SUMMARY OF THE
LAND USE AND WATER PLANNING TASK FORCE
March 21, 1994 Meeting
LL-24, House Office Building
(Tschinkel) The House Natural Resources Committee has introduced a proposed committee
bill identical to the SB 258 (State Water Policy Bill). The letter written by the Task Force
to the Senate Natural Resources Committee stated that it was not appropriate to change the
water planning process until, among other things, the Task Force has submitted its
recommendations. The letter was written in response to the bill as it was originally
introduced. The current Senate bill has been changed to freeze the State Water Policy in its
pre-December adoption version. The Task Force letter was taken out of context by
lobbyists to the House Natural Resource Committee. Ms. Tschinkel has met with the House
Committee on Natural Resources and explained that the Task Force was not involved in the
details concerning the State Water Policy and is not charged with reviewing the State Water
(Doug Barr) Welcomed the Task Force to NW Florida and the Panhandle. The Northwest
Florida Water Management District's (NWFWMD) District Water Management Plan
(DWMP) should be completed by November and will include all elements addressed by the
other DWMPs. The NWFWMD will come up short in plan implementation due to the lack
of adequate financial resources. The other WMDs have a constitutional millage cap of 1 mil
while the NWFWMD has a cap of .05 mils. The NWFWMD Environmental Resource
Permit program will be limited to agricultural and forestry water management activities; all
other types of activities will continue to be regulated by the DEP.
The NWFWMD will emphasize technical assistance in its DWMP. Through co-op programs
and the combining of district and local government funding, the district will be able to
accomplish more. For example, the NWFWMD has completed a regional stormwater plan
for the urbanized areas in Leon County and has just completed a major groundwater
contamination investigation in the Pensacola area and provided the local governments with
recommendations on how to operate their public water supply system without spreading the
The NWFWMD will also be focusing more of its future resources on interstate water
resources such as the Apalachicola and Escambia Rivers.
Mr. Barr suggested that the Task Force should address the millage or funding problems
facing the regional agencies.
Wakulla Spring Water Quality Protection Ordinance, Ed Mills
Seventy percent of Wakulla County is located within the Apalachicola National Forest and
the St. Marks National Wildlife Preserve. Through the ordinance, the County is attempting
to preserve the water resources without taking land off of the tax rolls.
The County coordinated its efforts with the WMD staff, and considered ordinances from
Broward, Dade, Mirimar, etc., to determine what efforts have already been developed and
proven to be successful. The County attempted to utilize existing requirements under EPA,
the WMD, and state legislation to target certain types of uses, chemicals, and substances.
Public hearings were held with some opposition voiced by small developers and large land
owners. The County worked with the silviculture industry by utilizing Best Management
Practices to lessen the impact on the industry's use of pesticides and herbicides. The
County attempted to incorporate existing regulations were land owners are required to
monitor and report to various state and federal agencies. The County would receive copies
of these monitoring reports. New monitoring procedures will not be developed, but will
utilize existing information.
Special land use exemptions are itemized and developed in such a way to monitor new
sinkholes to develop a way to use fill that is less permeable than what the surrounding land
is to prevent water contamination.
The ordinance will be enforced under current guidelines.
DEP staff outlined the existing sinkholes from Big Dismal to Wakulla Springs. Exhibit A
contains a copy of the ordinance and a map of the planning area.
The ordinance does not prohibit land uses. If the developer can demonstrate to the County
that proper monitoring and reporting procedures will be utilized and that the proposed land
use will not contaminate the groundwater, the development should be approved.
The monitoring and tracking system is currently under development. It is expected to
include a few staff members from the planning department reviewing the submitted data and
information. The WMD and cave divers are taking deepwater samplings which will serve as
a baseline. Changes plus/minus from the baseline will determine levels of contamination.
In terms of land uses, the existing land use is silviculture. New land uses will be required
to be consistent with the intent to preserve and protect water quality.
(Tschinkel) A newspaper article in the Tallahassee Democrat indicated that the ordinance is
linked to the controversy about the proposed DEP sewage treatment plant at the Wakulla
Springs State Park. The article stated that an amendment was put on the ordinance prior to
adoption that prohibited the construction of package plants.
(Mills) An ordinance already exists that requires a public hearing in the review and
approval process for wastewater plants. It allows wastewater plants in all land use
categories except conservation, which includes Wakulla Springs. The Board of County
Commissioners must waive the requirements for the wastewater plant in a conservation area
or the plant cannot be built. However, this is not tied to the Water Quality Protection
(Prescod) Are there provisions for any regularly scheduled, first-hand monitoring of water
quality or will it be based on citizen complaints?
(Mills) The ordinance only applies to a portion of the County which currently has no
problematic land uses. St. Joe Paper Company, at times, transports chemicals that are
identified in the ordinance, but as long as the chemicals are not on site for more than 72
hours, they are considered "in transit" and not regulated. If the chemicals are being held on
site, then the County wants to be sure that the containment facility built to hold the
chemicals will hold the entire contents of the facility in addition to a three inch rain.
(Shelley) The Apalachee Regional Planning Council (ARPC) is the local emergency
response commission's link to information concerning the location of hazardous materials
stored under SARA Title III. The ARPC is able to tell the County where these facilities are
if they are following the law and reporting the required information.
(Orshefsky) Was the attached map developed at the local level or in coordination with the
(Mills) The County worked with the DEP staff to identify where drainage flowed into the
sinkholes and targeted those areas for local governments/state agencies to prevent water
contamination. The DEP staff delineated known sinkhole areas, surrounding topography,
transmissivity rates, and distance to the sinkhole on U.S.G.S. quad maps. Based on this
information, if certain land uses were approved within approximately 1300 ft of this area,
the runoff water would flow into the sinkhole.
State Land Development Plan
Henry Bittaker, Department of Community Affairs
There is no direct link between the existing translational plans. Section 186.009(2)(n), F.S.,
provides that the Growth Management Portion of the State Comprehensive Plan make
recommendations on how the translational plans should be linked. In the development of the
Growth Management Portion of the State Comprehensive Plan, the translational plans should
be considered. There is also a provision that the SRPPs are to consider the translational
The State Land Development Plan (SLDP) is a statutorily established agency plan, developed
by the Department of Community Affairs (DCA), which translates the State Comprehensive
Plan into specific land development policies. The SLDP is not adopted by rule and was last
revised in 1989. The SLDP is statutorily required to be revised by June 1, of each even
numbered year. The DCA is currently in the process of beginning this year's revision and
should submit a proposed draft to the Governor's Office by June 1, 1994.
The SLDP is not required to have a geographic component and there is no statutory
guidance as to what the SLDP is to contain. The SLDP does contain each of the State
Comprehensive Plan goal areas that is used for land development (Exhibit B).
There is no direct tie to the local government comprehensive plans (LGCP). The primary
application of the SLDP is in the Development of Regional Impact (DRI) and Florida
Quality Development (FQD) programs. In these programs, the plan serves as a policy base
for review, approvals and appeals. The SLDP is also implemented through the DCA rule
Major SLDP roles in the DRI review process:
* Regional Planning Councils are to make recommendations to local governments on
DRIs based upon the extent to which the development will have a favorable or
unfavorable impact to state or regional resources or facilities identified in the SLDP
[s. 380.06(12)(a), F.S.]
* In approving or denying a DRI, a local government is to consider whether, and the
extent to which, the development would unreasonably interfere with the achievement
of the objectives of the SLDP, and include in the resulting DRI development order
Findings of Fact and Conclusions of Law consistent with this determination
[380.06(14)(a) and (15)(c), F.S.].
* In appealing a local government's DRI development order, DCA includes in its
appeal petition the manner in which the development order's approval or denial is
inconsistent with the SLDP (NOTE: Appeal also addresses SCP, SRPP/CRPP and
* Once the DRI process is terminated for most local governments (circa 1996-97),
DCA can continue to appeal local government development orders for projects that
otherwise would have been a DRI based upon the local government's development
order inconsistency with the SLDP or the development order resulting in inadequately
mitigated adverse impact to state or regional resources identified in the SLDP
If an appeal is filed with respect to any issues within the scope of a permitting program
authorized by Chapters 161, 373, or 403, F.S., and for which a permit or conceptual agency
review approval has been obtained prior to the issuance of a development order, any such
issue must be specifically identified in the notice of appeal.
The appeal may then proceed with respect to these issues only after the Governor and
Cabinet (acting as the Florida Land and Water Adjudicatory Commission) determines by
majority vote that statewide or regional interests may be adversely affected by the
development. In making this determination, there shall be a rebuttable presumption that
statewide and regional interests relating to these permitting issues are not adversely affected.
The Legislature directed the DCA to develop a set of DRI uniform standard rules that would
be binding to the RPCs. The ELMs report stated that these should be used as the basis for
appeals by the DCA. The DCA developed these standard rules as a "safe harbor" rule, in
which the DCA retains oversight of the DRI program and determines the level of impact
that is required before a development is considered to have a significant impact. If a
proposed development has an impact on a certain natural resource or facility or the impact is
of a certain magnitude and the local government requires the type of mitigation that the
DCA requests, then the DCA will not challenge the local government approval on that
(Rhodes) What role will the SLDP have when the GMP/SCP is developed? Why work on
the SLDP when the GMP/SCP needs significant attention and effort?
(Shelley) The update of the SLDP and the development of the GMP/SCP are not
inconsistent with one another. The work on the SLDP will enhance the opportunities for the
GMP/SCP to include the critical issues. The GMP/SCP has the broader scope and
application and the SLDP is a supporting effort of the DCA.
(Varn) The Legislature mandated that the Governor's Office develop the Growth
Management Component of the State Comprehensive Plan. Although some believe that if
the GMP/SCP is developed then the translational plans may not be needed, it is not realistic
because the SCP still needs to be translated into more detail.
(Tschinkel) Should the scope and oversight of the translational plans be greater than just
the DRI process?
(Varn) Exactly, this is the same argument that the Task Force had in relation to the
District Water Management Plans in terms of the plans not being adopted as a rule and,
therefore, having no real power and not binding to the Water Management District.
(Rhodes) But the SLDP does drive DRI appeal decisions.
(Tschinkel) There are so many documents concerning water policy that contain similar
language, all with differing legal effects.
(Shelley) There is no plan that monitors the extent to which the State is accomplishing its
(Tschinkel) Some of the important issues identified in this discussion include:
* What are the plans' real affects?
* How are they legally adopted?
* What are their overlaps and what are their linkages?
(Powell) Many plans have been developed over the years without any rationalizing them
with the other plans.
(Tschinkel) In order for the policies to be more effective, maybe the agencies should adopt
fewer policies but in a more enforceable framework.
(Orshefsky) Once the Growth Management Portion and the SRPPs are developed and
adopted, are the translational plans still needed?
(Shelley) The Growth Management Portion will not be sufficiently directive in its policies.
However, it may be sufficient enough so that the three translational plans can translate the
policies to the next level.
(Varn) The agencies are needed to translate the legislative directions because the
Legislature typically does not go far enough in the policy statement.
Florida Transportation Plan
Bob Romig, Department of Transportation
Transportation is a derivative of land use and makes it an important part of the process;
particularly if you assume that land and water use issues have been resolved before you
begin making transportation decisions.
The Intermodal Surface Transportation Efficiency Act (ISTEA) drives the Florida
Transportation Plan. ISTEA changed a lot of the traditional ways of thinking about
transportation. All of the Florida transportation planning requirements are largely reflective
of Federal law.
There is a clear linkage between the long range plan and the five year work program.
There are several statutorily required elements that the FTP is to contain: long range
element, short range element, long range goals (20 years), relationship between long range
goals and work program, and an examination of the issues that are likely to be in the next
Metropolitan Planning Organizations (MPO) are required by Federal law to expend federal
transportation revenue in urbanized areas (population 50,000+). There are currently 27
MPOs in Florida, 11 of which have a population in excess of 200,000. The DOT is to
reconcile, to the maximum extent feasible, its long range plan with the long range plans of
Pursuant to federal law, the MPOs are composed of elected officials. Representatives from
the DOT shall serve as nonvoting members. Non-voting advisors may be appointed by the
MPO as deemed necessary. The Task Force may want to consider the addition of WMD
officials to serve on the MPOs.
The idea is to develop a statewide comprehensive plan where the DOT does a statewide
element (dealing with the interstate system, inner city and high speed rail), and reconcile
that plan with 25 MPO plans.
The FTP is to be updated every 3 to 5 years. The short range plan will be completed every
year which will serve as the Department of Transportation's Agency Strategic Plan. The
chart (Exhibit C, Attachment 1) demonstrates the plan linkages with the FTP.
In relation to the SRPPs, the law states that the transportation goals and policies of the
SRPP shall be consistent, to the maximum extent feasible, with the goals and policies of the
MPOs. MPO plans and other local transportation plans shall be developed consistent, to the
maximum extent feasible, with regional transportation goals and policies. This provides for
a circular planning effort for consistency among transportation planning.
The transportation planning process includes five major steps that contain over 800 activities
at any given time (Exhibit C, Attachment 2). Step 1 looks at the major goals and policies
(SCP, SWP, SLDP, GMP/SCP, etc.). FDOT may not be required to be consistent with
these plans, but is considering them throughout the process. Steps 2 and 3, the development
of the FTP, SRPPs, and the local planning efforts, go on simultaneously.
Since 1991, the DOT has looked at nearly 500 existing transportation plans (458 LGCP, 25
MPO, RPC plans, etc.) to try and assess their cumulative effects. The total dollar amount
of projects and services contained in these plans is $60 billion. This is matched with $30
billion in expected revenue.
FDOT reviews LGCPs through its district offices primarily regarding the level of service
issues at the project level.
The new FTP must address the statewide transportation needs. The DOT is developing new
management systems that could give information such as safety issues, congestion, etc.
The MPOs' long range plans translate into their short range plans, which DOT must be
consistent with. DOT is currently attempting to provide a 25 year forecast of transportation
revenues for the MPOs. This will constrain the long range plans by a certain level of
funding to be available and will give the MPOs a reasonable expectation about what the
system will be able to provide financially.
In attempting to integrate land use, water and transportation planning, there are a number of
existing connections. Transportation is required to be consistent with just about everything.
(Varn) We are not planning, we are reacting. If you look at the planning horizon, we do
not have the funds to provide what is needed.
(Walker) Transportation planning is better integrated with land and water issues because
transportation planning is so visible and must operationally work. We should look at water
resources in the same manner.
(Varn) The Tampa Bay area is spending $130 million in the next 5 years for new roads,
the vast majority of money that DOT is spending is for maintenance of existing facilities.
This type of resource allocation does not dictate where the new growth will occur, but reacts
to where the growth has already occurred. What DOT is doing with its money is not
building new roads to direct growth, but building and maintaining roads where backlogs
(Tschinkel) As this relates to the Task Force subcommittees, an issue that needs to be
discussed is the linkage between the water management districts and the SRPPs. Should the
WMDs be geographically specific about the regional resources (surface and ground water),
and if so, should that include geographic components with suggested policies for those
(Romig) DOT is to consider the effect of transportation decisions on land use, including
environmental issues. The DOT also needs to identify, at an early stage, the locations
where improvements are needed and overlay these areas with the DWMPs or land use plans
to determine if this is where growth is going to and should occur.
(Rhodes) Is DOT going to rely upon existing plans or develop their own plans on where
growth will occur?
(Romig) DOT has to rely on the existing plans as they would be reported through the MPO
process. MPOs must work within the scenario of the LGCP.
(Rhodes) But the MPOs do not have an environmental component?
(Romig) To the extent that the local government comprehensive plans work out
environmental issues, the MPO plans address them. The center piece of the MPO plans is
the LGCP. To the extent that environmental issues are resolved at the local level, then the
decisions made by the MPOs should be consistent with the environmental policy in the
State Comprehensive Plan and Strategic Regional Policy Plan Update
Dwaine Raynor, Executive Office of the Governor
State Comprehensive Plan
The Governor's Office (EOG) has attempted to determine the strengths and weaknesses of
the existing State Comprehensive Plan, and build onto what the Growth Management
Advisory Committee completed last summer. The Advisory Committee did not accomplish
all that the Legislature mandated. It found that there were a lot of issues that must be
addressed before the GMP/SCP could be completed.
The EOG has held several "brainstorming" sessions trying to decide what to recommend to
Governor Chiles in terms of a process to approach the revision of the State Comprehensive
Plan. A revised State Comprehensive Plan must be submitted to the Cabinet by October
There are four points of emphasis in this process:
* The SCP should be strategic instead of comprehensive.
* The revision should be iterative, it cannot be completed all at once.
* The SCP should be balanced and integrated as to its issues.
* Accountability is to be emphasized.
During the "brainstorming" sessions, several approaches have been discussed ranging from a
total rewrite of the SCP to cleaning up portions of the SCP.
(Tschinkel) Is the EOG taking into account issues such as the types of policies that should
be left to the translational plans and are other roles for the translational plans envisioned?
(Varn) The translational plans are needed to interpret the SCP to the next level.
(Tschinkel) What should the role and status of the translational plans be? It makes no
sense to continue a process that is so labor intensive and has only an advisory role in the
(Rhodes) We must look at the DWMPs and the role of the SRPP and determine what
function they have and determine whether the translational plans are needed. You cannot
automatically assume that they are needed.
Strategic Regional Policy Plans
The Strategic Regional Policy Plans (SRPP) are intended to be a long-range guide for the
physical, economic, and social development of a comprehensive planning district which
identifies regional goals and policies. The SRPPs are to contain regional goals and policies
that address affordable housing, economic development, emergency preparedness, natural
resources of regional significance, and regional transportation. Natural resources of
resources of regional significance must be geographically identified. The plans may address
any other subject which relates to the particular needs and circumstances of the
comprehensive planning district as determined by the regional planning council.
The proposed SRPP Rule was published on Friday, March 18, 1994. The rule goes to
JAPC on March 21, 1994, and the EIS will be completed by April 1, 1994. Some of the
estimated costs to the RPCs range from $100,000 to over $400,000. A public hearing may
be held on April 11, 1994. [Staff note: A public hearing was requested and held on April
There is a requirement that the SRPPs geographically identify natural resources of regional
significance. Each RPC, by 2/3 vote, must identify these resources on a map. The EOG
has asked for maps to the scale of 1:100,000.
The proposed SRPPs are due beginning in March 1995 through January 1996. The EARs
come in 5 years later.
(Raynor) The proposed rule suggests that the RPCs use information provided by the
WMD, however, there is no statutory authority to require the councils to use the
(Shelley) A major concern about the proposed Rule is that if a regional planning council
decides not to identify a significant resource, there is no linkage back to other agencies'
concerns. A critical gap exists if the State resources are not listed in the SRPPs.
(Tschinkel) This burden cannot be placed solely on the RPCs, but must have assistance of
the WMDs. If you have natural resources of regional significance, maybe those areas and
the general policies that are going to be used in some kind of planning document need to be
adopted as a rule.
(Shelley) The DCA would rather adopt the regionally significant natural resource
identification as a rule and face a challenge.
(Varn) What is the relationship between the SRPPs and ICE? How are the SRPPs going to
be developed when we don't know what we are doing with ICE?
(Shelley) The SRPPs are a critical precursor to ICE. There is a strict ICE schedule based
on the desire to terminate the DRI process and not as it relates to the adoption of the SRPP
and the local government EARs.
(Powell) When the SRPPs begin to be submitted, will they be reviewed by the DCA under
the Memorandum of Agreement.
(Shelley) The DCA asked that the EOG maintain the lead role in the review of the SRPPs
because the EOG may provide a more effective review.
(Raynor) EOG is asking DOT, DCA, DOC, GFWFC, DEP, appropriate WMDs, and
adjacent RPCs to review the proposed SRPP.
(Swihart, DEP) Are there legal problems or opposition with the common identification of
natural resources of regional significance in the DWMPs and the SRPPs? What are the
reasons for not having it in the proposed rule?
(Raynor) The DWMPs are not being adopted by rule, so why should the SRPPs take what
the DWMPs have in them?
(Shelley) Even if the DWMPs were adopted by rule, it will not be required to be in the
SRPP unless it is statutorily required.
(Swihart) Why couldn't the SRPP rule establish the minimum elements of a resource of
(Raynor) It was originally approached in this manner, however there is a statutory
requirement to identify these resources geographically in the SRPP.
(Tschinkel) Why require the RPCs to be responsible for identifying these resources when it
is not their expertise or statutory responsibility?
(Rhodes) The RPCs are not precluded from adopting a DEP specific rule. The regional
resources have to meet either a dual or a tri-partite statutory definition as to what is
regionally significant. If a DEP, GFWFC, or WMD policy meets this requirement, it is
fine, but to have them automatically used it is not required.
(Milledge) The SRPPs should be required to use the information included in the DWMPs,
Conservation and Recreational Lands (CARL), Save Our Rivers (SOR), etc., if they are to
have any validity.
(Tschinkel) Should the RPCs be required to use the resources already identified through
CARL, SOR, Water Use Caution Areas, etc., and determine the measures needed to protect
the resource, or should there be another way of identifying these areas?
(Shelley) The SRPPs have been narrowed to 5 strategic areas: natural resources of regional
significance, transportation, economic development, affordable housing, and emergency
management. The ELMS' approach stated that where an agency has already identified
something by rule, it should be included in the SRPPs.
(Seibert) Once the RPCs have compiled all of this information, what effect does it have?
(Shelley) The LGCP must be consistent with the SRPPs, however, it cannot be the sole
reason for a finding of inconsistency.
Regional Governance Report and Findings
Mary Kay Falconer, Executive Director, Advisory Council on Intergovernmental Relations
The ACIR conducted research on special districts in 1987. The Task Force should consider
s. 189.415, F.S., which tries to bring special districts into the growth management process.
WMDs are special districts and subject to the requirements of s. 189.415, F.S.
Section 189.4155, F.S., states that the construction or expansion of a public facility or
major alteration which affects the quantity or quality of the level of service of a public
facility undertaken by a special district shall be consistent with the applicable plans. Water
management districts and water supply authorities are explicitly exempt from this
The Regional Governance Report that the ACIR completed covers seven types of regional
entities. Of particular interest to the Task Force in the report are the water management
districts, water supply authorities, regional planning councils, and metropolitan planning
A survey of the water management districts was conducted as they relate to technical
assistance provision, inter-regional coordination, and the relationship between the
Consumptive Use Permits and the adopted local government comprehensive plans. The
survey demonstrated that there is quite a bit of consistency among the districts in relation to
technical assistance given to local governments. The differences are in the relationship
between the CUP and the adopted local plans. The South Florida Water Management
District seems to be ahead of the other districts because it reviews the plans when it
considers the CUPs. It is almost a basis for the issuance of the CUP (as of three years
The ACIR supports having ex officio water management district members sitting on the
regional planning councils, however, some water management districts are located within
several regional planning council boundaries.
ACIR is currently conducting a study on the fiscal impacts of the ELMS legislation and will
be continuing this for the next three years.
The Task Force should:
* understand the statutory requirements and limitations when formulating its
* understand which agencies conduct land planning (such as water control districts and
community development districts) and their relationships among state, regional and
* be familiar with how water is dealt with in LGCPs; and,
* look at the CUP link with the local government comprehensive plans.
The SRPPs are not explicitly required to address water issues except for those included in
the natural resources of regional significance.
Should the water management districts keep track of the water needs already committed
through the local government comprehensive plans?
(Rhodes) Please clarify what the Task Force should focus on in terms of Chapter 189, F.S.
(Falconer) The Public Facilities Reports prepared by special districts focus upon the
construction and maintenance of public facilities. Counties and cities should be aware of
these reports and utilize the information in the local government comprehensive plans.
(Rhodes) If water management districts are independent special districts for purposes of
Chapter 189, F.S., and the provisions apply unless otherwise expressly excluded, could the
water management districts be linked into local plans like other independent special districts?
(Falconer) Chapter 189 addresses only public facilities and not water use policy or
planning. The reports deal more with the acquisition of land and construction of facilities.
There is some authority for local governments to use and understand what the WMDs are
doing and then to incorporate that when they prepare the LGCP and amendments.
(Tschinkel) Consumptive use permitting is a totally different issue. It is clear that local
governments are planning for a projected future growth. There is currently no relationship
between the quantity of water that is permitted for consumption and the quantity of land the
local governments are laying out for future development.
(Varn) While the local government comprehensive plan will accommodate a certain number
of people, the plan is also predicated on there being a certain population. The plan may
give a certain multiplier, projecting growth of 100,000, but the local government will
develop its plan based on a projected population of 300,000.
(Shelley) To the extent that there has not been established a close correlation between what
local governments are planning for in the land use plans and what we are able to provide
water for, there is the expectation that we are able to provide the water.
(Seibert) The ACIR Report suggested a reconstitution of the governing boards of the water
management districts. How serious was ACIR with this recommendation?
(Falconer) The Senator who proposed this language was very serious. This was not part of
the ACIR staff recommendations to the Council. This has come up with the Special District
Accountability work, which wanted half of the board to be appointed, and to bring in more
local government representation.
(Hungerford, ACIR) Four years ago, the ACIR looked at other states and how they were
addressing water related issues. California's planning has been specialized. There was no
provision at that time to bring the specialized planning agencies together to integrate their
plans. California is now going back and statutorily requiring these entities to come together
collectively and develop plans that would be mutually acceptable. They are having difficulty
in accomplishing this due to the special districts autonomy and political clout. Don't let
Florida get caught in this situation.
EAR/ICE Rules, Processes and Linkages
Secretary Linda Shelley and Paul Noll, Department of Community Affairs
Intergovernmental Coordination Element, Secretary Linda Shelley
When the ICE elements are prepared, they shall at a minimum, identify all regional and
state resources and facilities identified in the SCP and the applicable SRPPs. These
resources and facilities will also be identified by geographic location and not solely by
generic type. This can be accomplished by referencing other plan elements, other
documents or specified portions of other documents. A critical component of the ICE
process is the identification of natural resources of regional significance.
Evaluation and Appraisal Reports, Paul Noll
The EAR submission schedule goes into affect on Wednesday, March 23, 1994. The EAR
schedule starts with Dade County which will submit its EAR in November 1995.
The large cities are on a cycle of 7 years after adoption of their plan and every 5 years
thereafter; the small cities are on the cycle of 12 years after the adoption of their plan and
every 10 years thereafter. Small cities are defined as those under 2,500 in population.
The SRPP will be on a five year schedule with the first submissions in 1995 and then again
in the year 2000.
Exhibit D, Handout A, pg. 6, (attached) contains the section of the rule that describes the
transmittal procedure of the proposed and final EAR, the review of the EAR and the
minimum criteria of the EAR.
Page 8, section 4, is the criteria for determining sufficiency: (1) whether or not it was
adopted and submitted in a timely manner; and (2) whether it addresses all of the requisite
provisions of the law. The sufficiency review shall not be a compliance review and the
Department will only be looking for completeness and timeliness. This section states that if
the local government wants the Department to provide substantative comments, it will, but
the comments will not be binding on the local government.
Page 10, section 6, contains the minimum criteria for the EAR reports. The major elements
of the EAR will be the comparison of the adopted local government comprehensive plans
with actual achievements, major problems of development, physical deterioration, location of
land use, social and economic effects, unanticipated and unforeseen problems, consistency
with changes in the State Comprehensive Plan, identification of needed actions to address the
issues raised in the report, and the public participation process.
Nothing requires the EARs to look at water planning any differently than the local
governments did before. Water related issues can be found as objectives and policy
requirements in land use, conservation and capital improvements elements, such as
protection of natural resources, coordination of resources with management plans, ensure
availability of land for utility facilities, establishment of a level of service to ensure
concurrency, provision of drainage, protection of wellfields and environmentally sensitive
There have been no changes to the elements in Chapter 9J-5, F.A.C.
The EARs will address water planning to the extent that data updates and re-analysis will be
required. The plans will be required to provide a summary of the conditions and quality of
all natural resources. All of the goals, objectives and policies must be reviewed and
assessed for achievement, and new goals, objectives and policies may be proposed.
The WMDs will not review the EAR unless the local government specifically requests the
DCA and WMD to review it. The EAR will be the supporting documentation for the EAR
based plan amendments.
(Milledge) Is there a statutory reason for the EAR not going to the water management
district or did the DCA just not want to put the requirement in?
(Noll) The plan amendments will go to the appropriate WMDs. The EARs come to DCA
for a sufficiency determination.
(Varn) We are missing an opportunity by not using the EAR process to be more than what
it is currently geared to be.
(Tschinkel) The EARs are a voluntary assessment of the plan, but why the lack of
participation by other agencies in the EAR process? What is the rationale of not requiring
typical commenting agencies to review the EAR unless the local governments request it?
(Shelley) ELMS spent a lot time discussing the nature of the EAR process as opposed to
the EAR plan amendments. The EAR report is an opportunity for the local governments to
connect the planning experience with its plan. If extensive compliance and checks and
balances were required, the local governments would not be willing to undertake the full
examination of its trends and conditions, background, data and analysis, and update the plan
accordingly. This does not change what happens with the plan amendments. After the
report, the local governments must amend their plan consistent with the new data and
analysis, and reflect changes in the law.
(Powell) Public participation is important to the EAR process. The rule specifically
includes a requirement for local governments to provide for adequate public participation in
the development of the EAR.
(Tschinkel) The WMDs are constantly developing new data and information which should
be available to the citizens and local governments.
(Powell) There are two things to focus on in connection with that: (1) the assumption that
local governments are going to do their best to conduct the analysis that is required by the
law; and (2) in the event that the "best available data" is not used in the EAR's analysis,
when the subsequent plan amendment comes through, there is a legal requirement that the
local government use the best available data.
(Shelley) It is assumed that the local government will be honest when they determine that
they do not need to amend their comprehensive plan subsequent to the EARs. Except for
the requirement that the local governments address changes in the law, the DCA has no way
to initiate the local plan amendments.
(Varn) When the local governments have received information from the water management
districts that was not available when the plan was developed, it is crazy not to take that
information into account in terms of the plan as it exists. The EAR process does nothing.
(Shelley) To say this plan does nothing, assumes that the local governments will not in
good faith try to update their data and analysis with the new information.
(Varn) But if the local governments don't, what happens? The criteria and standards have
changed from the time that the first local government comprehensive plans were submitted.
Depending on when you went through the process, you had different criteria as to whether
you were deemed in compliance. Everybody should be held to the same standard. The
EAR process should be the mechanism through which all of the plans could be brought into
compliance with the DCAs current policies.
(Shelley) The DCA does not look at issues the same way today as it did in 1988 when it
started plan reviews. Changes in the law must be addressed, but changes in the policy
interpretations of the reviewing agency are not expected to be part of the EAR process.
(Varn) Is this an issue that the Task Force should address? All of the plans should be held
to the same standard.
(Tschinkel) This is an area that the Task Force can set up a subcommittee to discuss the
issues. We are uncomfortable with the idea that data and information not become available
to everybody. The whole reason that the local planning process was developed was to
enhance public participation.
Closing and Administrative Matters
A decision will be made at the next meeting regarding whether or not the group will
consider the water allocation issue.
The Task Force was presented the Options by Theme identified at the previous meetings.
The options have not been discussed by the Task Force per se, but have been mentioned
throughout the previous meetings.
In discussing the plans and the planning process, the Task Force should consider the
substance of the plans; how they overlap, inter-relate and repeat; the legal status (are they
adopted); the legal effect (how do they have to be considered and who has to consider
them); the timing of plan development and revision; and, the adequacy of plan linkages.
The first subcommittee should address planning efforts at the State level -- the relationships
among the translational plans and how they relate back to the growth management portion of
the State Comprehensive Plan.
The second subcommittee should address the issues at the regional level. This group should
look at the new SRPPs. Of particular importance is the portion of the SRPP regarding the
natural resource of regional significance; how and in what way do the WMDs fit into this
plan; what should be their legal responsibility?
The third subcommittee should address the EAR process. Is the EAR process structured in
such a way that water issues can adequately be taken into account? Is the necessary data
and information available and is it being adequately disseminated? Also, consider the
technical assistance part of the EARs and the ICE process at the local level.
Interim reports should be made by the subcommittee chairs at the next Task Force meeting
to give the full Task Force some thoughts as to items in the outline and any other issues.
There are inter-related issues among the subcommittees.
(Seibert) The Florida League of Cities and Association of Counties should be invited to
participate at the staff level on these subcommittees.
Subcommittee meetings should be noticed to the entire mailing list. Notices should also be
sent to the local press board.
(Hamann) What will the end product of the subcommittees be?
(Tschinkel) The subcommittees should develop sections II and III of the Task Force Final
Report. It might be a good idea to have the subcommittees meet around the time of the full
Task Force to accommodate travel. The first meeting should be scheduled for some real
discussion of the issues.
The Governor's Office will be responsible for noticing all of the subcommittee meetings.
The meeting was adjourned at 2:30 p.m.
WAKULLA COUNTY ORDINANCE NUMBER 94-
AN ORDINANCE OF WAKULLA COUNTY, FLORIDA TO
BE KNOWN AS THE WAKULLA SPRINGS WATER QUALITY
PROTECTION REGULATION; WITHIN A DESIGNATED
SPECIAL PLANNING AREA WITHIN UNINCORPORATED
WAKULLA COUNTY TO PROTECT AND PRESERVE WATER
QUALITY IN AND AROUND WAKULLA SPRINGS; AMEND
THE WAKULLA COUNTY LAND DEVELOPMENT CODE;
DEFINITIONS IN SECTION 2-4; IDENTIFYING
THE RESTRICTIVE INTENT IN SECTION 5-1; ADDING
MONITORING, DISCHARGE REPORTING, CLEANUP, AND
ENFORCEMENT PROVISIONS TO SECTION 5-10;
IDENTIFY CONTROLLED TOXIC AND HAZARDOUS
SUBSTANCES; PROVIDE ALLOWABLE QUANTITIES AND
MEASUREMENTS; ESTABLISHING AN APPEAL PROCESS;
PROVIDE SPECIAL EXEMPTIONS FROM REQUIREMENTS;
PROVIDE SEVERABILITY; PROVIDE AN EFFECTIVE
WHEREAS, the Wakulla County Board of County Commissioners
finds that The Edward Ball, Wakulla Springs State Park is a
valuable cultural and natural resource and asset to Wakulla
County and the State of Florida; and
WHEREAS, Wakulla Springs is a regionally significant natural
resource with a world wide reputation as a Florida scenic area,
an Outstanding Florida Waterway, culturally and historically
significant, replete with tranquil natural surroundings and
crystal clear water; and
WHEREAS, the Wakulla County Board of County Commissioners
finds that the natural wonder and beauty of Wakulla Springs and
its associated flora and fauna are valuable natural resources
worthy of preservation; and
WHEREAS, the Wakulla County Board of County Commissioners
finds that it is in the best interest of the citizens of Wakulla
County and the State of Florida to protect the primary function
and related aspects of Wakulla Springs, the State Park, the
Wakulla River and its contributories, and the qualities which
make this phenomenon a world renown natural wonder; and
WATER QUALITY O NANCE
WHEREAS, the Wakulla County Board of County Commissioners
further finds that the principal resource of the Edward Ball
Wakulla Springs State Park is its artesian water and related
water resources, and
WHEREAS, Goal 1, of the Wakulla County Comprehensive Plan
requires that natural resources be protected from degradation;
and Objective 1, provides that the existing development regula-
tions be amended to implement the goals, objectives and policies
of the Comprehensive Plan; and
WHEREAS, Policy 1.5, of the Wakulla County Comprehensive
Plan requires that the development regulations be amended to
, provide standards which protect wildlife, water flow, and water
quality in the floodplains, sinkholes, wetlands, and upland
habitat areas of the County, and
WHEREAS, Conservation Goal 1, Objectives 2, 3, 4, 5, and
the related implementation policies of the Wakulla County Compre-
hensive Plan require that the land development regulations be
amended to protect water quality at Wakulla Springs; educate the
public on water quality issues; regulate land use which may
adversely impact water resources; identify toxic and hazardous
materials, and prohibit the discharge of pollutants, as identi-
fied by the Florida Department of Environmental Protection, into
WHEREAS, the Wakulla County Board of County Commissioners
finds that in order to protect and preserve the water quality and
water resources of Wakulla Springs and its contributory water
systems, the Board must restrict or condition the use, storage,
and disposal of identified toxic and hazardous chemicals or
substances, as shown on Exhibit A, within a designated special
planning area as identified on Exhibit B, which shall be deline-
ated on the Official Zoning Atlas and/or Comprehensive Plan
Future Land Use Map; and
WHEREAS, the Wakulla County Board of County Commissioners
further finds that it is necessary to describe what the restric-
tive intent of the special planning area is, how ex-isting land
uses will be affected, what the special planning area designation
will mean to future land use approvals, and make corresponding
changes to the pertinent sections of the Wakulla County Land
Development Code to implement the legislative intent.
WATER QUALITY ORDYJ\NCE
NOW THEREFORE, BE IT ORDAINED BY THE WAKULLA COUNTY BOARD OF
COUNTY COMMISSIONERS THAT:
SECTION 1 LEGISLATIVE INTENT
There is hereby created a new Ordinance to amend Ordinance
85-4, Land Development Code, which shall be known as and may be
cited as the Wakulla Springs Water Quality Protection Regulation
or Water Quality Ordinance. It is the intent of this Ordinance
to be consistent with federal, state, and local government well-
head and aquifer protection regulations.
1. It shall be a violation of this Ordinance to discharge any
substance in a manner that will cause surface or ground water
2. The intent of this Ordinance is to protect and maintain the
quality of water resources in Wakulla County, Florida, and to
ensure additional water quality protection to ground water af-
fecting Wakulla Springs by providing objective standards and
measurable criteria for regulating the use, handling, production,
storage, and disposal of toxic or hazardous substances, as iden-
tified in Exhibit A. Exhibit A may be amended by Resolution of
the Wakulla County Board of County Commissioners only by recom-
mendation of County staff and the Planning and Zoning Commission,
and by a four-fifths (4/5) vote of the Board at a duly advertised
3. For the purposes of this Ordinance, it shall be a County
policy that the property owner and/or responsible party shall be
held liable for all activities which contribute to ground water
contamination that occurs on their property through their ac-
4. It is the intent of this Ordinance to meet or exceed the
goals, objectives, and policies established in the adopted Wakul-
la County Comprehensive Plan.
5. The Wakulla Springs Special Planning Area shall include the
land and surface waters identified in Exhibit B. Exhibit B may
be amended by Resolution of the Wakulla County Board of County
Commissioners only by recommendation of County staff and the
Planning and Zoning Commission, and by a four-fifths (4/5) vote
of the Board at a duly advertised public hearing.
WATER QUALITY OI NANCE
6. This Ordinance herein establishes regulations to protect
water quality by providing standards and criteria to regulate the
use, handling, production, storage, and disposal of regulated
substances and applicable facilities in order to preclude the
introduction of hazardous or toxic substances into surface or
7. Through these.provisions, the Water Quality Protection
Regulations shall protect the quality of water contributing to
Wakulla Springs, related public and private potable water wells,
groundwater, and related water resources. Development permits or
rezoning requests which are found to be inconsistent with this
Ordinance or which are found to adversely impact water resources
shall not be approved by the County.
8. The County shall authorize the establishment of a funding
mechanism for the implementation, monitoring, and enforcement of
this Ordinance through the Planning Department annual budget, fee
resolutions, or other identified mechanisms.
SECTION 2 DEFINITIONS
The following words or phrases used in the Ordinance have
the following meaning or definition:
1. Aquifer Any saturated, permeable geologic unit that can
transmit significant quantities of water under ordinary hydraulic
2. Containment A system used to prevent the release of
regulated substances into the environment. Such systems shall be
constructed of impervious materials which stop or retard a regu-
lated substance from being released into the environment. The
sizing of the containment system must have sufficient capacity to
contain 110 percent of the volume of a storage system or contain-
3. Contamination The presence of a regulated toxic or hazard-
ous substance in the ground water or land area such that its
presence degrades the quality of the resource so as to impair its
normal use or function or constitute a hazard.
4. Department The Wakulla County Planning Department.
WATER QUALITY ORDI. 4CE
5. Discharge As defined by FDEP including, but not limited to,
a non permitted discharge, a spill, leak, seep, pouring, misap-
plication, emitting, emptying, cleaning, or dumping of a regulat-
ed substance which may adversely impact ground water quality.
6. EPA U.S. Environmental Protection Agency
7. FDEP Florida Department of Environmental Protection (F/K/A
FDER, DER, Department of Environmental Regulation).
8. Groundwater Water that is found in the subsurface of the
earth, beneath the water table in soils or geologic formations
that are fully saturated.
9'. Hazardous Substance Any substance that has one or more of
the following characteristics: ignitability, corrosiveness,
reactivity, or toxicity as defined in 40 CFR, Part 261 (as amend-
ed) and which may have a bioaccumulative effect or harmful per-
sistence in nature.
10. Person Plural or singular, an individual or partnership,
corporation or incorporated association, public or private entity
or similar entities.
11. Regulated Substances A toxic or hazardous substance
regulated by this Ordinance that may cause ground water contami-
nation, including but not limited to:
A. substances or their degradation or interaction products
which because of quality, concentration, or physical/chemical
characteristics (including ignitability, corrosiveness, reactivi-
ty and toxicity) exhibit radioactivity, mutagenicity, bioaccumu-
lative effects or persistence in nature; or
B. those substances set forth in Exhibit A, or the Lists
as amended, entitled Lists of Hazardous Waste (40 CFR, Part 261,
Subpart D), Hazardous Constituents-Appendix VIII (40 CFR, Part
261), and EPA Designation Reportable Quantities and Notification
Requirements for Hazardous Substances Under CERCLA (40 CFR,
C. those substances which have known hazardous properties
as identified by the EPA in 40 CFR 302; or
WATER QUALITY OfNANCE
D. those substances which are "restricted-use pesticides"
pursuant to Chapter 487, Florida Statutes, or identified in the
listings found in Rules 5E-2, and 5E-9, Florida Administrative
E. water which contains total dissolved solids (TDS) in
excess of 10,000 parts per million (PPM) or chlorides in excess
of 500 PPM; and
F. water quality requirements for public drinking water
systems shall conform to the standards set forth in Rule 17.550,
Part III, Florida Administrative Code, as amended.
SECTION 3 GENERAL PROVISIONS
1. The affected properties associated with the Wakulla Springs
Water Quality Protection Regulation shall be delineated within a
special planning area, as shown on Exhibit B, and shall also be
shown on the Official Zoning Atlas and/or the Future Land Use Map
Series of the Wakulla County Comprehensive Plan. The area may
also include contributing water bodies such as rivers, streams,
sloughs, springs, and other water sources which flow into or
directly affect water quality in Wakulla Springs or the spring
run within the boundaries of the Edward Ball Wakulla Springs
2. Any business, agency, or person that uses, stores, manufac-
tures, or disposes of a regulated substance as identified in
Section 2, in quantities greater than five (5) gallons if liquid
or greater than 50 pounds if solid, shall be required to register
with the Wakulla County Planning Department, on forms to be pro-
vided by the Department, within 120 days of the effective date of
this Ordinance. Any business or agency currently being inspected
under Chapters 17-761 or 17-762, F.A.C., Storage Tank Compliance
Verification Program may register with the County by a transfer
of existing records in lieu of completion of the County forms.
3. A proposed new business or facility requesting development
permits or rezoning to a land use designation or category which
contemplates using any regulated substances identified in Section
2, shall provide sufficient information at the time a permit or
rezoning is requested to document the use, storage,'or disposal
of regulated substances and fully describe said use, storage, or
disposal of the regulated substances such that the County can
assess and formulate approval conditions to monitor and protect
ground or surface water quality.
WATER QUALITY ORDIf'"CE
4. Section 2-1, Language and Construction, the Land Develop-
ment Code (LDC) shall be amended to include a Subsection 2-1(10)
which shall state:
(10) Special Planning Areas, such as those special planning areas
associated with Wakulla Springs State Park, presently allow
agricultural, residential, and non-residential development or
land uses. For the purposes identified herein, the term develop-
ment shall have the same definition as provided in Section
380.04, Florida Statutes, 1993. These existing general land uses
shall continue to be allowed consistent with the provisions of
the County Development Code and Comprehensive Plan.
A. Agricultural uses include silvicultural land uses shall be
allowed pursuant to best management practices as outlined in the
publication Silviculture Best Management Practices, 1993; Florida
Department of Agriculture and Consumer Services", and the use of
regulated substances by agricultural or silvicultural interests
shall be consistent with all EPA labeling rules and requirements.
B. However, some land uses are associated with toxic or hazard-
ous substances or materials which could be reasonably associated
with surface or ground water contamination and pollution. Sec-
tion 2 identifies specific toxic or hazardous substances and
compounds which need additional consideration at the time devel-
opment or land use permits are requested to facilitate the re-
view, track the use, and monitor the storage and disposal method-
ology to ensure that every precaution is taken to protect ground
and surface water quality. Within special planning areas, such
uses may be approved subject to approval conditions or restric-
tions to provide the maximum possible protection to water re-
5. Section 2-4, Definition of Terms, shall be amended to in-
Special Planning Area Boundaries: A special planning area delin-
eated on an official map or zoning atlas of Wakulla County.
Within such areas, land uses may be restricted in addition to
other land use standards to protect and preserve water quality
in surface and ground water resources. Determinations of the
exact location of the boundary lines of such special planning
areas shall be consistent with the provisions set forth in Sec-
tion 5-2, Wakulla County Land Development Code.
WATER QUALITY OR OANCE
Restriction or Land Use Restriction: The zoning districts iden-
tified in the County zoning regulations allow land uses which may
be approved with site specific conditions or restrictions to
provide a buffering effect, prevent pollution, meet concurrency,
to make land uses compatible with adjacent or abutting land uses,
or to ensure compliance with the County Comprehensive Plan and
development regulations. Land use restrictions may also be
associated with actions that are independent of the original land
use or rezoning approval and may be approved by the Board of
County Commissioners at a duly advertised public hearing.
6. Public Notice and Appeal Provisions: Such restrictions on
'the use of land and future land use approval and rezonings shall
be pursuant to the standards set forth in Chapter 3 of the Land
Development Code. An appeal of any decision made regarding such
land use restrictions shall be pursuant to Section 3-23, Land
7. Comprehensive Plan and Related Land Use Map Amendments:
Changes to -the Comprehensive Plan or related Future Land Use Map
series shall be consistent with the applicable requirements and
standards set forth in Chapter 163, Florida Statutes, and Rule
9J-5, Florida Administrative Code.
8. Chapter 5, Zoning Regulations and Districts: Section 5-1,
General Restrictions on Land Use, Buildings, and Structures; is
amended to create Subsections (7) and (8) as follows:
(7) The Planning Department shall be responsible for the
monitoring and enforcement of the provisions of the Zoning Regu-
lations as set forth in the Land Development Code. The Depart-
ment shall also monitor special planning areas for compliance
with the intent of the Codes. Such special land use areas shall
include the Special Planning Area associated with Wakulla
Springs. Land use amendments and rezoning applications within
such designated areas shall be reviewed for consistency and
monitored for compliance with all County codes and applicable
approval conditions and restrictions.
(8) A violation of land use approval conditions.or restric-
tions may result in code enforcement or additional legal action
including the filing of liens against a property to reimburse the
cost of cleaning, maintenance, or repairing of a site to ensure
compliance with the Codes. Property that is found to be in
S WATER QUALITY ORDIN.W E
violation of such land use conditions or restrictions shall not
receive additional County land use approval or development per-
mits until the identified violation has been corrected to the
satisfaction of the County.
SECTION A EXEMPTIONS AND MONITORING
1. Within a designated special planning area, emergency serv-
ices such as Fire Fighting, Law Enforcement, Emergency Medical
Services, and Department of Emergency Management facilities shall
be exempt from the registration provisions of this Ordinance.
2. The continuous transit or transportation of any regulated
substance shall be exempt from the registration provisions of
this Ordinance provided that the transport motor vehicle is not
located on the same site for more than seventy-two (72) hours.
However, if the vehicle containing the regulated substance is not
regulated by the U.S. Department of Transportation, or Florida
Department of Transportation, or Florida Department of Highway
Safety, then it shall be deemed stationary, not in continuous
transit, and shall require registration and compliance with this
3. The use of a regulated substance in any vehicle or piece of
agricultural equipment as a fuel or lubricant shall be exempt
4. Retail or wholesale establishments that store or handle
regulated substances for resale in the original unopened contain-
er shall be exempt from the registration requirements if the
original unopened container does not measure in excess of five
(5) gallons of liquid or 50 pounds of solid regulated substances.
5. Office uses which include the use of regulated substances
for the maintenance or cleaning of the office building shall be
exempt from the registration requirements.
-6. 'Residential use of regulated substances for cleaning, main-
taining, pest control, or other related residential scale use by
a household that is not a regulated business shall be exempt from
the registration requirements of this Ordinance. However, agri-
cultural operations which store regulated substances in undiluted
quantities exceeding five (5) gallons liquid or fifty pounds of
solid material within a special planning area shall register with
WATER QUALITY OltNANCE
7. An affected person or agency may request a special exemption
from the registration requirements of this Ordinance. In order
to obtain an exemption, a person shall demonstrate by competent
and substantial evidence presented to the Planning Department
that special or unusual circumstances and adequate technology
exists to isolate the facility or proposed activity from soil,
surface, or ground water pollution. In granting a special exemp-
tion, the Department may prescribe additional appropriate condi-
tions that are deemed necessary to protect the water resources
SECTION 5 REPORTING OF DISCHARGES
1. Any discharge of a regulated substance at the reporting
thresholds established herein, shall be reported immediately by
the facility owner, operator, or responsible party to the Wakulla
County Planning or Emergency Management Departments. Such noti-
fication shall in no way alleviate the owner, operator, or re-
sponsible party from any other local, state, or federal reporting
obligations as required by law. The Planning Department shall
inform the Emergency Management Director, who shall inform FDEP
and/or EPA when appropriate, of the obtained information regard-
ing the discharge, including but not limited to, the regulated
substance discharged, the amount, location, duration of dis-
charge, and the potential hazardous effects to citizens and
groundwater resource, if known.
2. Threshold Reporting Quantities
A. The following substances and chemicals shall be reported
immediately to the Department if the amount discharged is equal
to or greater than one (1) gallon.
1. Chlorinated Solvents including, but not limited to:
B. The following substances and chemicals shall be reported
immediately if discharged in an amount equal to or greater than
five (5) gallons.
WATER QUALITY ORDI' ?CE
1. Pesticides (specifically generic names)
2. Phenolic Compounds
C. Petroleum or petroleum products including petroleum
based solvents shall be reported if discharged in an amount equal
to or greater than five (5) gallons.
D. All other regulated substances listed in Section 2 of
this Ordinance shall be reported immediately if discharged in an
amount equal to or greater than five (5) gallons of liquid or
fifty (50) pounds if non liquid.
E. The Planning Department is established as the contact
point and designee for the reporting of newly formed sinkholes.
Sinkholes shall be reported prior to backfilling. Backfill
material shall be uncontaminated materials of equal or lower
permeability than the surrounding soils.
SECTION Discharge Prevention Practices
1. All regulated businesses shall, at a minimum, inspect hold-
ing containers for regulated substances on a weekly basis. Rea-
sonable assurance that leakage or breakage can be detected, may
be accomplished visually. Containment systems shall also be
checked for structure failure, rust, oxidization, or other visual
signs of failure.
2. New construction and containment of regulated substances,
such as leak-proof trays, floor curbing, and other secondary
containment systems shall be installed under containers of liquid
regulated substances. The secondary containment system shall be
of sufficient capacity to facilitate the volume of stored liquid
plus an additional 3.0 inch rain storm event if stored outdoors.
3. The specific design and selection of materials shall be
appropriate to preclude a regulated substance from being dis-
charged into the environment. Containment systems shall be
operated in such a manner that rainfall or external moisture can
be managed. These requirements shall apply to all production,
storage and handling areas, loading areas, and storage tanks or
facilities located above or below ground.
WATER QUALITY O NANCE
4. All property owners within a special planning area who use,
store, or manufacture regulated substances shall upgrade or
retrofit concurrently to new construction containment standards
when any existing building or facility improvements are proposed
for permitting, or by January 30, 1999. Any storage facilities
regulated by Rules 17-761 or 17-762, F.A.C., shall meet the
required retrofitting schedule. All new construction provisions
shall be reviewed and met concurrent with building or site plan
review, or before final inspection as required by this Ordinance.
SECTION 7 Monitoring, Discharge Inspections, and Cleanup;
General Information and Guidelines.
1. If a facility is found to have visible signs of contamina-
tion or if a reported discharge has occurred that may adversely
affect soil, surface, or ground water, the property owner or
tenant may be required to conduct an investigation and study that
includes, but is not limited to, soil borings, soil or ground
water sampling and analysis, installation of monitoring wells,
and other provisions to adequately determine the extent and
mitigation needed to compensate for the adverse impact and pre-
vent future occurrences. A facility that experiences a discharge
of regulated substances shall immediately take all necessary
steps to minimize the potential of ground water contamination.
2. Rule 17-770, F.A.C., establishes procedures to be utilized
to address petroleum and petroleum products contamination. Rules
17-761 and 17-762, F.A.C., establishes procedures to be used for
closure of storage tanks.
3. The County may utilize established FDEP enforcement cases or
follow FDEP's "Model Orders for Corrective Action", or consent
order procedures as guidance for minor cleanup actions.
4. Sampling procedures and laboratory analysis shall meet or
exceed the requirements set forth in Section 403.0625, F.S.
5. Injection wells and drainage wells shall not be permitted
within the Wakulla Springs Special Planning Area. Proposed heat
pump return wells shall not be allowed in special planning areas
unless it can be shown by the applicant that sufficient engineer-
ing and water contamination controls can be designed into the
system such that no contamination of surface or ground water
resources will result from the use. The applicant will also
specify a suitable monitoring and reporting process to the satis-
faction of the Planning Department.
WATER QUALITY ORD. LNCE
6. Well abandonment within Wakulla County shall be coordinated
through the Northwest Florida Water Management District.
7. All geotechnical borings within the Wakulla Springs Special
Planning Area that are deeper than 25 feet shall be neat cement
grouted to the surface to prevent downward migration of contami-
nants along the borehole. All borings less than 25 feet in depth
shall be backfilled with the original drill soil to the surface
of the boring to prevent the creation of a sump. If a boring is
made through an impervious surface (asphalt or concrete), the
patch shall be made with similar materials. If contamination is
detected in any geotechnical boring, the contaminated soils shall
not be ,used as replacement material. The contaminated site shall
be reported to the Department pursuant to the reporting require-
ments of this Ordinance.
8. The discharge of regulated substances into a septic tank or
individual sewerage disposal facility shall constitute a viola-
tion of this Ordinance. If upon testing, a regulated substance
is identified in the septic tank or drain field to the extent
that the violation may reasonably cause ground water contamina-
tion, the property owner or tenant may be required to conduct an
investigation or analysis as required in Section 7 of this Ordi-
nance. Floor drains, grease traps, and oil/water separators
shall be constructed to prevent the infiltration of regulated
substances into septic systems, soil, surface, or ground water.
9. Regulated businesses and users of regulated substances shall
keep sufficient records to show inventory, proof of proper dis-
posal or recycling. Inventory and manifest documentation may be
required pursuant to the Resource Conservation and Recovery Act
(RCRA), 40 CFR, Part 262, Subpart B. However, where the business
is not required to document pursuant to RCRA requirements, the
method of record keeping shall be sufficient to allow inspectors
to determine if regulated substances have been disposed of in
compliance with all federal, state, and county laws.
10. Cleanup or remediation of a contaminated site shall begin
within seven (7) days pursuant to the following criteria:
a. Any affected ground or surface water shall be remediat-
ed to background water quality; and
b. Any affected soils shall be remediated using best
available technology; and
WATER QUALITY OhNANCE
c. If soil work is performed, stormwater sedimentation and
erosion controls shall be in place prior to initiation of con-
11. Monitoring and inspections of facilities is herein author-
ized for the Planning Director or designee during regular or
normal operation hours to determine compliance with these re-
SECTION 8 Violations and Enforcement
1. Enforcement procedures shall be initiated upon recognition
or disclosure of a discharge or storage and disposal of regulated
substances that are not consistent with this Ordinances. Contin-
ued enforcement procedures under this Ordinance shall include
data collection and evidencing of unpermitted discharges which
have been reported to the appropriate federal, state of local
2. When a violation of the Ordinance is recognized, the Plan-
ning Department shall issue written notice to the person in
violation, identifying the location and nature of the violation,
and specifying that remedial action is necessary to bring the
violation into compliance with this Ordinance. The notified
person shall immediately commence remedial action, conditions
permitting, and shall have a specified time in the notice to
advise the County of the initiation of such actions, and the time
necessary to complete the actions to come into compliance with
3. Failure to comply with the Notice of Violation within the
time specified may result in the issuance of a restraining order
through a court of competent jurisdiction, other enforcement
actions, or the levying of fines as established by resolution by
the Board of County Commissioners.
4. Whenever it is determined by the Planning Department, in
conjunction with the Emergency Management Director, that a dis-
charge of regulated substances is resulting in an imminent threat
of contamination to water resources or danger to life or property
from such contamination, the County may require immediate correc-
tive action. Initiation of required remediation activities shall
commence within twenty-four (24) hours of notification and shall
be completed within a time frame specified by the Department.
WATER QUALITY ORD. SINCE
Failure to take immediate remedial action shall be found to
be a violation of this Ordinance. In such a case, the Planning
Director or Emergency Management Director may determine that an
imminent danger to health, safety, and welfare of the public
exists and may enter upon such lands, assess the situation, take
corrective actions, and cause the placement of a lien upon such
real property of the person or persons responsible to adequately
recover the cost of the corrective actions and related legal
5. Any lien issued pursuant to this Ordinance shall be imposed
only after notice has been given to the owner of the property,
and the owner has been given a reasonable opportunity to be
heard. Such lien shall be recorded with the Clerk of the Circuit
Court and may be enforced under the provisions of Chapter 125,
6. When completion of all corrective action is confirmed by the
County and/or Department of Environmental Protection, the County
shall issue a notice of compliance in conjunction with FDEP's
Site Rehabilitation Completion Order pursuant to Rule 17-770,
F.A.C. A notice of compliance shall cancel the notice of viola-
7. Any person violating any provision of the Ordinance shall be
punished as provided by law. Each day that a violation continues
without verified remedial action shall be considered as a sepa-
rate offense for purposes of this Ordinance. No building permits
or development orders for new business or occupational license
shall be issued by the County on a site on which a violation
exists. An injunction by the County or by an affected property
owner may be sought in conjunction with the enforcement of this
Ordinance. Enforcement of this Ordinance shall be by the County
in addition to any other existing federal or state enforcement
rules or procedures.
Severability and Effective Date:
a. If any part of this Ordinance is for any reason held in-
valid, such part shall be deemed a separate and distinct provi-
sion and shall not affect the validity of the remaining portion
or portions of this Ordinance.
b. This Ordinance shall take effect as provided by Section
125.66, Florida Statutes, but not sooner than 10 days from the
date of enactment.
WATER QUALITY ORDINANCE
DULY ENACTED AND ADOPTED at regular session by the Wakulla
County Board of County Commissioners, this 8th day of March,
Board of County Commissioners
Wakulla County, Florida
Honorable Sharon Thompson
APPROVED AS TO FORM ONLY:
J. Harold Thurmond, Ex Officio,
Clerk of the. Circuit Court
Ronald A. Mowrey, Esquire
Wakulla County Attorney
WS. WAKRIV.ORD GEM4
Chemical Names of
Regulated Substances Recommended for the Wakulla Springs Protection
o,p-DDT,DDE & DDD
Methyl tertiary butyl ether (MTBE)
4-Bromophenyl phenyl ether
Butyl benzyl phthalate
4-Chlorophenyl phenyl ether
SXH 113 7- t A
1,2-Dibromo-3-Chloro- Mercury and Mercury Compounds
Generic Regulated Substances
Regulated substances shall also include the generic items listed below and by-products, reaction products,
and waste products generated from the use, handling, storage, or production of these items.
Acid and basic cleaning solutions
Arsenic and arsenic compounds
Casting and foundry chemicals
Fire extinguishing chemicals
Fuels and additives
Industrial and commercial janitorial supplies
Inks, printing and photocopying chemical
Medical, pharmaceutical, dental, veterinary,
and hospital solutions
Oils (petroleum base)
Wood preservatives, paint solvents and
paint removing compounds
Plastic resins, and catalysts
Photo development chemicals
Roofing chemicals and sealers
Tanning industry chemicals
Antifreeze and coolants
Brake and transmission fluid
Caulking agents and sealants
Corrosion and rust prevention compounds
Food processing wastes
Glues, adhesives, and resins
Industrial sludges and stillbottoms
Metal finishing solutions
Paints, primers, thinners, dyes, stains
Pesticides and herbicides
Solders and fluxes
Transformer and capacitor oils/fluids
IIi Ii tI *11
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FAt NECi G
The State Land
THE STATE LAND DEVELOPMENT PLAN
Statement of Purpose
Goal # 5: HOUSING
Cluster # 19: Availability and Affordability of Housing
Goal # 7: PUBLIC SAFETY
Cluster # 35: Safe and Secure Citizenry
Goal # 8: WATER RESOURCES
Cluster # 37:
Cluster # 38:
Cluster # 39:
Protection of the Water Supply
Protection of Water Resources
Protection of Natural Systems
Goal # 9: COASTAL AND MARINE RESOURCES
Cluster # 40:
Cluster # 41:
Cluster # 42:
Protection of Coastal Resources
Protection of Marine Resources
Public Safety and Access in Coastal Areas
Goal # 10: NATURAL SYSTEMS AND
Cluster # 43:
Cluster # 44:
Cluster # 45:
Protection of Natural Systems
Protection of Endangered Species
Land Management and Use
Goal # 11: AIR QUALITY
Cluster # 47: Improving Air Quality
Goal # 12: ENERGY
Cluster # 49: Efficient Use of Energy
Goal # 13:
Goal # 14:
Goal # 15:
Goal # 18:
Goal # 19:
Goal # 20:
Goal # 21:
Goal # 22:
Goal # 23:
Goal # 26:
HAZARDOUS AND NONHAZARDOUS
MATERIALS AND WASTE
Cluster # 51: Wastewater and Solid Waste Treatment and Disposal
Cluster # 54: Environmental Protection
Cluster # 56: Protecting Property Rights
Cluster # 57: Balanced and Planned Development
Cluster # 58: Natural Resources Preservation
Cluster # 76: Promotion of Downtown Areas
Cluster # 59: Maximizing the Use of Existing Public Facilities
Cluster # 60: Planning for Public Facilities
CULTURAL AND HISTORICAL RESOURCES
Cluster # 61: Access to Cultural and Historic Resources
Cluster # 63: Integrated Transportation Systems
Cluster # 64: Transportation to Aid Growth Management
Cluster # 65: Intergovernmental Coordination
Cluster # 66: Efficiency in Government
Cluster # 67: Economic Stability
Cluster # 69: Agricultural Industry
Cluster # 74: Intergovernmental Coordination and Cooperation
Cluster # 75: Citizen Participation
Appendix I: References
Appendix II: Definitions
Goal 8 WATER RESOURCES
Goal: Florida shall assure the availability of an adequate
supply of water for all competing uses deemed reasonable and
beneficial and shall maintain the functions of natural
systems and the overall present level of surface and ground
water quality. Florida shall improve and restore the quality
of waters not presently meeting water quality standards.
Policy Cluster 4 37: Protection of the Water Supply
2. Identify and protect the functions of water
recharge areas to provide incentives for their
5. Ensure that new development is compatible
with existing local and regional water
11. Promote water conservation as an integral
part of water management programs as well as
the use and reuse of water of the lowest
acceptable quality for the purposes intended.
Policy Cluster # 38: Protection of Water Resources
9. Protect aquifers from depletion and
contamination through appropriate regulatory
programs and through incentives.
10. Protect surface and groundwater quality and
quantity in the state.
12. Eliminate the discharge of inadequately
treated wastewater and stormwater runoff into
the waters of the state.
Policy Cluster # 39: Protection of Natural Systems
8. Encourage the development of a strict
floodplain management program by state and
local governments designed to preserve
hydrologically significant wetlands and other
natural floodplain features.
CLUSTER 37: PROTECTION OF THE WATER SUPPLY
The major challenge in Florida's future is the assurance of
an adequate supply of water to meet both human and natural
resource needs. This challenge must be addressed with a strong
and consistent effort to integrate land and water management and
regulatory programs. The freshwater resources of Florida include
surface water resources like lakes, rivers and their tributaries,
and wetlands. Groundwater resources are stored underground in
permeable sand and rock formations called aquifers. These
resources are continually replenished, primarily by the state's
abundant rainfall, and continually reduced by natural surface and
groundwater discharges, evapotranspiration, and human use.
Although water is not created or destroyed by its movement through
this hydrologic cycle, its character, location and availability
for human use is altered. Between 1960 and 1980, water use
increased almost three times, compared to a twofold population
increase. Groundwater supplies almost 90% of water used for
domestic purposes, approximately 1.375 billion gallons daily, and
when combined with other uses such as agriculture and industrial
use, approximately 3.7 billion gallons are withdrawn daily.
To understand the crucial connection between land development
and water resources requires a basic understanding of the
hydrologic cycle. Virtually all of Florida is underlain by
aquifers (groundwater reservoirs) containing potable water. The
Floridan Aquifer is a massive subsurface limestone "sponge" that
covers an area of 82,000 square miles and supplies about 44% of
the total groundwater used for public supply. The Floridan is
replenished by the state's average annual rainfall of almost 53
inches only in certain areas of high recharge, primarily in the
sandy, well-drained areas of central Florida, representing about
15% of the state. However, only about two inches of this amount
replenishes the aquifer. The remaining 51 inches feeds rivers,
streams, lakes, wetlands and estuaries.
In the heavily urbanized southeastern section of Florida,
the Biscayne Aquifer, the largest surficial aquifer in the state,
supplies another 44% of the total. The Biscayne and other
surficial aquifers are extremely permeable and are recharged
directly by rainfall. Their surficial nature makes them very
susceptible to impacts from land development activities. Because
water moves through all aquifer systems, they are easily con-
taminat3d by pollutants carried from the land surface in recharge
waters. Ensuring adequate recharge area and wellfield
protection is of prime importance to the maintenance of Florida's
potable water supplies as the state continues to develop.
Different pl-anning and management approaches are required to
protect these different aquifer types.
Another major concern in Florida's water supply picture is
the location of development. Over 79% of the state's 11.5
million people live in coastal areas. This trend is expected to
continue. These areas are served primarily by shallow aquifers
that are adversely affected by urbanization. The projected
population growth of the state has been estimated to generate a
water requirement of an additional 111,108 gallons per day.
Since local governments are the primary arbiters with regard
to the rate and magnitude of growth (and subsequent demand on
water supplies), it is crucial that their decisions be based on
the best available information regarding the availability of
water and the actions that must be taken to ensure a continued
adequate supply. Furthermore, the type and location of develop-
ment can have very significant consequences on the quality
of water resources and on the integrity of water-dependent
natural systems. These issues will be considered in the
development and implementation of the Local Government
Comprehensive Planning and Land Development Regulation Act
(Chapter 163, Part II, F.S.). All agencies concerned with and
knowledgeable of these water resources will need to assist local
governments in their plan development and subsequent implemen-
tation of land development regulations.
Given the water supply problem facing many existing and
often rapidly growing urban areas, it will be very important to
reduce the demand for water as much as possible. Employing new
technologies and practices thatireduce the amount of water used
or consumed can help defer the need'to develop new supplies.
Water-conserving plumbing requirements and more efficient
irrigation practices are two examples of techniques that can save
significant amounts of water. A great deal of water is
discharged to surface watercourses and marine waters as effluent
from wastewater treatment systems and stormwater and agricultural
runoff. Much of this water could be reused for nonpotable water
needs such as irrigating golf courses. Graywater systems for
handling wastestreams and recycling industrial water can reduce
potable water requirements. Reusing water in this manner can
reduce the stress placed on natural systems that receive such
discharges, provided that the minimum flows necessary to protect
their ecological integrity are maintained.
Local governments can greatly influence the conservation and
reuse of water through building codes, development reviews, and
the operating policies of their water and groundwater utility
systems. Incentives such as lower hook-up fees and service
charges can encourage greater conservation and reuse of water.
Local governments are also required under the Water Conservation
Act of 1982 (Section 553.14, F.S.) to require water conserving
plumbing fixtures, such as shower heads, faucets and water closets
in new and significantly renovated building construction.
Additionally, the Florida Energy Conservation Standards of 1987,
created Part VIII, Chapter 553, F.S., which requires that all
shower heads sold in Florida meet conservation standards.
However, local governments cannot do the job alone. Since
water is a resource of regional and statewide significance, state
and regional agencies need to coordinate their activities,
provide incentives to protect water resources, and better assist
local governments with land development regulation.
A. By 1992, all ground and surface water supplies will be managed
to promote conservation, preserve natural resources, and ensure
that available quantities of water are used for reasonable
beneficial use. [State Comprehensive Plan policies 2 and 5]
Per capital potable water use.
Percent of the (identified) water supplies covered by
B. By 1995, 100 percent of the high or regionally significant
recharge areas and well fields in the state shall be provided
special protection by local governments. [State Comprehensive
Plan policy 5]
Percent of recharge areas and well fields protected.
C. By 1995, water conservation efforts will have resulted in
increased efficiency requiring 15% less water used in and
necessary for irrigation, mining, power development and domestic,
municipal, and industrial uses. [State Comprehensive Plan policy
Percent reduction in the amount of water used in each
specific use area per unit of production criteria.
D. By 1995, Florida will reuse 9% of its wastewater. [State
Comprehensive Plan policy 11]
Percent of wastewater reused.
1. Identify and model the functions of all areas of high or
regionally significant recharge to groundwater aquifers, including
sources and flows of water recharge, recharge and filtration
rates, and existing and potential land uses and sources of
pollution. [WMDs, DNR, DER] (Objectives A, B)
2. Through land development planning and regulation, ensure that
development activities do not impair the function of high or
regionally significant recharge areas, and limit roads and other
impervious surfaces and watershed alterations that reduce the
availability and flow of good quality water to recharge areas.
[WMDs, DCA, DOT, RPCs] (Objectives A, B)
3. Ensure that new development maintains natural groundwater
levels, including seasonal fluctuations, consistent with sound
ecological and public safety considerations. [WMDs, DER]
4. Incorporate watershed management programs that seek to
protect the natural flow and quality of surface water systems
into land use planning and regulation programs. [DCA, WMDs, RPCs]
5. Ensure that local and regional comprehensive plans use
groundwater basin resource inventories prepared by state and
regional water management agencies that identify the
limitations of the available groundwater supply. [RPCs, WMDs,
DCA, DER] (Objective A)
6. Allow development to occur only when adequate water supplies
will be concurrently available to serve such development without
adversely affecting local or regional water sources. [DCA, WM1Ds,
RPCs] (Objective A)
7. Ensure that all state buildings, utilities, and operations
employ water-saving devices and water reuse and reclamation
opportunities to the greatest extent possible. [DGS] (Objective
.8. Encourage incentives such as reduc d connection fees and
service charges through water and wast water utilities for
customers who use proven water or wastewater saving devices such
as graywater systems. [DCA, RPCs, WMD:.] (Objective C)
9. Ensure that building codes require the installation of water
saving devices in new construction and renovation. Develop
incentives and increase public education on the use of water
saving technologies. [DCA] (Objective C)
10. Ensure that local government comprehensive plans and land
development regulations include policies and guidelines for
managing development to protect the quality and quantity of
ground and surface water. [DER, DCA, RPCs, WMDs] (Objectives A,
11. Require water conservation measures, including water
reclamation and reuse, through all development planning, review
and regulatory programs. Ensure that the lowest quality water
reasonably available and suitable for a given purpose is used in
order to reduce the unnecessary use of potable water. [DCA, DER,
RPCs, WMDs] (Objective C)
12. Establish a research and extension program for development
and dissemination of energy efficient and water-conserving
irrigation technologies. [DACS, WMDs] (Objective C)
13. Establish minimum groundwater levels for the state's major
aquifers to identify when withdrawals should be curtailed to
avoid impairing their functional integrity. [WMDs] (Objective A)
CLUSTER 38: PROTECTION OF WATER RESOURCES
As noted in the previous cluster, Florida is heavily
dependent on groundwater for potable water. However, groundwater
resources in Florida are very susceptible to contamination. In
surficial aquifers such as the Biscayne, which supplies nearly
half of the potable water used in the state, pollutants move
directly from the land surface into the groundwater. In the
deeper, more confined layers of the Floridan aquifer, pollutants
can move with the water through the more porous layers to
contaminate potable water supplies. Little is known about where
and at what rate a plume of pollution will move through the
complex system of groundwater aquifers. An alarming number of
incidents of localized groundwater contamination have been
documented, however, in recent years. Pollutants have originated
from a variety of sources such as known and unknown hazardous
waste dump sites, leaking underground storage tanks, and
landfills. Incidents related to nonpoint sources such as
pesticide treatment of agricultural lands and urban stormwater
runoff also have been identified. Cleanup of aquifer
contamination incidents is extremely difficult, if not
impossible, and very costly.
In addition to threats from contamination, groundwater
resources face threats from depletion caused by rapid development
and overpumping. In many areas of the state where aquifer
recharges are unable to keep up with withdrawals, groundwater
levels have fallen drastically, as discussed in the State Water
Use Plan. This reduction in levels can have significant impacts
on surface water systems such as lakes and wetlands, causing
these areas to dry up and lose much of their ecological value.
Drainage and overpumping also reduce the amount of water
available by causing saltwater intrusion in coastal areas. Water
can be pumped from other sources further inland, but this can be
costly as well as politically unpopular as the water-rich areas
feel such withdrawals may limit their future growth. Urbani-
zation can also reduce and affect local aquifer recharge as
a result of paving of land surfaces and the construction of curbs
and storm sewers. Where runoff from urban areas is diverted to
recharge areas, groundwater contamination is a concern that must
The quality of surface waters, such as Florida's over 10,000
miles of rivers and streams, 8,000 lakes, and numerous estuaries,
has also been adversely threatened by activities Iccompanying
intense agricultural development and urbanization Domestic
wastewater effluent from sewage treatment facilities and septic
tanks introduces nutrients and biological or viral contamination.
Stormwater and agricultural runoff carry sediment, heavy metals,
pesticides, and other pollutants to these waters. The loss of the
natural filtering processes that accompanies the destruction of
wetlands and vegetation fringing surface water bodies also
exacerbates the deterioration of surface water quality.
While the statutory responsibility for the regulation of
water quality and water quantity has been given primarily to the
state Department of Environmental Regulation and the five water
management districts, the relationship of land development
practices to water resource issues is crucial and direct. Since
local governments are the primary regulators of land use, the
problem is how to integrate the authority and programs of state
and regional water resource agencies with local land use
decisions. This problem has been recognized in almost every
analysis of Florida's environmental legislation and-will be
addressed with the Local Government Comprehensive Planning and
Land Development Regulation Act.
The 1987 state Legislature addressed this very problem
within the Surface Water Improvement and Management (SWIM) Act.
The Act provides funding, through the Department of Environmental
Regulation to the five water management districts, for the
planning, design and implementation of surface water management
plans directed at significant state and regional water bodies.
The legislation involves an evaluation of all water bodies within
each district in order to prioritize both management needs and
possible restoration requirements.
Integrating the authority, operating policies, and technical
expertise of state and regional agencies which regulate water
resources with the direct responsibility of local governments to
regulate and control land use practices in their jurisdictions is
one of the most crucial objectives of the statewide planning
framework. Refer to Cluster 51: Wastewater and Solid Waste
Treatment and Disposal, for additional water resource protection
A. By 1995, the quality of Florida's surface and ground waters
will be as good or better than it was in 1985. [State
Comprehensive Plan policies 9, 10, and 12]
Percent of surface'water bodies classified at equal to
or higher designations.
Percent of reported groundwater contamination incidents.
B. By 1990, each new development in Florida will treat its
stormwater runoff so that at least 80% of the pollutants are
removed. [State Comprehensive Plan policies 10 and 12]
Amount of stormwater pollution from new development.
C. By 1995, Florida will provide special protection for the
wellfields for all major public water supply systems. [State
Comprehensive Plan policies 9 and 10)
Percent of major systems with wellfield protection
D. By 1995, Florida will reduce per capital potable water use
by 15%. [State Comprehensive Plan policy 9]
Per capital potable water use.
1. Coordinate state and regional water quality protection
programs to ensure that the prevention, abatement, and control bf
surface and ground water pollution is addressed in land use
planning and regulation. [DCA, DER, DACS, WMDs, RPCs]
(Objectives A, B, C)
2. Ensure stormwater runoff from new land development, urban
renewal and modernization projects, or other major modifications,
does not adversely impact the quality of ground and surface
waters. [DER, WMDs, DCA] (Objectives A, B)
3. Prohibit or severely limit activities which discharge
pollutants that could negatively impact public wellfields, high
recharge areas, and areas designated as future water supply
sources. [DER, WMDs, DCA] (Objectives A, C)
4. Ensure that development does not contaminate or deplete
aquifers through degradation of water resources, restriction of
water recharge, encouragement of salt water intrusion or damage
to the physical, chemical, or biological integrity of the ac-ifer
system. [DER, DACS, WMDs, RPCs] (Objectives A, C, D)
5. Prohibit new development that would depend upon wastewater
facilities that discharge inadequately treated wastewater into the
waters of the state. [DER, WMDs, DCA, RPCs] (Objectives A, B)
6. Require the best available wastewater treatment technology
be employed for new development that would discharge into Class I
or II waters, Outstanding Florida Waters, aquatic preserves, or
environmentally sensitive aquatic or marine habitats. [DER, WMDs,
DCA, RPCs] (Objectives A, B)
7. Encourage the use of "best management practices" for
agricultural uses and mining operations in order to protect water
resources. [DACS, DNR, DER, WMDs] (Objectives A, B)
8. Restrict the approval of new development that would withdraw
water onsite or receive water from an existing source in areas
that is experiencing salt water intrusion into its potable water
supply source. [WMDs, DCA, RPCs] (Objectives A, B)
9. Ensure that development does not rely on groundwater
withdrawals that allow or increase salt water intrusion, interfere
with other existing legal uses of water, or cause damage to
important ecosystems, agriculture, or area geology. [DCA, RPCs,
DNR, DER, WMDs] (Objectives A, B)
10. Target areas of existing development for stormwater pollution
abatement programs, especially considering priority areas such as
Outstanding Florida Waters and ranked water bodies of the SWIM
Program. [DER, WMDs] (Objectives A, B)
CLUSTER 39: PROTECTION OF NATURAL SYSTEMS
Before 1972, land development in Florida was based on major
restructuring of the land by engineering elaborate systems of
channels, dams, levees, and other structures to drain land and to
hold back flood waters. As a result of these efforts to
"reclaim" dry land for agricultural and urban purposes, Florida's
20 million acres of wetlands have been reduced to fewer than 8
million since 1850 More than half of that loss has occurred in
the last 25 years. Yet after the expenditure of billions of
dollars, the land development made possible by drainage of
wetlands, structural alterations in floodplains, and diking of
floodprone areas has not been effectively protected from flood
damage. In addition, the natural functions provided by such
areas have been greatly diminished, if not destroyed. These
natural services include temporary storage of overflow and
surface runoff to moderate the impacts of floods; water quality
improvements resulting from settlement of sediments and removal
of pollutants by biological processes; habitat values for species
that depend on periodic inundation; and biological productivity
within the system and in the complex chains of related estuarine
systems through detritus and nutrient transport.
The past predominately structural approach to water
management has changed to the recent state policy of encouraging a
nonstructural approach that seeks to avoid flood damages and
losses and degradation of the natural values of river and wetland
systems. This approach involves the acquisition of important
floodplains to ensure that they are available for water storage,
floodwater conveyance, and other natural system functions
discussed above, and the design of construction in floodplains and
floodprone areas to minimize adverse effects on natural flows.
This effort should result in minimizing flood-related losses that
taxpayers are often asked to subsidize and reducing the need to
reconstruct structures that involve significant economic and
environmental costs. The magnitude of the number of structures in
floodprone areas is indicated by the fact that in 1984 Florida
held 30% of the number of National Flood Insurance policies issued
nationwide and almost 80% of those in the southeastern United
The new SWIM legislation discussed in the preceding cluster
is a major new state effort to correct or improve many of these
problems from the past and to better manage these systems. This
new management approach combined with the ongoing Save Our Rivers
acquisition program should enable us to significantly improve all
aspects of water management, including floodplain management.
Proper management of wetlands, floodplains, and other
floodprone areas, primarily through local government regulation,
will return benefits to the state in the form of reduced personal
injury and economic losses, water quality and quantity
enhancements, and maintenance of viable fish and wildlife
habitats to support recreation and commercial fishing activities.
These issues will be considered in the development and
implementation of the Local Government Comprehensive Planning and
Land Development Regulation Act (Chapter 163, Part II, F.S.).
This major effort will require assistance from all related state
and regional agencies to help local governments in both the
development of the local comprehensive plans and later
implementation of land development regulations.
Proper management often means utilizing floodplain and
stormwater runoff ordinances that require advanced water
detention and retention methods to emulate the natural system by
reducing abrupt runoff and retaining water onsite to allow
absorption through the soil. Retaining the soil's biological
filtering characteristics will improve the potential for Florida
to absorb its rapid population growth without sacrificing its
quality of life. To date, there is a wide variation in knowledge
and use of these management approaches. There is a need to
provide the most up-to-date information, technical assistance and
model ordinances to local governments and other managing
A. By 1992, all local governments will identify in their
comprehensive plans how they will protect wetlands and other,
natural floodplain features and resources. [State Comprehensive
Plan policy 8]
Percent of local governments with these resources that
protect them through their comprehensive plans.
B. By 1995, there will be no net loss in the amount of
functioning wetlands in Florida as compared to the amount of
functioning wetlands in 1985. [State Comprehensive Plan policy 8]
Net acreage of functioning wetlands lost.
1. Avoid the creation of structures that are likely to be
damaged by flooding by keeping buildings out of the most
frequently flooded areas and by requiring buildings in less
frequently flooded areas to be elevated or designed so damage
will be minimal. [DNR, DCA, RPCs, WMDs, DER] (Objectives A, B)
2. Avoid interference with the beneficial functions of
wetlands, floodplains, and floodprone lands including: storage;
floodwater conveyance; groundwater recharge; maintenance of
minimum water flows, levels, and quality; and habitat for fish and
wildlife. [DER, DNR, DCA, DOT, WMDs] (Objectives A, B)
3. Avoid alterations of the natural rate, timing, quantity, and
pattern of surface water flows through careful management of
development activities. [DER, WMDs, DCA, RPCs, DOT] (Objectives A,
4. Avoid development that endangers the biological and
ecological integrity of rivers, lakes and associated floodplains
through the utilization of nonstructural flood control programs
that maintain the essential character of wetlands vegetation and
ecosystem functioning. [DER, WMDs] (Objectives A, B)
5. Provide incentives for property owners to maintain and
protect wetland and floodplain areas. [DER, DCA, WMDs, RPCs]
(Objectives A, B)
6. Avoid development that requires the use of structural
modifications to natural riverine systems and, where such systems
have been degraded, restore natural functions to the maximum
extent possible. [DER, WMDs] (Objectives A, B)
7. Avoid development that requires new structural work in river
systems that may subsequently endanger the water quality and the
natural hydrologic functioning of rivers. [DER, DNR, WMDs]
(Objectives A, B)
8. Ensure that local governments adopt and implement stringent
floodplain management ordinances. [DCA, DER, RPCs, WMDs]
(Objectives A, B)
9. Land use planning and infrastructure development should be
coordinated with watershed management plans. (WMDs, DOT, DCA,
RPCs] (Objectives A, B)
10. Design and construct roadways in a manner that will avoid
interference with the natural flow of waters in and to 100-year
floodplain areas to the maximum extent possible. [DOT]
(Objectives A, B)
11. Avoid development that interferes with minimum water
flows and levels necessary to provide full protection of natural
ecosystems. [DER, WMDs] (Objectives A, B)
12. Incorporate the natural assimilative capability of wetland
areas into development planning and construction to the extent
such functions will not be impaired. [DER, DCA, WMDs, RPCs, DOT]
(Objectives A, B)
13. Monitor and evaluate the compliance rate for projects
required to provide mitigation related to destruction of wetlands.
[DER, DCA, WMDs] (Objective B)
14. Require that land use decisions address the secondary and
human-activity related impacts of development on floodplain
management and ensure that such secondary impacts do not
adversely impact riverine or wetland systems. [DCA, RPCs,-WMDs]
(Objectives A, B)
Goal 10 NATURAL SYSTEMS AND RECREATIONAL LANDS
Goal: Florida shall protect and acquire unique natural
habitats and ecological systems such as wetlands, tropical
hardwood hammocks, palm hammocks, and virgin longleaf pine
forests, and restore degraded natural systems to a functional
Policy Cluster # 43: Protection of Natural Systems
1. Conserve forests, wetlands, fish, marine
life, and wildlife to maintain their
environmental, economic, aesthetic, and
7. Protect and restore the ecological functions
of wetlands systems to ensure their long-term
environmental, economic and recreational
8. Promote restoration of the Everglades
system and of the hydrological and
ecological functions of degraded or
substantially disrupted surface waters.
9. Develop and implement a comprehensive
planning, management and acquisition program
to ensure the integrity of Florida's river
Policy Cluster # 44: Protection of Endangered Species
3. Prohibit the destruction of endangered
species and protect their habitats.
4. Establish an integrated regulatory program to
assure the survival of endangered and
threatened species within the state.
Policy Cluster # 45: Land Management and Use
2. Acquire, retain, manage and inventory public
lands to provide recreation, conservation and
related public benefits.
5. Promote the use of agricultural practices
which are compatible with the protection of
wildlife and natural systems.
6. Encourage multiple use of forest resources,
where appropriate, to provide for timber
production, recreation, wildlife habitat,
watershed protection, erosion control, and
maintenance of water quality.
10. Emphasize the acquisition and maintenance of
ecologically intact systems in all land and
water planning, management and regulation.
CLUSTER 43: PROTECTION OF NATURAL SYSTEMS
Florida's broad climatic range produces a rich variety of
natural systems that provide a wealth of environmental, economic,
and aesthetic resources. Florida's climate and attractive
natural environment is a major factor in attracting the 37
million visitors who help make tourism one of the most important
sectors of the Florida economy. These natural systems provide
the basis for an outstanding park system incorporating 126 areas
comprising 331,921 acres. Another 306,000 acres are in state-
owned forests, which were visited by nearly 1 million day users
from July 1981 June 1983. The wildlife management system
directed by the Game and Fresh Water Fish Commission provided a
total of more than 3 million hunter days during that same time
period. Freshwater fishing provides jobs worth $300 million in
annual wages. Florida's forest resources also make a major
contribution to Florida's economy, with the 1983 demand of 551
million cubic feet per year expected to grow to over 1 billion
cubic feet per year by the year 2000. Forests also provide other
benefits such as recreational opportunities, wildlife habitat
maintenance of clean air and water, and watershed protection.
Florida's other natural systems also provide important non-
economic benefits. As noted in Cluster 39 and in the State Water
Use Plan, Florida's wetland systems are major habitat areas for a
large number of plant and animal species. Coastal estuaries and
associated wetlands provide spawning grounds, nurseries, and food
sources for two-thirds of the fish and shellfish along the
Atlantic coast and Gulf of Mexico. Wetlands also play an
important role in improving water quality.and in moderating the
impact of floods..
Unfortunately, the value of Florida's natural systems has not
been fully recognized. Many systems have been severely damaged or
destroyed. During the past 10 years alone, Florida's population
increased by 38% while the number of acres suitable for wildlife
habitat and compatible recreational activities decreased by
2 million acres. Sixty percent or 12 million acres of the
state's wetlands have been lost to development or agricultural
activities. While demand for forest products is projected to be
well over one billion cubic feet per year by the year 2000, the
acreage of forested lands has decreased 5.5 million acres since
1950. Florida also is third in the country in terms of the
number of species of wildlife that are currently jeopardized.
The decline of these wildlife species is a strong indicator that
the natural systems which Florida depends upon for its quality of
life, economic vitality, and basic human needs, such as clean
air, water, and food, are under severe stress.
One wetlands system of particular concern is the Everglades
ecosystem, which encompasses 9,000 square miles and includes the
Kissimmee River, Lake Okeechobee, and the Everglades itself.6
The Everglades ecosystem is truly a unique biological system, but
it has been seriously degraded as a result of urbanization,
agricultural conversion, and the draining, diking, and
channelizing that has been required to make such uses possible.
Water quality in the Everglades has also been degraded
by urban and agricultural runoff. It has been estimated that
some 90% of the pollution load off the Everglades agricultural
Area is ultimately channeled in to the Everglades. The impact on
the Everglades National Park has been extensive, including a 90%
reduction in wading bird populations.
Similar adverse impacts have affected Florida's 10,000 miles
of streams and rivers, as outlined in the State Water Use Plan and
in Cluster 39 of this document. The Kissimmee River, for
example, was once 90 miles of river meandering through a one or
two mile wide marsh floodplain. It has been converted to a series
of pools connected by a channel 50 miles long. The biological
impacts include a 78% reduction in floodplain wetlands, a 93%
reduction in water fowl use, a 74% reduction of bald eagle nesting
in the watershed, and reduced wading bird populations. The
draining of the wetland area along the Kissimmee has resulted in
development encroaching on what was formerly floodplain,
increasing the difficulty of restoring the natural functions of
Land development practices can also have a great impact on
the integrity of river systems, particularly in terms of
activities that alter the watershed of the rivers. As discussed
in Cluster 39, Florida has embarked on a program of nonstructural
water management that would seek to allow natural fluctuations in
hydroperiod in wetlands associated with river systems and to keep
structures out of floodplain areas. That Cluster also calls for
protection of watersheds as well as urges that structural
modifications to natural riverine systems be avoided.
The Save Our Everglades program, instituted in 1983, is
geared toward restoring as much as possible of the natural
functioning of this ecosystem that is so vital to the water needs
of South Florida. In addition, the Save Our Rivers program has
made available funding to acquire needed floodplain areas, with
the water management districts as the primary agencies charged
with planning for and ensuring the protection of Florida's major
A. By 1992, protect and manage all of Florida's natural systems,
and especially wetland areas, through an integrated"and coordinated
planning and management system among all levels of government.
[State Comprehensive Plan policies 1, 7 and 9]
Number of intergovernmental coordination agreements and
other coordination mechanisms implemented.
B. By 1992, all of Florida's rivers and drainage basins will be
managed under common intergovernmental strategies that are
coordinated with state and regional agencies, and consistent with
local government comprehensive plans and land development
regulations. [State Comprehensive Plan policies 1, 7 and 9)
Percent of Florida's rivers managed through coordinated
C. By 1995, 20 percent of the damaged habitat and natural
functions of the Everglades system will be restored. [State
Comprehensive Plan policies 7, 8 and 9]
Reduction in water pollution from agricultural practices.
Acres of land restored.
1. Inventory forest lands, uplands, wetlands, and critical fish,
marine, and wildlife habitats, determine which areas need to be
conserved, and identify the appropriate conservation strategy to
be used for each location. [GFC, DNR, DER, DCA, WDDs, RPCs,
DACS] (Objectives A, B, C)
2. Identify the various types of wetlands, characterize the
degree to which they function,' establish a priority for those
areas requiring restoration or preservation, and implement a
comprehensive restoration and preservation plan. [DER, WMDs,
DNR, GFC] (Objectives A, B, C)
3. Inventory the state's river systems and develop appropriate
management, preservation, and acquisition strategies. (WMDs, DER,
DNR, DCA) (Objectives B, C)
4.. Land development review procedures should provide for the
protection and restoration of ecological functions of wetland
systems to ensure their long-term environmental, economic, and/or
recreational value. [DCA, DER, WMDs, RPCs] (Objectives A, B, C)
5. Ensure that local government comprehensive plans provide for
the conservation and appropriate use of forests, wetlands,
fisheries, minerals, soils, native vegetative communities,
floodplains, wildlife, wildlife habitat and marine habitat.
[DCA, DER, DNR, DACS, GFC, WMDs, RPCs] (Objectives A, B)
6. Utilize special planning and management programs, including
SWIM programs, resource planning and management committees and
Areas of Critical State Concern processes to develop and implement
integrated management, preservation, and acquisition strategies
for identified riverine, estuarine, and wetland systems. [DCA,
DER, DNR, GFC, RPCs, WMDs] (Objectives A, B, C)
7. Land development review procedures and approvals should
provide for the protection of high quality upland plant
communities and viable habitats, including suitable buffers and
management programs adequate to ensure the continued survival of
such systems. [GFC, DCA, RPCs, DER, WMDs, DNR] (Objectives A, B,
8. Discourage land development activities adjacent to lands
held for conservation and preservation that would adversely
impact the functions of those lands. [DER, DNR, DCA, GFC, WMDs,
RPCs] (Objectives A, B, C)
9. Monitor the compliance of required mitigation projects to
determine their value in providing benefits to the functioning of
natural ecological systems. [DER, DNR, DCA, GFC, WMDs]
(Objectives A, B)
10. Avoid further degradation of the Kissimmee River-Lake
Okeechobee-Everglades ecosystem. [DER, DNR, GFC, DACS, WMDs]
11. Reestablish, to the extent feasible, the ecological
functions of the Kissimmee River-Lake Okeechobee-Everglades
ecosystem in areas where these functions have been substantially
damaged. [DER, DNR, GFC, DACS, WMDs] (Objective C)
12. Prohibit development that would severely impact the
aesthetic or recreational value, use, and enjoyment of important
natural systems historically used for such purposes by the
general public. [DER, WMD, DNR, DCA, RPCs) (Objectives A, B, C)
CLUSTER 44: PROTECTION OF ENDANGERED SPECIES
There are many factors that cause a species to be either
threatened or endangered, but the primary factors are associated
with human encroachment or elimination of species' habitat. In
the last two years alone, six additional animal species have been
designated as endangered. The total number of animal species in
the endangered and threatened status are 39 and 27, respectively.
In addition, 44 animal species have been listed as Species of
Special Concern, due largely to habitat losses.1 There are also
139 endangered and 283 threatened plant species in Florida listed
by the Florida Department of Agriculture and Consumer Services.
The Game and Fresh Water Fish Commission's comprehensive program
for the regulation of endangered species is primarily funded
through Section 6 of the Federal Endangered Species Act of 1973,
which provides federal-state funding at a ratio of three to one.
The program consists of research, coordination, and information
and education programs. A reduction in federal funding
since 1981 has meant a significant cutback in the scope of
Florida's endangered species program. The Florida portion of
federal funding sources is divided between the Game Commission for
its programs and the Department of Natural Resources for manatee
and sea turtle protection activities. These funding sources and
levels as a whole have been inconsistent and unreliable.
The primary threat to the wildlife and plants species that
have been listed as discussed above comes from the activities of
man and the encroachment of land development. These activities
include land drainage and clearing, dredge and fill activities,
and simply reducing the available acreage a species' requires to
below a minimum threshold. There are other deleterious effects
from domestic, industrial and agricultural runoff that also
contribute to the problem. During the past 10 years, the number
of acres in the state suitable for wildlife habitat and wildlife-
oriented recreation has decreased by two million. The rate of
habitat loss in the state has reached the point where assuring
the preservation of the last remaining vestiges of representative
habitat types should become a priority.
A major problem in planning and management for endangered
and threatened species is the lack of sufficient population and
habitat data needed to make sound decisions. As more and more
land is converted to urban development, necessary habitat
information is critical to the management and protection of
effected species. A significant addition to this information
base will be the Statewide Wildlife Habitat System that is being
developed by the Game and Fresh Water Fish Commission. This
system involves LANDSAT-based mapping of habitat types for each
planning region in the state. This mapping will be useful for
land use planning and resource management at the regional and
county level. The system will also be useful for estimating the
amount of each habitat type that is presently in public ownership
and to project where additional acquisition projects should be
Species that are endangered in Florida include the Florida
manatee, the Florida panther, and the American crocodile. An
example of the conflict between development and the protection of
endangered species is demonstrated with the crocodile on North
Key Largo, where massive condominium development has been
proposed in an area adjacent to the crocodile sanctuary. The
impacts of such development may adversely affect the condition of
crocodiles and their habitat, and other endangered species
nearby. The Department of Community Affairs and other state and
federal agencies are working with the local governments to
implement through a creative regulatory approach a habitat
conservation plan for the crocodile and the other endangered
species in the North Key Largo area. Other similar management
efforts need to be initiated in other areas of the state where
endangered or threatened species and their habitat are
experiencing the effects of development activity.
A. By 1990, there will be no net loss of endangered species
habitat as a result of land development decisions. [State
Comprehensive Plan policies 3 and 4]
The estimated number of acres of endangered species
The number of additional species designated as endangered.
1. Identify critical habitats of endangered species following a
procedure similar to that used by the federal government. [GFC,
DER, DNR, DACS] (Objective A)
2. Consult with the Game and Fresh Water Fish Commission where
state and federal management, development or permitting activities
will affect endangered or threatened species and species of
special concern. [GFC, appropriate agencies] (Objective A)
3. Ensure that local government comprehensive plans identify
endangered species habitat and restrict activities known to
affect the survival of endangered wildlife and plants. [DCA,
RPCs, GFC, DNR] (Objective A)
4. Assure consistency with existing endangered species recovery
plans and continue to develop additional endangered species
recovery plans. [GFC, DNR, DACS] (Objective A)
5. Develop positive financial incentives to encourage land
owners and developers to protect or preserve endangered and
threatened species and species of special concern. [DCA, GFC,
RPCs, DNR] (Objective A)
6. Consider specific land acquisition and wildlife management
area programs necessary for the protection of endangered species
and their habitat. [DNR, GFC, DER] (Objective A)
7. Develop land banking methods throughout the state for the
mitigation of impacts on listed species, excluding endangered
species, and their habitat from land development activities when
onsite mitigation is not possible. [DCA, RPCs, GFC, DNR]
8. Assist local governments and landowners in addressing
endangered and threatened species issues, especially the
protection of their habitat. [GFC, DNR, DCA, RPCs, DER) (Objective
9. Prohibit development that would have a direct, or through
associated human-related activities an indirect, adverse impact on
significant populations or habitats of endangered or threatened
species. [GFC, DNR, DCA, DOT, RPCs] (Objective A)
10. Ensure that all land use decisions involving lands
containing or impacting significant listed species populations or
habitats include an adequate combination of mitigative measures
including preservation, management, public education, and the
provision of adequate protective buffers. [GFC, DNR, DCA, DOT,
RPCs] (Objective A)
11. Restrict the use or introduction of exotic species,
especially on or adjacent to lands containing unique native
habitats. [DACS, GFC, DNR] (Objective A)
12. Develop management methods and planning applications for the
Statewide Wildlife Habitat System to protect threatened and
endangered species. [GFC, DCA, RPCs] (Objective A)
CLUSTER 45: LAND MANAGEMENT AND USE
Florida's land resources committed to natural areas include
agricultural, wetland and forest areas. The State of Florida
owns approximately 1.63 million acres of upland property and
approximately 10 million acres of sovereign submerged lands.1
While Florida still has significant natural areas, much of
the land committed to these uses has been rapidly lost to
urbanization that accompanies population growth. For example,
the acreage of forest lands in Florida has decreased by 5.5
million acres or 26% of total acreage since 1950. Since
1850, Florida has lost 60% or 12.3 million'acres of its wetlands.
Well over half this loss has occurred between 1953 and 1975.
During the past 10 years alone, the number of acres suitable for
wildlife habitat compatible with recreational activities has
decreased by two million.
The stress placed on our natural land areas by urbanization
requires that the land that is still available for agricultural
and natural resource uses be managed in a way that maximizes the
benefits and qualities of these areas. In many cases the goals of
agriculture or timber production, recreation, provision of
wildlife habitat, and furtherance of water quality and quantity
can complement each other in a multiple-use management context.
For example, practices conducted on agricultural lands can
enhance the wildlife habitat values of the area. One specific
example is the creation of wildlife corridors which allow
wildlife to migrate to and from intact natural systems such as
wildlife preserves and forests through certain agricultural and
In many cases, less intensive agricultural practices can
greatly increase the value of the area for wildlife habitat or
water quality protection, and agricultural practices can be
adopted that are consistent with the natural character of the
area. The use of water-conserving irrigation practices can also
ensure that necessary water supplies will be available to
maintain the water table in the surficial aquifer and to provide
water for other uses. Agricultural expansion that seeks to take
advantage of already converted areas rather than converting
intact native plant communities can help maximize the
availability of a wide range of natural values.
Multiple-use practices associated with forestry operations
provide a wide range of values from these areas which dominate
the upland areas of Florida, particularly north Florida. The
state currently has approximately 300,000 acres of state-owned
forests and another 50,000 acres of state lands being managed for
multiple-use forestry. The state will increase state ownership
through purchase of inholdings, i.e. private property located
within the boundary of state forests. In addition, recreational
use of Florida's state forests increased over 15 percent between
1970 and 1980. State-owned forests represent only 41 of the
total 7,170,023 acres of upland forest in the state. There is
obviously much more land that could be managed on a broader
multiple use basis.
In many situations, thoughtful management practices can
significantly enhance the natural system value of an area without
having an adverse effect on the economic value of the timber
resources. Often just the method of cutting or site preparation
can have a tremendous effect on the natural diversity of the area
and its attractiveness for wildlife habitat.
Florida has a substantial land acquisition program which
increasingly is'focusing on the need to buy ecologically intact
systems that include all of the necessary components to ensure a
healthy level of species diversity and ecological functioning.
The Natural Areas Inventory, a joint operation of the Department
of Natural Resources and the Nature Conservancy, seeks to
identify those most important biological systems that are the
best examples of Florida's important unique and natural systems.
The Save Our Rivers program is focused on resource
management. As of February 1986, over 1.6 million acres had been
acquired through this program. Acquisitions seek to focus on
sites needed to maintain the biological and hydrological
functioning of Florida's important river systems. The
Conservation and Recreational Lands program also approaches
projects based on resource boundaries established through
biological evaluation rather than on ownership descriptions.
This approach enhances the potential for maintaining the
integrity of state land investments by minimizing the prospect
that development on adjacent lands will severely diminish the
natural resource value of purchased property.
In the face of population growth and rapid urbanization
that results in permanent loss of important natural areas,
Florida must spend its land acquisition dollars wisely to protect
the integrity of natural systems and manage lands committed to
agricultural and forestry practices. Resource values of natural
areas should can be bolstered through employment of multiple-use
A.. By 1990, all public lands should be managed to the maximum
extent possible to provide for recreation, conservation'and other
multi-use management practices. (State Comprehensive Plan
policies 2 and 6)
Percent of public lands under active multi-use management
B. By 1992, best management practices which are compatible with
and protect wildlife and natural systems will be developed and
implemented for all types of agricultural uses. [State
Comprehensive Plan policies 5 and 6]
Percent of agricultural uses applying best management
C. By 1990, identify all significant ecologically intact-systems
within the state for the purposes of planning, management and
possible acquisition. [State Comprehensive Plan policies 2 and
Number of ecologically intact systems identified.
1. Give priority to acquisition of land and water areas which
will maintain or protect ecologically intact systems. [DNR, WMDs,
DACS, DOS, GFC, DCA, DER] (Objectives A, B, C)
2. Prepare and implement multiple-use management plans for all
state lands and aquatic preserves. [DNR, WMDs, DACS] (Objective A)
3. Increase and coordinate technical assistance programs which
provide information on best management practices to owners
of agriculture, silviculture and mining areas. [DACS, WMDs, DER,
DNR, GFC] (Objective B)
4. Establish a statewide wildlife habitat network to
interconnect as many public lands as possible. [DNR, GFC,
WMDs, RPCs] (Objectives A, B, C)
5. Ensure that local government comprehensive plans include
policies for the conservation and protection of natural functions
of soils, wildlife habitat and wetlands. [DCA, DER, DNR, GFC,
WMDs, DACS, RPCs] (Objectives B, C)
6. Provide for as many of the state's diverse habitat types as
possible for maintaining Florida's current complement-of
wildlife species. [GFC, DER, RPCs, DCA, DNR] (Objectives A, B, C)
7. Discourage the approval of more intense uses for ecologically
sensitive lands which are on existing state or federal
acquisition lists. [DNR, DER, DCA, RPCs, WMDs] (Objectives A, B,
8. Encourage compatible development activities adjacent to
public lands held for conservation and preservation. [DCA, DNR,
DOT, RPCs, WMDs] (Objectives A, C)
9. Ensure that land development planning and review procedures
provide for the protection of wildlife and natural systems.
[DCA, RPCs, DER, DNR, WMDs] (Objective C)
10. Adopt "best management practices" for state lands which are
currently used for agricultural and silvicultural production.
[DACS, WMDs, DNR, GFC] (Objectives A, B)
11. Require development activities to be compatible with the
continued protection, management, and public use of adjacent
public lands held for conservation and preservation. [DNR, DCA,
WMDs, RPCs) (Objectives A, C)
12. Ensure the identification and protection of significant
public scenic vistas and natural wildlife corridors in land
use decisions. [GFC, DNR, DCA, RPCs) (Objectives A, C)
Rela1 (t[uInhIpu [fM l.FUU FloridaIsIT1aInIp n Plnin PrcIss(t
Florida' I0 t e g rIaI IIlaningFamwr
STATECOMP R EHENSIV PnLA
Florid a' sc,,.Transportatio(rI g Plan P o
Florida Transportation Plan
Regional and Local Plans
Programs and Budgets
Facilities and Services
St ep 2 .
-n o ^-ed 3l24o ed ^ti 'd a
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4. The countrywide marina siting plan for participating
local governments in the coastal area;
45. Required maps showing future conditions; and
56. A copy of the local comprehensive plan adoption
ordinance at such time as the plan is adopted; and
7. Intergovernmental coordination processes.
(1) No change.
(d) No change.
(2) (6) No change.
(7) Monitoring and Evaluation Requirements. For the
purpose of evaluating and appraising the implementation of the
comprehensive plan, each comprehensive plan and each deepwater
port master plan shall contain a section identifying five-year
monitoring, updating and evaluation procedures to be followed in
the preparation of the required five-year seven-, ten- and/or
twelve-year evaluation and appraisal reports as described in Rule
9J-05.0053. That section shall address:
L~) A description of the public participation process used
by the local government in preparing the report;
(a) -Citien participation in the preeess
(b) No change.
(c) Accomplishments in the first five-year, seven-, ten-,
or twelve-year reporting period, describing the degree to which
the goals, objectives and policies have been successfully
(d) No change.
(e) New or modified and reformulated goals, objectives, or
policies needed to correct discovered problems; and
(f) No change.
(.1 The extent to which unanticipated and unforseen
problems and opportunities occurred between the date of adoption
and the date of the report;
(hl The effect on the comprehensive plan of changes to:
Chapter 187. F.S., the state comprehensive plan Chapter 163.
Pt.II. F.S.; the minimum criteria contained in Chapter 9J-5.
F.A.C.; and the appropriate strategic regional policy plan;
Li 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;
LiI The identification of any actions that are taken or
need to be taken to address the planning issues identified in the
I.k Proposed or anticipated plan amendments necessary to
address or implement the identified changes.
(8) Procedural Requirements. Comprehensive plans, plan
elements, and plan amendments shall be considered, adopted and
amended pursuant to the procedural requirements of Sections
163.3161 -- .3215, F.S., including but not limited to the
(a) through (h) No change.
Specific Authority 163.3177(9), (10) F.S.
Law Implemented 163.3167(2), (3), (4), 163.3171, 163.3174,
163.3177, 163.3178, 163.3181, 163.3184, 163.3187, 163.3191 F.S. (
History--New 3-6-86, Amended 10-20-86, 11-22-89,
__ 9J-5.0053 Procedure for the Transmittal and Review of Local
SGovernment Comprehensive Plan Evaluation and Appraisal Reports
and Evaluation and Appraisal Amendments.
(1) PURPOSE AND INTENT. It is the intent of the
Legislature that each unit of local government required to adopt
a comprehensive plan pursuant to Chanter 163. Part II. F.S.,
periodically update its comprehensive plan through the
preparation and adoption of an evaluation and appraisal report
(EAR) and adoption of an evaluation and appraisal report-based
plan amendments in accordance with Section 163.3191, F.S. This
Rule establishes the procedures and criteria for the preparation,
transmittal, adoption and sufficiency review of local government
comprehensive plan evaluation and appraisal reports and
evaluation and appraisal report-based plan amendments submitted
pursuant to the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163. Part II, F.S., and
Chapters 9J-5 and 9J-33, F.A.C. The purpose of the evaluation
and appraisal report is to assess and evaluate the success or
failure of the local government's comprehensive plan, including
the validity of the projections, the realization of the goals and
objectives, and the implementation of the plan's policies. The
report shall also address changes in local conditions, chances in
state and regional policies on planning and growth management and
through adoption of related amendments, to update the local
government's comprehensive Plan to address the issues raised in
(2) Transmittal Requirements for Proposed Evaluation and
(a) In accordance with the schedule established in Rule 9J-
33, F.A.C., the local planning agency shall prepare and transmit
a proposed evaluation and appraisal report to the local governing
body for review and adoption, and contemporaneously send a copy
to the Department. At a minimum, the format and content of the
proposed report will include a table of contents; numbered pages;
element headings; section headings within elements; a list of
included tables, maps and figures; titles and sources for all
included tables, maps and figures; where applicable, maps shall
include maior natural and man-made geographic features, city
county and state lines; maps shall contain a legend indicating a
north arrow, map scale and date; a preparation date; and the name
of the preparer.
Ib) The proposed evaluation and appraisal report will
assess and evaluate the success or failure of the local
government's adopted comprehensive plan. including the validity
of the proiectionn. the realization of the goals and objectives,
and implementatir.i of the plan's policies. The proposed
evaluation and appraisal report shall also address changes in
local conditions; the effect on the comprehensive plan of changes
to: the state comprehensive plan, Chapter 163. Part II, F.S..
Chapter 9J-5, F.A.C.. and the appropriate strategic regional
policy plan; suggest changes needed to update the comprehensive
plan, elements, or portions thereof; suggest reformulated or
additional goals, objectives, policies, maps. schedules, and
procedures; and otherwise address the requirements specified
Section 163.3191. F.S.,, and this Rule Chapter.
(c) The local planning agency shall prepare its proposed
report in conformity with the public participation procedures
that were adopted by the local planning agency in accordance with
the public participation requirements of Section 163.3181, F.S.
and Rule 9J-5.004. F.A.C.
(d) A local planning agency may, at the direction of the
local governing body. and in accordance with Section 163.3191(8),
F.S.. prepare and transmit an evaluation and appraisal report in
advance of the transmittal date established by Rule 9J-33.
F.A.C.. in accordance with the Early Submission requirements
(e) If a local planning agency transmits an early
evaluation and appraisal report, the local planning agency shall
transmit, in conformity with the schedule established by Rule 9J-
33, F.A.C., an addendum which, at a minimum, addresses changes in
local conditions, relevant changes in the state comprehensive
plan. the requirements of Section 163.3191, F.S.. the
requirements of Chapter 9J-5. F.A.C.. and applicable strategic
regional policy plan changes that occurred subsequent to the
adoption of the earlier evaluation and appraisal report.
(3) SUBMITTAL REQUIREMENTS FOR ADOPTED EVALUATION AND
(a) Within 90 days after receiving the proposed evaluation
and appraisal report from the local planning agency, the local
governing body shall adopt, or adopt with changes, the proposed
evaluation and appraisal report. Within 10 working days of
adoption of the report, the local governing body shall submit
three copies of the adopted report to the Department.
(b) The adopted evaluation and appraisal report will assess
and evaluate the success or failure of the local government's
adopted comprehensive plan. including the validity of the
projections, the realization of the goals and objectives.
implementation of the plan's policies. The adopted evaluation
and appraisal report shall also address changes in local
conditions; the effect on the comprehensive plan of changes to:
the state comprehensive plan, Chapter 163, Part II. F.S., Chapter
9J-5, F.A.C., and the appropriate strategic regional policy plan;
changes needed to update the comprehensive plan, elements, or
portions thereof; include reformulated or additional goals,
objectives. policies, maps, schedules, and procedures; and
otherwise address the requirements specified in Section 163.3191,
F.S., and this Rule Chapter. When evaluation and appraisal
report-based amendments to the comprehensive plan do not occur
simultaneously with the adoption of the evaluation and appraisal
report, the report shall include a schedule for adoption of
evaluation and appraisal report-based amendments within 1 year
after the report or addendum is adopted unless a six-month
extension is granted by the department.
(c) The local governing body shall adopt, or adopt with
changes, the evaluation and appraisal report in conformity with
the Public participation procedures in accordance with the public
participation requirements of Section 163.3181. F.S. and Rule 9j-
(d) A local governing body may adopt and submit an
evaluation and appraisal report transmitted by the local planning
agency in advance of the submittal date established by Rule 9J-
33. F.A.C.. in accordance with the Early Submission requirements
(e) If the local governing body adopts an evaluation and
appraisal report more than 90 days prior to the due date
established in Rule 9J-33. F.A.C.. for the adoption of the
report, the local governing body shall also adopt and submit an
addendum to the adopted report in conformity with this
(f) At a minimum, the addendum shall address relevant
changes in local conditions, the state comprehensive plan,
Chapter 163. Part II. F.S., the requirements of Chapter 9J-5.
F.A.C.. and the applicable strategic regional policy plan that
occurred subsequent to the adoption of the earlier evaluation and
appraisal report. The public participation, public notice, and
adoption requirements established for the submittal of the
adopted evaluation and appraisal report must be followed when
submitting the addendum to the adopted report.
(g) All evaluation and appraisal report materials, (
including graphic and textual materials, maps. support documents
including data and analysis, a submittal letter from the designee
of the local governing body stating the dates on which the local
government held the requisite public hearings, and a copy of the
adoption ordinance or resolution shall be submitted directly to:
Florida Department of Community Affairs
Bureau of Local Planning. Room 252
Plan Processing Team-EAR REVIEW
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Sm )(4L1 CRITERIA FOR DETERMINING SUFFICIENCY OF ADOPTED
EVALUATION AND APPRAISAL REPORTS.
(a) Within 30 days of receipt of an adopted evaluation and
appraisal report or addendum, the Department shall review the
adopted report to determine its sufficiency. A sufficiency
review shall not be a compliance review, but shall be a
1. the report or addendum was adopted and submitted timely;
2. the adopted report or addendum addresses all the
requisite provisions of Section 163.3191. F.S., including the
requirements of subsections 163.3191(2).(3). and (6), F.S., and
this Rule Chapter.
(b) A local government may request that the Department
provide substantive comments regarding the report or addendum
during the Department's sufficiency review to assist the local
government in the adoption of its evaluation and appraisal
report-based plan amendments. Comments provided during the
sufficiency review will not be binding on the local government or
the Department, and will not supplant or limit the Department's
consistency review of the adopted EAR-based amendments. A
request for comments must be made in writing by the local
government and must be submitted at the same time the adopted
report is submitted for sufficiency review.
(c) Upon completion of its sufficiency review, the
Department will notify in writing the local governing body of its
(d) If the Department determines that the adopted report or
addendum sufficiently addresses the requisite provisions of
Section 163.3191. F.S.. and this Rule Chapter, the local
government shall proceed with adoption of plan amendments
necessary to implement the recommendations in the report or
addendum, and may proceed with plan amendments in addition to the
evaluation and appraisal report-based plan amendments.
(e) If the local planning agency fails to transmit its
evaluation report or addendum to the Department by the
established transmittal date, or if the local governing body
fails to adopt the evaluation and appraisal report by the
established adoption date. the local governing body is prohibited
from amending its comprehensive plan until such time as the local
governing body adopts and submits an evaluation and appraisal
report or addendum that the Department determines sufficiently
addresses the requisite provisions of Section 163.3191. F.S.. and
this Rule Chapter. If the Department determines that the adopted
report or addendum is not sufficient because it fails to address
the requirements of Section 163.3191, F.S., and this Rule
Chapter, the local governing body is prohibited from amending its
comprehensive plan until such time as the local governing body
adopts and submits an evaluation and appraisal report or addendum
that the Department determines sufficiently addresses the
requisite provision of Section 163.3191, F.S., and this Rule
Chapter, except for plan amendments to implement recommendations
in the adopted evaluation and appraisal report or addendum.
(f) If local governments are prohibited from amending the
comprehensive plan pursuant to rule 9J-5.0053(4)(e) F.A.C., then
during the time period of the prohibition starting subsequent to
the submission date specified in Rule 9J-33, F.A.C.. amendments
will not be processed by the Department, and will be returned to
the local government except for plan amendments to implement
recommendations in the evaluation and appraisal report. In order
to sec re review thereafter, the local government may resubmit
the amendments in accordance with the requirements of Sections
163.3184, 163.3187, and 163.3189, F.S.. following a determination
that the local government's evaluation and appraisal report or
addendum is sufficient.
(5) ADOPTION OF EVALUATION AND APPRAISAL REPORT AMENDMENTS.
(a) Except when a local governing body submits its
amendment simultaneously with its evaluation and appraisal
report, within one year of adoption of an evaluation and
appraisal report, and within one year of adoption of an addendum (
to the earlier report, the local government shall amend its
comprehensive plan based upon the recommendations contained
therein unless a six-month extension is granted by the
(b) All evaluation and appraisal report based plan
amendments, including amendments adopted pursuant to an addendum.
shall be adopted in accordance with the procedures contained in
Sections 163.3184, 163.3187, and 163.3189, F.S., and shall be
subject to compliance review as that term is defined in Section
(c) Notwithstanding the requirements of subsection (1) of
this section, a local government may adopt its evaluation and
appraisal report-based plan amendments simultaneously with the
adoption of its report or addendum. An evaluation and appraisal
report adopted simultaneous with the local government's adoption
of the report-based plan amendments shall be adopted in
accordance with Sections 163.3187(5) and 163.3191, F.S., and this
Rule Chapter, including the requirements for public notice and
public hearings. The adoption of a report simultaneous with the
adoption of report-based plan amendments shall not act as a bar
to, or limitation on, the effect of the Department's sufficiency
review of the adopted report, nor may the Department waive its
responsibilities for review of such report. Evaluation and
appraisal report-based plan amendments adopted simultaneously
with the local government's adoption of its report shall be
adopted in accordance with Sections 163.3184, 163.3187, and
163.3189, F.S., and shall be subject to compliance review.
-_ u(6) EVALUATION AND APPRAISAL REPORT MINIMUM CRITERIA.
(a) The evaluation and appraisal report shall include an
evaluation and assessment of the success or failure of the local
government's adopted comprehensive plan, including the validity
of the projections. the realization of the goals and objectives.
and the implementation of the plan's policies. The evaluation
and appraisal report shall also address changes in local
conditions; the effect on the comprehensive plan of changes to:
the state comprehensive plan, Chapter 163, Part II. F.S., Chapter
9J-5, F.A.C. and the appropriate strategic regional policy plan;
changes needed to update the comprehensive plan, elements, or
portions thereof; reformulated or additional goals, objectives.
policies, maps, schedules, and procedures; and through adoption
of report-based plan amendments, update the local government's
comprehensive plan to address the issues raised in the report;
and otherwise address the requirements specified Section
163.3191. F.S.. and this Rule Chapter. The report shall contain
appropriate statements, including data, analysis and conclusions,
using words, maps, illustrations, schedules, or other graphic
formats that address the following:
1. Condition of Each Element at the Time of Adoption (
A. Summaries of data and analysis from each element of the
existing adopted Plan.
2. Condition of Each Element at the Date of Report
A. Summaries of each element describing current
b. A summary of all land use text and may amendments and
all other major text amendments made to the plan;
c. A new existing land use map and table of existing land
uses for current conditions as of the date of the report;
d. A new existing traffic circulation map; and
A summary of the condition and quality of all natural
3. Comparison of the Plan's Adopted Objectives with Actual
a. Comparison of the objectives, including specific and
measurable targets, to the actual results and conditions.
Determine whether the objective was achieved.
A. Maior Problems of Development. Physical Deterioration,
Location of Land uses and the Social and Economic Effects of the
Maior Problems Identified
a. The accuracy and use of the population projections;
b. Actual vs. anticipated rate of development;
c. The effect of concurrency requirements;
d. The maintenance and/or achievement of adequate Level of
Coordinating with development the provision of public
facilities and services;
f. The actual vs. projected revenues and expenditures
regarding capital improvements;
g. The generation and status of new revenue sources;
h. Physical deterioration of public buildings, utilities,
infrastructure, recreation facilities, and parks, and the need
for replacement or rehabilitation;
i. Physical deterioration of buildings and structures in
the commercial, and industrial land use categories;
j. Physical deterioration of the housing stock, including
k. The location of development with regard to existing
1. The location of development in relation to where
development was anticipated in the adopted plan, such as within
areas designated for urban growth;
m. The location of development in relation to its
compatibility with safety and evacuation in coastal high hazard
n. The location of development in relation to the
maintenance of environmentally sensitive areas; and
o. The social and economic effects of the major problems
previously identified oy providing a description of the effects.
5. Unanticipated and Unforeseen Problems and Opportunities
Which Occurred Since Adoption.
a. Provide a description of the unforeseen problems and/or
opportunities and their impact on the comprehensive plan.
6. Effect on the Local Comprehensive Plan
The report shall assess the consistency of the comprehensive /
A. Changes to State Comprehensive Plan since 1985;
b. Changes to appropriate strategic regional policy plan;
c. Changes to Rule 9J-5, F.A.C.; and
d. Chances to Chapter 163. Part II. F.S.
7. Identification of any Needed Actions to Address the
Planning Issues Raised in the Report
a. New. revised, minimum 5-year and minimum 10-vear
timeframes and population projections;
b. New and revised goals, objectives and policies;
c. Revised future conditions maps;
d. New capital improvements element;
e Other actions, such as monitoring and evaluation
f.' Studies to be completed.
L. Identification of Proposed or Anticipated Plan
Amendments to Address or Implement the Identified Changes
a. Identify Proposed or anticipated plan amendments; and
b. Provide a schedule for transmittal and adoption of the
plan amendments identified in the previous section.
9. The Public Participation Process
AE. Describe the public participation process used in the
preparation of the report.
Specific Authority: 120.535. 163.3177(9), 163.3187(5),
163.3191(8). 163.3191(10). F.S.
Law Implemented: 163.3187(5), 163.3191. F.S.
(This is a substantial rewrite. See 9J-5.0055 for present text)
9J-5.0055 Concurrency Management System. The purpose of
the concurrency management system is to establish an ongoing
mechanism which ensures that public facilities and services
needed to support development are available concurrent with the
impacts of such development.
(1) GENERAL REQUIREMENTS. Each local government shall
adopt, as a component of the comprehensive plan. objectives.
policies and standards for the establishment of a concurrency
management system. The concurrency management system will ensure
that issuance of a development order or development permit is
conditioned upon the availability of public facilities and
services necessary to serve new development, consistent with the
provisions of Chapter 163. Part II, F.S.. and this Rule. The
concurrency management system shall include:
(a) A requirement that the local government shall maintain
the adopted levef of service standards for roads, sanitary sewer,
solid waste, drainage, potable water, parks and recreation, and
mass transit, if applicable.
Ibl A requirement that the local government Capital
Improvements Element. as provided by Section 9J-5.016 of this
Chapter. shall set forth a financially feasible plan which