Title: Rule 9J-5.0053, F.A.C., Minimum Criteria for Evaluation and Appraisal Reports
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 Material Information
Title: Rule 9J-5.0053, F.A.C., Minimum Criteria for Evaluation and Appraisal Reports
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Rule 9J-5.0053, F.A.C., Minimum Criteria for Evaluation and Appraisal Reports (JDV Box 39)
General Note: Box 29, Folder 2 ( Land Use and Water Planning Task Force - 1994 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004767
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
TEL:904-488-9005 Mar 16,94


LAWION CHILES
COVkRNOR


STATE OP FLORIDA

Office of tipe (oternor
THE CAPITOL
TALLUAHASSNK, FI.ORIDA 32.99-0001


March 16, 1994


TO:


Members, Land Use and Water Planning Task Force


FROM: Teresa B. Tinker, Policy Coordinator
Growth Management and Strategic Planning Policy Unit

Enclosed is a copy of Rule 9J-5.0053, F.A.C., Minimum Criteria
for Evaluation and Appraisal Reports. This was inadvertently
omitted from the March 21 meeting materials previously
distributed.

/tbt

Enclosure


Pout. brand fax Vansmittal memo 7671 aF-o p *


Dept. Phone N
Fax roDj'" F .-


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EVALUATION AND APPRAISAL REPORTS


9Ja5.0053 Procedure for the Transmittal and Review of Local
Government Comprehensive Plan Evaluation and Aopraisal Reports
and Evaluation and Appraisal Amendments.
(1) PURPOSE AND INTENT. Xt is the intent of the
Legislature that each unit of local government required to adopt
a comprehensive plan pursuant to Chapter 163. Part II. F.S.,
periodically update its comprehensivepln throu the
preparation and adoption of an evaluation and..apraisal 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 Flanning and_ Land
Development Reaulation Act. Chapter 163. Part II. F.S., and
Chapters 9J-5 and 9J-33, FA.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 oroiections. the realization of the goals and
o.iectives. and the implementation of the plan's policies. The
report shall also address changes in local conditions, changes 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
the report,
(2) Transmittal Requirements for Proposed Evaluation and
Ampraisal Report.
(a) In accordance with the schedule established in Rule 93-
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, .nd contemporaneou.sy send a copv
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 major 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.
(b) 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 projections. the realization of the goals and objectives.
and implementation of the plan's Policies. The proposed
evaluation and appraisal report shall also address changes in
local conditions: the effect on the comDrehensive plan of changes
to: the state comprehensive plan, Chanter 163. Part II. F.S.,




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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 Chanter.
Ic) The local planning aaencv 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
therein.
fe) If a local planning agency transmits an early
evaluation and appraisal report, the local Mlanning 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 chances that occurred subsequent to the
adoption of the earlier evaluation and anoraisal report.
(3) SUBMITTAL REQUIREMENTS FOR ADOPTED EVALUATION AND
APPRAISAL REPORT,
(a) Within 90 days after receiving the proposed evaluation
and. apraisal 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 anpraisal 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 anpraisal report shall also address changes in local
conditions; the effect on the comDrehensive plan of changes to:
the state comprehensive 1lan. Chapter 163, Part II. F.S., Chanter
9J-5. F.A.C.. and the appropriate strategic regional policy plan;
chances 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 Chanter. 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


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after the report or addendum is adopted unless a six-month
extension is granted by the department.
(c) The local aovernina body shall adopt, or adopt with
changes. the evaluation and aopraisal report in conformity with
the public participation procedures in accordance with the public
participation requirements of Section 163.3181, F.S. and Rule 9J-
5.004. F.A.C.
(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
therein.
(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
subsection.
(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 Darticipation, 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.
(a) All evaluation and appraisal report materials.
including. raphic 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 Planninag.Room 252
Plan Processina Team-EAR REVIEW
2740 Centerview Drive
Tallahassee, Florida 32399-2100
J41 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
determination that:
1. the report or addendum was adopted and submitted timely;
and
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


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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 arpraispa
report-based x31an 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 it
sufficiency determination.
_(d) If the Depairtment determines that the adopted rep or
addendum sufficiently addresses the reXuisite grovisionm of -
Section 163.3191, F.S.. and this Rule Chanter,. the local
government Shall proceed with adoption of plan amendments_
necessary to implement the recommendations in the report or
addendum, -and may Procee with plan amendments in addition to the
evaluation and appraisal repordt-based plan amendments. -
(e) --If the local planning agency fail, to transmit its
evaluation report ort addendum to the DeDartment by the
established transmittal date, or if the local governing body
fails to adopt the evaluation and anraisal report by the
established adoption date, the local governinM body is =rohibited
from amending. its comprehensive plcan until such time as the.local
Governing body adopts and submits an evaluation nd apDraisal
reDort or addendum that the Department determines sufficiently
adorsses the requisite provisions of Section 163.3191. F.S.. and
this Rule Chatter. I-f the Deartment determines that the adopted
report or addendum is not sufficient because it fails to address
the requirements of Section 163..191. FS., and thipr- --
Chapter, the local governing body is prohibited from amending Its
comprehensivet-lan until such time as the local aovernina body
adopts and submits an evaluation and appraisal report or addend ,um
that the Department determines sufficiently addresses_ the
requisite provision of Section 163,3191. F.S.. and this Rule
Chapter, except for alan amendments to implement recommendations
in .the adopted evaluation and anrraisal report or addendum.
(f) Iflocal governments are prohibited fro.m amending the
comDrehensive plan pursuant to rule 9J-5.0053(41 (e) F. A.C.. then
during the time period of the p rohibition starting subsequent to
the submission date specified in_ Rule 9J-33. A.C,, amendments
will not be processed by the Deoartment, and will be returned to
the local government except for plan amendments to implement
recommendations in the, evaluation and appraisal report. In order
to secure review thereafter, the local government may resubmit
the amendments in accordance with the rernirements of Sections
163.3184. 163,3187. and 163.3189. FPS.. following a determination
that the local government's evaluation and appraisal report or
addendum is sufficient.
5il ADOPTION OF EVALUATION AND APPRAISAL REPORT AMENDMENTS.




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(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
department,
_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
163.3184(1)(b), F.S.
(c) Notwithstanding the requirements of subsection (1) of
this section, a local government may adont its evaluation and
appraisal report-based plan amendments simultaneously with the
adoption of its report or addendum. An evaluation and anoraisal
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 renort-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.
LA1 EVALUATION AND APPRAISAL REPORT MINIMUM CRITERIA.
la)- 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 aRRraisal report shall also address changes in jocal
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 neeede to update the comprehensive plan, elements, or
portions thereof; reformulated or additional goals, objectives,
policies, maps, schedules. and procedures arnd through adoption
of report-based plan andmenmnts, update the local government's
comprehensive plan to address the issues raised in the report,
and otherwise address the requirements sp ecfied Section
163.3191. F.S.. and this Rule Chapter. The re-ort shall contain
appropriate statements, including data, analysis and conclusions.
using words, maps, illustrations, schedules, or other graphic
formats that address the following:
L. Condition of Each Element at the Time of Adoption




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as 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
conditions:
_. A summary of all land use text and map amendments and
all other major text amendments made to the plan:
A new existing land use map and table of existing ag
uses for current conditions as of the dte of the report"
d. A new existing traffic circulation map: and
e. A summary of the condition and quality of all natural
resources.
2. Comparison of the Plan's Adopted Objectives with Actual
Results
A. Comparison of the objectives, including specific and
measurable targets, to the actual results and conditions.
Determine whether the objective was achieved.
4. Malor Problems of Development. Physical Deterioration.
Location of Land uses and the Social and Economic Effects of the
Major Problems Identified
a. The accuracy and use of the population projections:
l. Actual vs. anticipated rate of development
-_L The effect of concurrency requirements_
ad The maintenance and/or achievement of adequate Level of
Service Standards,
EL Coordinatina with development the provision of Dublic
facilities and services:
f. The actual vs. proiected revenues and expenditures
regarding capital improvements;
a. The generation and status of new revenue sources;
hi Physical deterioration of public buildings, utilities,
infrastructure, recreation facilities, and parks, and the need
for replacement or rehabilitation?
iJ Physical deterioration of buildings and structures in
the commercial, and industrial land use categories:
i. Physical deterioration of the housing stock, including
mobile homes,
k. The location of development with regard to existing
infrastructure:
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
areas
nL The location of development in relation to the
maintenance of environmentally sensitive areas? and
9_ The social and economic effects of the maior problemss
previously identified by Drovidin a description of the effects.
5_ Unanticipated and Unforeseen Problems and Ooportunities
Which Occurred Since Adoption.
a. Provide a description of the unforeseen problems and/or




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opportunities and their impact on the comprehensive plan.
L_ Effect on the Local Comprehensive .Plan.
The report shall assges the consistency of the oQmprehensive
plan with:
AL Changes to State Comprehensive Plan since 1985:
b, Chanes to appropriate strategic regional policy plan
F. Changes to Rule 9J-5, F.A.C.; and
SChhanaes to Chapter 163. Part II. F.S.
27L identification of any Needed Actions to Address the
Planning Issues Raised in the Report
a_ New, revised, minimum 5-year and minimum 10-year
timeframes and population Droi&ctionRs
D New and revised coals, objectives and .polij,lL
A. Revised future conditions mapps
d. New capital improvements element;
# Other actions, such as monitorinQ and evaluation
procedures: and
L. Studies to be completed.
Identification of Proposed or Anticpiated Plan
Amendments to Address or Implement the Identified Changes
Identify proposed or anticipated plan amendments; and
b Provide a schedule for transmittal and adoption of the
plan amendments identified in the previous section.
_. The Public ParticiDation Process
a Describe the public participAtion process used J.in
preparation of the rep~-t.
Specific Authority; 120.535, 363.3377(9), 163.3187(5),
163,3191(8), 163.3191(10), FS.
Law lm-lemented: 163.3187(5)1 163.3191, FS.
History-New .-




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