency
may intervene.
(b)1. If the hearing officer recommends that the
small scale development amendment be found not in
compliance, the hearing officer shall submit the recom-
mended order to the Administration Commission for final
agency action. If the hearing officer recommends that
the small scale development amendment be found in
compliance, the hearing officer shall submit the recom-
mended order to the state land planning agency.
2. If the state land planning agency determines that
the plan amendment is not in compliance, the agency
shall submit, within 30 days following its receipt, the rec-
ommended order to the Administration Commission for
final agency action. If the state land planning agency
determines that the plan amendment is in compliance,
the agency shall enter a final order within 30 days follow-
ing its receipt of the recommended order.
(c) Small scale development amendments shall not
become effective until 31 days after adoption. If chal-
lenged within 30 days after adoption, small scale devel-
opment amendments shall not become effective until
the state land planning agency or the Administration
Commission, respectively, issues a final order determin-
ing the adopted small scale development amendment
is in compliance.


(4) Each governing body shall transmit to the state
land planning agency a current copy of its comprehen-
sive plan not later than December 1, 1985. Each govern-
ing body shall also transmit copies of any amendments
it adopts to its comprehensive plan so as to continually
update the plans on file with the state land planning
agency.
(5) Nothing in this part is intended to prohibit or limit
the authority of local governments to require that a per-
son requesting an amendment pay some or all of the
cost of public notice.
(6) No local government may amend its comprehen-
sive plan after the date established by rule for submittal
of its evaluation and appraisal report unless it has sub-
mitted its report or addendum to the state land planning
agency as prescribed by s. 163.3191, except for plan
amendments to implement recommendations in the
report or addendum. When the agency has determined
that the report or addendum has sufficiently addressed
all pertinent provisions of s. 163.3191, the local govern-
ment may proceed with plan amendments in addition to
those necessary to implement recommendations in the
report or addendum.
(7) The state land planning agency shall consider an
increase in the annual total acreage threshold for small
scale amendments, particularly with regard to the
unique characteristics among the various local govern-
ments, and shall report its review to the Governor, the
Speaker of the House of Representatives, and the Presi-
dent of the Senate on or before January 15, 1996.
Hnstory.-s. 10, ch. 75-257; s. 1, ch. 77-174; s. 5, ch. 77-331; s. 9, ch. 85-55; s.
10, ch. 86-191: s. 8, ch. 92-129; s. 11, ch. 93-206; s. 4, ch. 94-273; s. 1446. ch.
95-147; s. 12. ch. 95-310; s. 3, ch. 95-322; s. 5, ch. 95-396.
'Note.-As amended by s. 5, ch. 95-396. This version is published here as the last
expression of legislative will (see Journal of the House of Representatives 1995, p.
1795, and Journal of the Senate 1995, p. 728). Subparagraph (1(c)l. was also
amended by s. 3, ch. 95-322, and that version reads:
1. The proposed amendment involves a residential land use of 10 acres or fewer.
with a density of 10 units per acre or less, singularly or in combination with any other
land use category not to exceed 10 acres in total, and:
a. The cumulative effect of the acreage for all small scale development amend-
ments adopted by the local government shall not exceed 60 total acres annually.
b. The proposed amendment does not involve the same property more than
once a year
c. The proposed amendment does not involve the same owner's property within
200 feet of property granted a change within the prior 12 months.
d. The proposed amendment does not involve a text change to the goals, poli-
cies, and objectives of the local government's comprehensive plan, but only pro-
poses a land use change to the future land use map for a stte-specific small scale
development activity.
e. The proposed amendment is not located within an area of critical state con-
cern.

163.3189 Process for amendment of adopted com-
prehensive plan.-
(1) The procedure for amendment of an adopted
comprehensive plan or plan element which has been
found to be in compliance shall be solely as prescribed
by this section.
(2) A local government which has a comprehensive
plan that has been found to be in compliance may
amend its comprehensive plan as set forth in s.
163.3184, with the following exceptions:
(a) Plan amendments shall not become effective
until the state land planning agency issues a final order
determining the adopted amendment to be in compli-
ance in accordance with s. 163.3184(9), or until the
Administration Commission issues a final order deter-
mining the adopted amendment to be in compliance in
accordance with s. 163.3184(10).


1240


Ch. 163


F.S. 1995






F.S. 195ITROENETLPORM h 6


(b) If the Administration Commission, upon a hearing
pursuant to s. 163.3184, finds that the adopted plan
amendment is not in compliance, the commission shall
specify actions that would bring the plan amendment
into compliance, and may specify the sanctions pro-
vided in s. 163.3184(11) to which the local government
will be subject if it elects to make the amendment effec-
tive notwithstanding the determination of noncompli-
ance. However, after the final order of the commission,
the local government, by resolution at a public meeting
after public notice, may elect to make the amendment
effective and be subject to sanctions pursuant to s.
163.3184(11). If the local government enacts the reme-
dial actions specified in the commission's final order, the
local government shall no longer be subject to sanc-
tions.
(3)(a) At any time after the department has issued
its notice of intent and the matter has been forwarded
to the Division of Administrative Hearings, the local gov-
ernment proposing the amendment may demand formal
mediation or the local government proposing the
amendment or an affected person who is a party to the
proceeding may demand informal mediation or
expeditious resolution of the amendment proceedings
by. serving written notice on the state land planning
agency, all other parties to the proceeding, and the
hearing officer.
(b) Upon receipt of a notice pursuant to paragraph
(a), the hearing officer shall set the matter for final hear-
ing no more than 30 days after receipt of the notice.
Once a final hearing pursuant to this paragraph has
been set, no continuance in the hearing, and no addi-
tional time for post-hearing submittals, may be granted
without the written agreement of the parties absent a
finding by the hearing officer of extraordinary circum-
stances. Extraordinary circumstances do not include
matters relating to workload or need for additional time
for preparation or negotiation.
(c) Absent a showing of extraordinary circum-
stances, the Administration Commission shall issue a
final order, in a case proceeding under this subsection,
within 45 days after the issuance of the recommended
order, unless the parties agree in writing to a longer
time.
History.-s. 9. ch. 92-129; s. 12, ch. 93-206.

163.3191 Evaluation and appraisal of comprehen-
sive plan.-
(1) The planning program shall be a continuous and
ongoing process. The local planning agency shall pre-
Spare periodic reports on the comprehensive plan, which
shall be sent to the governing body and to the state land
planning agency at least once every 5 years after the
adoption of the comprehensive plan. Reports may be
transmitted at lesser intervals as may be required or
upon request of the governing body. It is the intent of
this act that adopted comprehensive plans be periodi-
cally updated as provided by this section through the
evaluation and appraisal report. The evaluation and
appraisal report process shall be the principal process
for updating local comprehensive plans to reflect
changes in state policy on planning and growth man-
agement.
1:


(2) The report shall present an assessment and eval-
uation of the success or failure of the comprehensive
plan, or element or portion thereof, and shall contain
appropriate statements (using words, maps, illustra-
tions, or other forms) related to:
(a) The major problems of development, physical
deterioration, and the location of land uses and the
social and economic effects of such uses in the area.
(b) The condition of each element in the comprehen-
sive plan at the time of adoption and at date of report.
(c) The comprehensive plan objectives as com-
pared with actual results at date of report.
(d) The extent to which unanticipated and unfore-
seen problems and opportunities occurred between
date of adoption and date of report.
(e) The effect on the comprehensive plan of
changes to: the state comprehensive plan, the require-
ments of this part, the minimum criteria contained in
chapter 9J-5, F.A.C., and the appropriate strategic
regional policy plan.
(f) The identification of any actions that are taken or
need to be taken to address the planning issues identi-
fied in the report.
(g) Proposed or anticipated plan amendments nec-
essary to address or implement the identified changes.
(h) A description of the public participation process
used by the local government in preparing the report.
(3) The report shall also suggest changes needed to
update the comprehensive plan, or elements or portions
thereof, including reformulated objectives, policies, and
standards. Local governments are encouraged to use
the report process to develop a local vision that could
serve as one basis for revision of the local comprehen-
sive plan consistent with the requirements of this act.
(4) The governing body shall adopt, or adopt with
changes, the report or portions thereof within 90 days
after receiving it from the local planning agency. The
governing body shall amend its comprehensive plan
based on the recommendations contained in the
adopted evaluation and appraisal report, pursuant to the
procedures in ss. 163.3184, 163.3187, and 163.3189.
Amendments to the plan and the adoption of the report
may be simultaneous. When amendments to the plan do
not occur simultaneously with the adoption of the evalu-
ation and appraisal report, the report shall contain a
schedule for adoption of proposed amendments within
1 year after the report is adopted, except that the state
land planning agency may grant a 6-month extension
for adoption of such plan amendments if the request is
justified by good and sufficient cause as determined by
the agency. The report shall be transmitted to the state
land planning agency, with the related amendments
when the amendments are transmitted pursuant to s.
163.3184.
(5) The first periodic report for each local govern-
ment shall be prepared not later than 7 years after the
adoption of the comprehensive plan. Every other peri-
odic report shall be prepared not more than an addi-
tional 5 years thereafter.
(6)(a) The report shall include findings and recom-
mendations with respect to the requirements of subsec-
tions (2) and (3).


Ch. 163


F.S. 1995


-r


INTERGOVERNMENTAL PROGRAMS





Ch. 163 INTERGOVERNMENTAL PROGRAMSF..15


(b) If the plan amendments to implement recommen-
dations in the evaluation and appraisal report are sub-
mitted subsequent to submittal of the report, the
amendments must be consistent with the findings and
recommendations of the report.
(7) Notwithstanding the provisions of subsection (5),
a municipality with less than 2,500 residents shall submit
its initial report no later than 12 years after adoption of
its plan pursuant to chapter 9J-5, F.A.C., and at least
every 10 years thereafter. The assessment of the munici-
pality's local plan in responding to statutory or other pol-
icy changes shall be made when it adopts a plan amend-
ment which directly relates to the pertinent change, or
in conjunction with submittal of a report.
(8) The state land planning agency is authorized to
adopt by rule a phased schedule for submittal of
reports. A local government may transmit its report in
advance of the submittal date set by rule if it gives the
agency and the public adequate notice as prescribed by
rule. If a local government has submitted its report in
advance of the established submittal date, the local gov-
ernment shall submit on its due date an addendum to
address relevant changes in the state comprehensive
plan, this part, the minimum requirements in chapter
9J-5, F.A.C., and the appropriate strategic regional pol-
icy plan made subsequent to submittal of the report. The
schedule for completion and transmittal of plan amend-
ments to implement the intergovernmental coordination
element of s. 163.3177(6)(h)1.a., b., c., and d. shall not
be dependent upon nor established by the rule author-
ized by this subsection.
(9) The state land planning agency shall conduct a
sufficiency review of each report to determine whether
it has been submitted in a timely fashion and contains
the prescribed components. The agency shall complete
the sufficiency determination within 60 days of receipt
of the report. The agency shall not conduct a compli-
ance review.
(10) The state land planning agency may delegate
the review of reports to the appropriate regional plan-
ning council. When the review has been delegated to a
regional planning council, any local government in the
region may elect to have its report reviewed by the coun-
cil rather than the agency. The agency shall adopt rules
for uniform and adequate review of reports and shall
retain oversight for any delegation of review to a regional
planning council. Any plan amendment recommended
by the report shall be reviewed by the agency pursuant
to s. 163.3184 and be adopted by the local government
pursuant to s. 163.3189.
(11) The Administration Commission may impose the
sanctions provided by s. 163.3184(11) against any local
government that fails to implement its report through
timely and sufficient amendments to its local plan
except for reasons of excusable delay. Sanctions shall
be prospective only and begin after a final order has
been issued by the Administration Commission and a
reasonable period of time has been allowed for the local
government to comply with an adverse determination by
the Administration Commission through adoption of
plan amendments that are in compliance. The state land
planning agency may initiate, and an affected person
may intervene in, such a proceeding by filing a petition


with the Division of Administrative Hearings, which shall
appoint a hearing officer and conduct a hearing pursu-
ant to s. 120.57(1) and submit a recommended order to
the Administration Commission. The commission may
implement this subsection by rule.
(12)(a) The state land planning agency may enter into
a written agreement with a municipality of fewer than
5,000 residents or a county with fewer than 50,000 resi-
dents so that such a jurisdiction may focus planning
resources on selected issues or elements when updat-
ing its plan, if the local government includes such a
request in its report and the agency approves the
request. Approval of the request does not authorize the
local government to repeal or render ineffective any
existing portion or element of its local plan.
(b) In evaluating a request to address selected local
planning issues or elements, the state land planning
agency shall consider the following factors:
1. Population growth rate or changes in land area
since adoption of the chapter 9J-5, F.A.C., plan update.
2. The extent of vacant and developable land and
land vested for development.
3. The need for redevelopment.
4. The extent to which public services and facilities
for residents are supplied by providers other than the
local government.
5. Past performance in local plan implementation.
6. Presence in the jurisdiction of natural resources
with state or regional significance as identified in the
applicable state or regional plans.
7. Infrastructure backlog.
(c) The agreement shall set forth the findings that
are the basis for the decision and the portions or ele-
ments of the plan to be updated and those not to be
updated. It shall provide that, within 18 months of termi-
nation, the local government shall adopt plan amend-
ments that would update any portion or element of the
local plan which was not previously updated pursuant
to the agreement. The agreement shall be approved by
the local government after a public hearing.
(d) Any local government that enters into an agree-
ment to target its planning resources pursuant to this
subsection shall update and amend its local plan in full
when the local government exceeds the population
criteria provided in this subsection. For the purposes of
this subsection, the population of the municipality or
county shall be the most recent estimate determined by
the Executive Office of the Governor pursuant to s.
186.901.
(e) Notwithstanding any provision of this subsection
to the contrary, all local governments shall update their
future land use element, intergovernmental coordination
element, conservation element, and capital improve-
ments element. Each local government in the coastal
area shall update its coastal management element
unless the local government can show that its coastal
lands are publicly owned or managed, there is no public
access to coastal lands, and there is no existing or
planned development in coastal lands.
(f) The state land planning agency's decision to
grant, modify, or terminate a written agreement on local
planning requirements authorized by this subsection
shall be subject to a formal administrative hearing pursu-


1242


Ch. 163


INTERGOVERNMENTAL PROGRAMS


F.S. 1995






....19INTERGOVERNMENTAL PROGRAMS Ch 163


ant to s. 120.57(1) upon petition by an affected person
as defined in s. 163.3184(1).
(13) When an interagency hazard mitigation report is
prepared in response to a Presidential Disaster Declara-
tion, its recommendations may be incorporated into a
local comprehensive plan, as deemed appropriate by
the applicable local government, when the plan is
revised during the evaluation and appraisal report proc-
ess.
History.-s. 11. ch. 75-257; s. 10, ch. 85-55; s. 11, ch. 86-191; s. 10, ch. 92-129;
s. 13, ch. 93-206; s. 6, ch. 95-322.

163.3194 Legal status of comprehensive plan.-
(1)(a) After a comprehensive plan, or element or por-
tion thereof, has been adopted in conformity with this
act, all development undertaken by, and all actions
taken in regard to development orders by, governmental
agencies in regard to land covered by such plan or ele-
ment shall be consistent with such plan or element as
adopted.
(b) All land development regulations enacted or
amended shall be consistent with the adopted compre-
hensive plan, or element or portion thereof, and any land
development regulations existing at the time of adoption
which are not consistent with the adopted comprehen-
sive plan, or element or portion thereof, shall be
amended so as to be consistent. If a local government
allows an existing land development regulation which is
inconsistent with the most recently adopted compre-
hensive plan, or element or portion thereof, to remain in
effect, the local government shall adopt a schedule for
bringing the land development regulation into conform-
ity with the provisions of the most recently adopted com-
prehensive plan, or element or portion thereof. During
the interim period when the provisions of the most
recently adopted comprehensive plan, or element or
portion thereof, and the land development regulations
are inconsistent, the provisions of the most recently
adopted comprehensive plan, or element or portion
thereof, shall govern any action taken in regard to an
application for. a development order.
(2) After a comprehensive plan for the area, or ele-
ment or portion thereof, is adopted by the governing
body, no land development regulation, land develop-
ment code, or amendment thereto shall be adopted by
the governing body until such regulation, code, or
amendment has been referred either to the local plan-
ning agency or to a separate land development regula-
tion commission created pursuant to local ordinance, or
to both, for review and recommendation as to the rela-
tionship of such proposal to the adopted comprehensive
plan, or element or portion thereof. Said recommenda-
tion shall be made within a reasonable time, but no later
than within 2 months after the time of reference. If a rec-
ommendation is not made within the time provided, then
the governing body may act on the adoption.
(3)(a) A development order or land development
regulation shall be consistent with the comprehensive
plan if the land uses, densities or intensities, and other
aspects of development permitted by such order or reg-
ulation are compatible with and further the objectives,
policies, land uses, and densities or intensities in the
comprehensive plan and if it meets all other criteria enu-
merated by the local government.


(b) A development approved or undertaken by a
local government shall be consistent with the compre-
hensive plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of the devel-
opment are compatible with and further the objectives,
policies, land uses, and densities or intensities in the
comprehensive plan and if it meets all other criteria enu-
merated by the local government.
(4)(a) A court, in reviewing local governmental
action or development regulations under this act, may
consider, among other things, the reasonableness of the
comprehensive plan, or element or elements thereof,
relating to the issue justiciably raised or the appropriate-
ness and completeness of the comprehensive plan, or
element or elements thereof, in relation to the govern-
mental action or development regulation under consid-
eration. The court may consider the relationship of the
comprehensive plan, or element or elements thereof, to
the governmental action taken or the development regu-
lation involved in litigation, but private property shall not
be taken without due process of law and the payment
of just compensation.
(b) It is the intent of this act that the comprehensive
plan set general guidelines and principles concerning its
purposes and contents and that this act shall be con-
strued broadly to accomplish its stated purposes and
objectives.
(5) The tax-exempt status of lands classified as
agricultural under s. 193.461 shall not be affected by any
comprehensive plan adopted under this act as long as
the land meets the criteria set forth in s. 193.461.
History.-s. 12, ch. 75-257; s. 1, ch. 77-174; s. 2, ch. 77-223; s. 12, ch. 80-358;
s. 69. ch. 81-259; s. 11, ch. 85-55.

163.3197 Legal status of prior comprehensive
plan.-Where, prior to the adoption of a revised plan
pursuant to s. 163.3167(2), a local government had
adopted a comprehensive plan, or element or portion
thereof, such adopted plan, or element or portion
thereof, shall have such force and effect as it had at the
date of adoption until a new comprehensive plan, or ele-
ment or portion thereof, is adopted by or for such local
government pursuant to the provisions of this act. The
prior adopted plan, or element or portion thereof, may
be the basis for meeting the requirement of comprehen-
sive plan adoption set out in this act, provided all
requirements of this act are met.
History.-s. 13. ch. 75-257; s. 12. ch. 85-55.

163.3201 Relationship of comprehensive plan to
exercise of land development regulatory authority.-It
is the intent of this act that adopted comprehensive
plans or elements thereof shall be implemented, in part,
by the adoption and enforcement of appropriate local
regulations on the development of lands and waters
within an area. It is the intent of this act that the adoption
and enforcement by a governing body of regulations for
the development of land or the adoption and enforce-
ment by a governing body of a land development code
for an area shall be based on, be related to, and be a
means of implementation for an adopted comprehen-
sive plan as required by this act.
History.-s. 14, ch. 75-257; s. 13, ch 85-55.


'I
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F.S. 1995


INTERGOVERNMENTALPROGRA~IS


Ch. 163






Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1995


163.3202 Land development regulations.-
(1) Within 1 year after submission of its revised com-
prehensive plan for review pursuant to s. 163.3167(2),
each county, each municipality required to include a
coastal management element in its comprehensive plan
pursuant to s. 163.3177(6)(g), and each other municipal-
ity in this state shall adopt or amend and enforce land
development regulations that are consistent with and
implement their adopted comprehensive plan.
(2) Local land development regulations shall contain
specific and detailed provisions necessary or desirable
to implement the adopted comprehensive plan and shall
as a minimum:
(a) Regulate the subdivision of land;
(b) Regulate the use of land and water for those land
use categories included in the land use element and
ensure the compatibility of adjacent uses and provide
for open space;
(c) Provide for protection of potable water wellfields;
(d) Regulate areas subject to seasonal and periodic
flooding and provide for drainage and stormwater man-
agement;
(e) Ensure the protection of environmentally sensi-
tive lands designated in the comprehensive plan;
(f) Regulate signage;
(g) Provide that public facilities and services meet or
exceed the standards established in the capital
improvements element required by s. 163.3177 and are
available when needed for the development, or that
development orders and permits are conditioned on the
availability of these public facilities and services neces-
sary to serve the proposed development. Not later than
1 year after its due date established by the state land
planning agency's rule for submission of local compre-
hensive plans pursuant to s. 163.3167(2), a local govern-
ment shall not issue a development order or permit
which results in a reduction in the level of services for
the affected public facilities below the level of services
provided in the comprehensive plan of the local govern-
ment.
(h) Ensure safe and convenient onsite traffic flow,
considering needed vehicle parking.
(3) This section shall be construed to encourage the
use of innovative land development regulations which
include provisions such as transfer of development
rights, incentive and inclusionary zoning, planned-unit
development, impact fees, and performance zoning.
These and all other such regulations shall be combined
and compiled into a single land development code for
the jurisdiction. A general zoning code shall not be
required if a local government's adopted land develop-
ment regulations meet the requirements of this section.
(4) The state land planning agency may require a
local government to submit one or more land develop-
ment regulations, if it has reasonable grounds to believe
that a local government has totally failed to adopt any
one or more of the land development regulations
required by this section. If the state land planning
agency determines after review and consultation with
local government that the local government has failed to
adopt regulations required by this section, it may insti-
tute an action in circuit court to require adoption of these
regulations. This action shall not review compliance of


adopted regulations with this section or consistency
with locally adopted plans.
(5) The state land planning agency shall adopt rules
for review of land development regulations.
(6) Local land development regulations to imple-
ment the provisions of s. 163.3177(6)(h)1.a., b., c., and
d. must be adopted by each local government and be
effective no later than December 31, 1999. The regula-
tions may not be submitted to the state land planning
agency and are not otherwise subject to state review or
approval except as provided by s. 163.3213.
History.-s. 14, ch. 85-55; s. 12, ch. 86-191; s. 14, ch. 93-206; s. 7, ch. 95-322.

163.3204 Cooperation by state and regional agen-
cies.-The Department of Community Affairs and any
ad hoc working groups appointed by the department
and all state and regional agencies involved in the
administration and implementation of this act shall coop-
erate and work with units of local government in the
preparation and adoption of comprehensive plans, or
elements or portions thereof, and of local land develop-
ment regulations.
History.-s. 15, ch. 75-257; s. 3, ch. 79-65; s. 11, ch. 83-216; s. 16, ch. 85-55.

163.3211 Conflict with other statutes.-Where this
act may be in conflict with any other provision or provi-
sions of law relating to local governments having author-
ity to regulate the development of land, the provisions
of this act shall govern unless the provisions of this act
are met or exceeded by such other provision or provi-
sions of law relating to local government, including land
development regulations adopted pursuant to chapter
125 or chapter 166. Nothing in this act is intended to
withdraw or diminish any legal powers or responsibilities
of state agencies or change any requirement of existing
law that local regulations comply with state standards
or rules.
History.-s. 17, ch. 75-257; s. 17, ch. 85-55; s. 25, ch. 87-224.

163.3213 Administrative review of land develop-
ment regulations.-
(1) It is the intent of the Legislature that substantially
affected persons have the right to maintain administra-
tive actions which assure that land development regula-
tions implement and are consistent with the local com-
prehensive plan.
(2) As used in this section:
(a) "Substantially affected person" means a substan-
tially affected person as provided pursuant to chapter
120.
(b) "Land development regulation" means an ordi-
nance enacted by a local governing body for the regula-
tion of any aspect of development, including a subdivi-
sion, building construction, landscaping, tree protec-
tion, or sign regulation or any other regulation concern-
ing the development of land. This term shall include a
general zoning code, but shall not include a zoning map,
an action which results in zoning or rezoning of land, or
any building construction standard adopted pursuant to
and in compliance with the provisions of chapter 553.
(3) After the deadline specified in s. 163.3202 for
each local government to adopt land development regu-
lations, a substantially affected person, within 12
months after final adoption of the land development reg-


1244


Ch. 163


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F.S. 1995






SF.S. 1995


ulation, may challenge a land development regulation on
the basis that it is inconsistent with the local comprehen-
sive plan. As a condition precedent to the institution of
a proceeding pursuant to subsection (4), such affected
person shall file a petition with the local government
whose land development regulation is the subject of the
petition outlining the facts on which the petition is based
and the reasons that the substantially affected person
considers the land development regulation to be incon-
sistent with the local comprehensive plan. The local gov-
ernment receiving the petition shall have 30 days after
the receipt of the petition to respond. Thereafter, the
substantially affected person may petition the state land
planning agency not later than 30 days after the local
government has responded or at the expiration of the
30-day period which the local government has to
respond. The local government and the petitioning, sub-
stantially affected person may by agreement extend the
30-day time period within which the local government
has to respond. The petition to the state land planning
agency shall contain the facts and reasons outlined in
the prior petition to the local government.
(4) The state land planning agency shall notify the
local government of its receipt of a petition and shall
give the local government and the petitioning, substan-
tially affected person an opportunity to present written
or oral testimony on the issue and shall conduct any
investigations of the matter that it deems necessary.
These proceedings shall be informal and shall not
include any hearings pursuant to s. 120.57(1). Not later
than 60 days nor earlier than 30 days after receiving the
petition, the state land planning agency shall issue its
written decision on the issue of whether the land devel-
opment regulation is consistent with the local compre-
Shensive plan, giving the grounds for its decision. The
state land planning agency shall send a copy of its deci-
Sion to the local government and the petitioning, sub-
stantially affected person.
(5)(a) If the state land planning agency determines
that the regulation is consistent with the local compre-
hensive plan, the substantially affected person who filed
the original petition with the local government may,
within 21 days, request a hearing from the Division of
Administrative Hearings, and a hearing officer shall hold
a hearing in the affected jurisdiction no earlier than 30
days after the state land planning agency renders its
decision pursuant to subsection (4). The parties to a
hearing held pursuant to this paragraph shall be the
petitioning, substantially affected person, any interve-
nor, the state land planning agency, and the local gov-
ernment. The adoption of a land development regulation
by a local government is legislative in nature and shall
not be found to be inconsistent with the local plan if it
is fairly debatable that it is consistent with the plan. The
hearing shall be held pursuant to s. 120.57(1), except
that the order of the hearing officer shall be a final order
and shall be appealable pursuant to s. 120.68.
(b) If the state land planning agency determines that
the regulation is inconsistent with the local comprehen-
sive plan, the state land planning agency shall, within 21
days, request a hearing from the Division of Administra-
tive Hearings, and a hearing officer shall hold a hearing
in the affected jurisdiction not earlier than 30 days after


the state land planning agency renders its decision pur-
suant to subsection (4). The parties to a hearing held
pursuant to this paragraph shall be the petitioning, sub-
stantially affected person, the local government, any
intervenor, and the state land planning agency. The
adoption of a land development regulation by a local
government is legislative in nature and shall not be
found to be inconsistent with the local plan if it is fairly
debatable that it is consistent with the plan. The hearing
shall be held pursuant to s. 120.57(1), except that the
order of the hearing officer shall be the final order and
shall be appealable pursuant to s. 120.68.
(6) If the hearing officer in his or her order finds the
land development regulation to be inconsistent with the
local comprehensive plan, the order will be submitted to
the Administration Commission. An appeal pursuant to
s. 120.68 may not be taken until the Administration Com-
mission acts pursuant to this subsection. The Adminis-
tration Commission shall hold a hearing no earlier than
30 days or later than 60 days after the hearing officer
renders his or her final order. The sole issue before the
Administration Commission shall be the extent to which
any of the sanctions described in s. 163.3184(11)(a) or
(b) shall be applicable to the local government whose
land development regulation has been found to be
inconsistent with its comprehensive plan. If a land devel-
opment regulation is not challenged within 12 months,
it shall be deemed to be consistent with the adopted
local plan.
(7) An administrative proceeding under this section
shall be the sole proceeding available to challenge the
consistency of a land development regulation with a
comprehensive plan adopted under this part.
(8) The signature of an attorney or party constitutes
a certificate that he or she has read the petition, motion,
or other paper and that, to the best of his or her knowl-
edge, information, and belief formed after reasonable
inquiry, it is not interposed for any improper purposes,
such as to harass or to cause unnecessary delay or for
economic advantage, competitive reasons, or frivolous
purposes or needless increase in the cost of litigation.
If a petition, motion, or other paper is signed in violation
of these requirements, the administrative hearing offi-
cer, upon motion or his or her own initiative, shall impose
upon the person who signed it or upon a represented
party, or both, an appropriate sanction, which may
include an order to pay to the other party or parties the
amount of reasonable expenses incurred because of the
filing of the petition, motion, or other paper, including a
reasonable attorney's fee.
(9) Initiation of administrative review of determina-
tion of inconsistency of a land development regulation
pursuant to this section shall not affect the validity of the
regulation or a development order issued pursuant to
the regulation.
History.-s. 15, ch. 85-55; s. 26, ch. 87-224 s. 900, ch. 95-147; s. 23, ch. 95-280.

163.3215 Standing to enforce local comprehensive
plans through development orders.-
(1) Any aggrieved or adversely affected party may
maintain an action for injunctive or other relief against
any local government to prevent such local government
from taking any action on a development order, as


INTERGOVERNMENTAL PROGRAMS


Ch. 163


F.S.1995INTRGOVRNMETALPROGAMSCh. 163





r11 4 e)


NI TERGOVERNME


defined in s. 163.3164, which materially alters the use or
density or intensity of use on a particular piece of prop-
erty that is not consistent with the comprehensive plan
adopted under this part.
(2) "Aggrieved or adversely affected party" means
any person or local government which will suffer an
adverse effect to an interest protected or furthered by
the local government comprehensive plan, including
interests related to health and safety, police and fire pro-
tection service systems, densities or intensities of devel-
opment, transportation facilities, health care facilities,
equipment or services, or environmental or natural
resources. The alleged adverse interest may be shared
in common with other members of the community at
large, but shall exceed in degree the general interest in
community good shared by all persons.
(3)(a) ,No suit may be maintained under this section
challenging the approval or denial of a zoning, rezoning,
planned unit development, variance, special exception,
conditional use, or other development order granted
prior to October 1, 1985, or applied for prior to July 1,
1985.
(b) Suit under this section shall be the sole action
available to challenge the consistency of a development
order with a comprehensive plan adopted under this
part.
(4) As a condition precedent to the institution of an
action pursuant to this section, the complaining party
shall first file a verified complaint with the local govern-
ment whose actions are complained of setting forth the
facts upon which the complaint is based and the relief
sought by the complaining party. The verified complaint
shall be filed no later than 30 days after the alleged
inconsistent action has been taken. The local govern-
ment receiving the complaint shall respond within 30
days after receipt of the complaint. Thereafter, the com-
plaining party may institute the action authorized in this
section. However, the action shall be instituted no later
than 30 days after the expiration of the 30-day period
which the local government has to take appropriate
action. Failure to comply with this subsection shall not
bar an action for a temporary restraining order to pre-
vent immediate and irreparable harm from the actions
complained of.
(5) Venue in any cases brought under this section
shall lie in the county or counties where the actions or
inactions giving rise to the cause of action are alleged
to have occurred.
(6) The signature of an attorney or party constitutes
a certificate that he or she has read the pleading,
motion, or other paper and that, to the best of his or her
knowledge, information, and belief formed after reason-
able inquiry, it is not interposed for any improper pur-
pose, such as to harass or to cause unnecessary delay
or for economic advantage, competitive reasons or frivo-
lous purposes or needless increase in the cost of litiga-
tion. If a pleading, motion, or other paper is signed in vio-
lation of these requirements, the court, upon motion or
its own initiative, shall impose upon the person who
signed it, a represented party, or both, an appropriate
sanction, which may include an order to pay to the other
party or parties the amount of reasonable expenses
incurred because of the filing of the pleading, motion, or
other paper, including a reasonable attorney's fee.


ITAL PROGRAMS F.S. 1995

(7) In any action under this section, no settlement
shall be entered into by the local government unless the
terms of the settlement have been the subject of a pub-
lic hearing after notice as required by this part.
(8) In any suit under this section, the Department of
Legal Affairs may intervene to represent the interests of
the state.
History.-s. 18, ch. 85-55; s. 901, ch. 95-147.

163.3220 Short title; legislative intent.-
(1) Sections 163.3220-163.3243 may be cited as the
"Florida Local Government Development Agreement
Act."
(2) The Legislature finds and declares that:
(a) The lack of certainty in the approval of develop-
ment can result in a waste of economic and land
resources, discourage sound capital improvement plan-
ning and financing, escalate the cost of housing and
development, and discourage commitment to compre-
hensive planning.
(b) Assurance to a developer that upon receipt of his
or her development permit he or she may proceed in
accordance with existing laws and policies, subject to
the conditions of a development agreement, strength-
ens the public planning process, encourages sound
capital improvement planning and financing, assists in
assuring there are adequate capital facilities for the
development, encourages private participation in com-
prehensive planning, and reduces the economic costs
of development.
(3) In conformity with, in furtherance of, and to imple-
ment the Local Government Comprehensive Planning
and Land Development Regulation Act and the Florida
State Comprehensive Planning Act of 1972, it is the
intent of the Legislature to encourage a stronger com-
mitment to comprehensive and capital facilities plan-
ning, ensure the provision of adequate public facilities
for development, encourage the efficient use of
resources, and reduce the economic cost of develop-
ment.
(4) This intent is effected by authorizing local gov-
ernments to enter into development agreements with
developers, subject to the procedures and requirements
of ss. 163.3220-163.3243.
(5) Sections 163.3220-163.3243 shall be regarded
as supplemental and additional to the powers conferred
upon local governments by other laws and shall not be
regarded as in derogation of any powers now existing.
History.-s. 19, ch. 86-191; s. 902, ch. 95-147.

163.3221 Definitions.-As used in ss. 163.3220-
163.3243:
(1) "Comprehensive plan" means a plan adopted
pursuant to the "Local Government Comprehensive
Planning and Land Development Regulation Act."
(2) "Developer" means any person, including a gov-
ernmental agency, undertaking any development.
(3) "Development" means the carrying out of any
building activity or mining operation, the making of any
material change in the use or appearance of any struc-
ture or land, or the dividing of land into three or more par-
cels.
(a) The following activities or uses shall be taken for
the purposes of this act to involve "development":


1246






F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163


1. A reconstruction, alteration of the size, or mate-
rial change in the external appearance of a structure on
land.
2. A change in the intensity of use of land, such as
an increase in the number of dwelling units in a structure
or on land or a material increase in the number of busi-
nesses, manufacturing establishments, offices, or dwell-
ing units in a structure or on land.
3. Alteration of a shore or bank of a seacoast, river,
stream, lake, pond, or canal, including any "coastal
construction" as defined in s. 161.021.
4. Commencement of drilling, except to obtain soil
samples, mining, or excavation on a parcel of land.
5. Demolition of a structure.
6. Clearing of land as an adjunct of construction.
7. Deposit of refuse, solid or liquid waste, or fill on
a parcel of land.
(b) The following operations or uses shall not be
taken for the purpose of this act to involve
"development":
1. Work by a highway or road agency or railroad
company for the maintenance or improvement of a road
or railroad track, if the work is carried out on land within
the boundaries of the right-of-way.
2. Work by any utility and other persons engaged
in the distribution or transmission of gas or water, for the
purpose of inspecting, repairing, renewing, or construct-
ing on established rights-of-way any sewers, mains,
pipes, cables, utility tunnels, power lines, towers, poles,
tracks, or the like.
3. Work for the maintenance, renewal, improve-
ment, or alteration of any structure, if the work affects
only the interior or the color of the structure or the deco-
ration of the exterior of the structure.
4. The use of any structure or land devoted to
dwelling uses for any purpose customarily incidental to
enjoyment of the dwelling.
5. The use of any land for the purpose of growing
plants, crops, trees, and other agricultural or forestry
products; raising livestock; or for other agricultural pur-
poses.
6. A change in use of land or structure from a use
within a class specified in an ordinance or rule to another
use in the same class.
7. A change in the ownership or form of ownership
of any parcel or structure.
8. The creation or termination of rights of access,
riparian rights, easements, covenants concerning devel-
opment of land, or other rights in land.
(c) "Development," as designated in an ordinance,
rule, or development permit includes all other develop-
ment customarily associated with it unless otherwise
specified. When appropriate to the context,
"development" refers to the act of developing or to the
result of development. Reference to any specific opera-
tion is not intended to mean that the operation or activ-
ity, when part of other operations or activities, is not
development. Reference to particular operations is not
intended to limit the generality of this subsection.
(4) "Development permit" includes any building per-
mit, zoning permit, subdivision approval, rezoning, certi-
fication, special exception, variance, or any other official
action of local government having the effect of permit-
ting the development of land.


(5) "Governing body" means the board of county
commissioners of a county, the commission or council
of an incorporated municipality, or any other chief gov-
erning body of a unit of local government, however des-
ignated.
(6) "Land" means the earth, water, and air, above,
below, or on the surface, and includes any improve-
ments or structures customarily regarded as land.
(7) "Land development regulations" means ordi-
nances enacted by governing bodies for the regulation
of any aspect of development and includes any local
government zoning, rezoning, subdivision, building con-
struction, or sign regulations or any other regulations
controlling the development of land.
(8) "Laws" means all ordinances, resolutions, regula-
tions, comprehensive plans, land development regula-
tions, and rules adopted by a local government affecting
the development of land.
(9) "Local government" means any county or munici-
pality or any special district or local governmental entity
established pursuant to law which exercises regulatory
authority over, and grants development permits for, land
development.
(10) "Local planning agency" means the agency des-
ignated to prepare a comprehensive plan or plan
amendment pursuant to the "Florida Local Government
Comprehensive Planning and Land Development Regu-
lation Act."
(11) "Person" means any individual, corporation, busi-
ness or land trust, estate, trust, partnership, association,
two or more persons having a joint or common interest,
state agency, or any legal entity.
(12) "Public facilities" means major capital improve-
ments, including, but not limited to, transportation, sani-
tary sewer, solid waste, drainage, potable water, educa-
tional, parks and recreational, and health systems and
facilities.
(13) "State land planning agency" means the Depart-
ment of Community Affairs.
History.-s. 20. ch. 86-191; s. 4, ch. 92-129.

163.3223 Applicability.-Any local government
may, by ordinance, establish procedures and require-
ments, as provided in ss. 163.3220-163.3243, to con-
sider and enter into a development agreement with any
person having a legal or equitable interest in real prop-
erty located within its jurisdiction.
History.-s. 21. ch. 86-191.

163.3225 Public hearings.-
(1) Before entering into, amending, or revoking a
development agreement, a local government shall con-
duct at least two public hearings. At the option of the
governing body, one of the public hearings may be held
by the local planning agency.
(2)(a) Notice of intent to consider a development
agreement shall be advertised approximately 7 days
before each public hearing in a newspaper of general
circulation and readership in the county where the local
government is located. Notice of intent to consider a
development agreement shall also be mailed to all
affected property owners before the first public hearing.
The day, time, and place at which the second public
hearing will be held shall be announced at the first public
hearing.


F.S. 1995


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Ch. 163





INTERGOVERNMENTAL PROGRAMS


(b) The notice shall specify the location of the land
subject to the development agreement, the develop-
ment uses proposed on the property, the proposed pop-
ulation densities, and the proposed building intensities
and height and shall specify a place where a copy of the
proposed agreement can be obtained.
History.-s. 22, ch. 86-191.

163.3227 Requirements of a development agree-
ment.-
(1) A development agreement shall include the fol-
lowing:
(a) A legal description of the land subject to the
agreement, and the names of its legal and equitable
owners;
(b) The duration of the agreement;
(c) The development uses permitted on the land,
including population densities, and building intensities
and height;
(d) A description of public facilities that will service
the development, including who shall provide such facili-
ties; the date any new facilities, if needed, will be con-
structed; and a schedule to assure public facilities are
available concurrent with the impacts of the develop-
ment;
(e) A description of any reservation or dedication of
land for public purposes;
(f) A description of all local development permits
approved or needed to be approved for the develop-
ment of the land;
(g) A finding that the development permitted or pro-
posed is consistent with the local government's compre-
hensive plan and land development regulations;
(h) A description of any conditions, terms, restric-
tions, or other requirements determined to be necessary
by the local government for the public health, safety, or
welfare of its citizens; and
(i) A statement indicating that the failure of the
agreement to address a particular permit, condition,
term, or restriction shall not relieve the developer of the
necessity of complying with the law governing said per-
mitting requirements, conditions, term, or restriction.
(2) A development agreement may provide that the
entire development or any phase thereof be com-
menced or completed within a specific period of time.
History.-s. 23, ch. 86-191: s. 31. ch. 91-45.

163.3229 Duration of a development agreement
and relationship to local comprehensive plan.-The
duration of a development agreement shall not exceed
10 years. It may be extended by mutual consent of the
governing body and the developer, subject to a public
hearing in accordance with s. 163.3225. No develop-
ment agreement shall be effective or be implemented by
a local government unless the local government's com-
prehensive plan and plan amendments implementing or
related to the agreement are found in compliance by the
state land planning agency in accordance with s.
163.3184, s. 163.3187, or s. 163.3189.
History.-s. 24, ch. 86-191; s. 32. ch. 91-45; s, 11, ch. 92-129.

163.3231 Consistency with the comprehensive
plan and land development regulations.-A develop-
ment agreement and authorized development shall be


consistent with the local government's comprehensive
plan and land development regulations.
History.-s. 25. ch. 86-191.

163.3233 Local laws and policies governing a
development agreement.-
(1) The local government's laws and policies gov-
erning the development of the land at the time of the
execution of the development agreement shall govern
the development of the land for the duration of the
development agreement.
(2) A local government may apply subsequently
adopted laws and policies to a development that is sub-
ject to a development agreement only if the local govern-
ment has held a public hearing and determined:
(a) They are not in conflict with the laws and policies
governing the development agreement and do not pre-
vent development of the land uses, intensities, or densi-
ties in the development agreement;
(b) They are essential to the public health, safety, or
welfare, and expressly state that they shall apply to a
development that is subject to a development agree-
ment;
(c) They are specifically anticipated and provided
for in the development agreement;
(d) The local government demonstrates that sub-
stantial changes have occurred in pertinent conditions
existing at the time of approval of the development
agreement; or
(e) The development agreement is based on sub-
stantially inaccurate information supplied by the devel-
oper.
(3) This section does not abrogate any rights that
may vest pursuant to common law.
History.-s. 26, ch. 86-191.

163.3235 Periodic review of a development agree-
ment.-A local government shall review land subject to
a development agreement at least once every 12
months to determine if there has been demonstrated
good faith compliance with the terms of the develop-
ment agreement. For each annual review conducted
during years 6 through 10 of a development agreement,
the review shall be incorporated into a written report
which shall be submitted to the parties to the agreement
and the state land planning agency. The state land plan-
ning agency shall adopt rules regarding the contents of
the report, provided that the report shall be limited to the
information sufficient to determine the extent to which
the parties are proceeding in good faith to comply with
the terms of the development agreement. If the local
government finds, on the basis of substantial competent
evidence, that there has been a failure to comply with
the terms of the development agreement, the agree-
ment may be revoked or modified by the local govern-
ment.
History.-s. 27, ch. 86-191; s. 12, ch. 92-129.

163.3237 Amendment or cancellation of a develop-
ment agreement.-A development agreement may be
amended or canceled by mutual consent of the parties
to the agreement or by their successors in interest.
History.-s. 28, ch. 86-191.


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F. S 195 P


163.3239 Recording and effectiveness of a devel-
opment agreentent.-Within 14 days after a local gov-
ernment enters into a development agreement, the local
government shall record the agreement with the clerk of
the circuit court in the county where the local govern-
ment is located. A copy of the recorded development
agreement shall be submitted to the state land planning
agency within 14 days after the agreement is recorded.
A development agreement shall not be effective until it
is properly recorded in the public records of the county
and until 30 days after having been received by the state
land planning agency pursuant to this section. The bur-
dens of the development agreement shall be binding
upon, and the benefits of the agreement shall inure to,
all successors in interest to the parties to the agree-
ment.
History.-s. 29, ch. 86-191; s. 13, ch. 92-129.

163.3241 Modification or revocation of a develop-
ment agreement to comply with subsequently enacted
state and federal law.-If state or federal laws are
enacted after the execution of a development agree-
ment which are applicable to and preclude the parties'
compliance with the terms of a development agreement,
such agreement shall be modified or revoked as is nec-
essary to comply with the relevant state or federal laws.
History.-s. 30, ch. 86-191.

163.3243 Enforcement-Any party, any aggrieved
or adversely affected person as defined in s.
163.3215(2), or the state land planning agency may file
an action for injunctive relief in the circuit court where
the local government is located to enforce the terms of
a development agreement or to challenge compliance
of the agreement with the provisions of ss. 163.3220-
163.3243.
History.-s. 31, ch. 86-191.
PART III

COMMUNITY REDEVELOPMENT

163.330 Short title.
163.335 Findings and declarations of necessity.
163.340 Definitions.
163.345 Encouragement of private enterprise.
163.346 Notice to taxing authorities.
163.350 Workable program.
163.353 Power of taxing authority to tax or appropriate
funds to a redevelopment trust fund in
order to preserve and enhance the tax base
of the authority.
163.355 Finding of necessity by county or municipal-
ity.
163.356 Creation of community redevelopment
agency.
163.357 Governing body as the community redevelop-
ment agency.
163.358 Exercise of powers in carrying out community
redevelopment and related activities.
163.360 Community redevelopment plans.
163.361 Modification of community redevelopment
plans.
163.362 Contents of community redevelopment plan.


163.365 Neighborhood and communitywide plans.
163.367 Public officials, commissioners, and employ-
ees subject to code of ethics.
163.370 Powers; counties and municipalities; commu-
nity redevelopment agencies.
163.375 Eminent domain.
163.380 Disposal of property in community redevelop-
ment area.
163.385 Issuance of revenue bonds.
163.387 Redevelopment trust fund.
163.390 Bonds as legal investments.
163.395 Property exempt from taxes and from levy and
sale by virtue of an execution.
163.400 Cooperation by public bodies.
163.405 Title of purchaser.
163.410 Exercise of powers in counties with home rule
charters.
163.415 Exercise of powers in counties without home
rule charters.
163.430 Powers supplemental to existing community
redevelopment powers.
163.445 Assistance to community redevelopment by
state agencies.
163.450 Municipal and county participation in neigh-
borhood development programs under
Pub. L. No. 90-448.

163.330 Short title.-This part shall be known and
may be cited as the "Community Redevelopment Act of
1969."
History.-s. 1, ch. 69-305.

163.335 Findings and declarations of necessity.-
(1) It is hereby found and declared that there exist
in counties and municipalities of the state slum and
blighted areas which constitute a serious and growing
menace, injurious to the public health, safety, morals,
and welfare of the residents of the state; that the exist-
ence of such areas contributes substantially and
increasingly to the spread of disease and crime, consti-
tutes an economic and social liability imposing onerous
burdens which decrease the tax base and reduce tax
revenues, substantially impairs or arrests sound growth,
retards the provision of housing accommodations,
aggravates traffic problems, and substantially hampers
the elimination of traffic hazards and the improvement
of traffic facilities; and that the prevention and elimina-
tion of slums and blight is a matter of state policy and
state concern in order that the state and its counties and
municipalities shall not continue to be endangered by
areas which are focal centers of disease, promote juve-
nile delinquency, and consume an excessive proportion
of its revenues because of the extra services required
for police, fire, accident, hospitalization, and other forms
of public protection, services, and facilities.
(2) It is further found and declared that certain slum
or blighted areas, or portions thereof, may require acqui-
sition, clearance, and disposition subject to use restric-
tions, as provided in this part, since the prevailing condi-
tion of decay may make impracticable the reclamation
of the area by conservation or rehabilitation; that other
areas or portions thereof may, through the means pro-
vided in this part, be susceptible of conservation or reha-


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