Major Provisions of the Local Government Comprehensive Planning and Land Development Regulation Act and Administrative Rules

Material Information

Major Provisions of the Local Government Comprehensive Planning and Land Development Regulation Act and Administrative Rules


Subjects / Keywords:
Local governments ( jstor )
Land development ( jstor )
Regional planning ( jstor )
Spatial Coverage:
North America -- United States of America -- Florida


Major Provisions of the Local Government Comprehensive Planning and Land Development Regulation Act and Administrative Rules
General Note:
Box 7, Folder 3 ( Vail Conference 1988 - 1988 ), Item 40
Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.

Record Information

Source Institution:
Levin College of Law, University of Florida
Holding Location:
Levin College of Law, University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.


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* Provide local governments with authority and responsibility
to guide and control future development
* Local comprehensive plans must be consistent with State
Comprehensive Plan and appropriate comprehensive regional
policy plan

Substantive Requirements

* All counties and municipalities required to comply; joint
planning allowed
* 8 basic elements required for all local governments:
Future land use
Traffic circulation
General sanitary sewer, solid waste, drainage,
potable water, and natural groundwater aquifer
recharge (Note: usually called "infrastructure")
Recreation and open space
Intergovernmental coordination
Capital improvements
2 additional elements for communities with over 50,000
Mass Transit
Port, aviation, and related facilities
Coastal management element required for all coastal governments
Narrative, consisting of goals, objectives, and policies,
and maps required
Plan to be based on appropriate data collection and analysis
Evaluation and appraisal reports required at least every .
five years to update plans (For many local governments also
required at time of plan submission)
a Act authorized several administrative rules

Plan Preparation

Due dates for submission are between July 1988 and July
1991; counties and their cities due at same time
Prepared under direction of local planning agency
Public participation procedures required
Regional planning councils will prepare (and charge local
governments for) plan if local government fails to do it

Plan Adoption

Local planning agency holds public hearing, recommends
plan to governing body
Governing body holds first public hearing, transmits 10
copies of plan to Department of Community Affairs
Department distributes plans to state and regional agencies
and counties (municipality plans); they have 45 days to pro-


vide comments to the Department
* Department provides final comments, objections, and
recommendations.back to local government within 45 days of
receipt of agency comments
* Governing body holds second public hearing, adopts plan
by ordinance, transmits 5 copies to Department
* Department reviews adopted plan for compliance; within 45
days issues notice of intent
* Any affected person (who must have participated in the
review process) may appeal after notice of intent is issued
* Appeals heard by a hearing officer; adverse reports go to
Administration Commission for decision which may result in
sanctions against any non-complying local government

Plan Amendments and Implementation

* Amendments limited to 2 times yearly (certain exceptions)
* Amendments subject to same review and adoption process as plan
* Land development regulations required within one year after
plan submission; must be a unified code that is in compli-
ance with and implements the comprehensive plan
* Capital improvements element updated annually by ordinance
* Substantially affected persons may appeal land development
regulations on grounds of inconsistency with plan
* Development order issuance contingent upon infrastructural
adequacy as set out in the level of service standards in
the comprehensive plan
* Development orders may be appealed by aggrieved or adversely
affected party on grounds of inconsistency with plan

Administrative Rules

* 9J-5 (Minimum Criteria Rule) has detailed requirements that
must be met by all comprehensive plans
* 9J-11 (Procedural Rule) governs details of transmission and
review by Department
* 93-12 (Schedule Rule) establishes submission dates; counties
and all their municipalities are due together
* Funding rules allocate state funding assistance for their
appropriate year: 9J-10 for 85-86 ($2.31 million); 93-16
for 86-87 ($8.8 million); 9J-20 for 87-88 ($9 million-this
rule is under development)
* Anticipated rule for review of land development regulations
is not yet scheduled

For further information contact:
Bureau of Local Resource Planning
Department of Community Affairs
2571 Bxecutive Center Circle Bast
Tallahassee, FL 32399