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Fla. Stat. § 163.3177
FLORIDA
STATUTES 2000
*** THIS DOCUMENT IS CURRENT THROUGH THE 2000
LEGISLATIVE SESSION ***
TITLE
XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
CHAPTER 163 INTERGOVERNMENTAL PROGRAMS
PART II GROWTH POLICY; COUNTY AND MUNICIPAL PLANNING; LAND
DEVELOPMENT REGULATION
163.3177 Required
and optional elements of comprehensive plan; studies and surveys.
(1) The comprehensive plan shall consist of
materials in such descriptive form, written or graphic, as may be appropriate
to the prescription of principles, guidelines, and standards for the orderly
and balanced future economic, social, physical, environmental, and fiscal
development of the area.
(2) Coordination of the several elements of the local
comprehensive plan shall be a major objective of the planning process. The
several elements of the comprehensive plan shall be consistent, and the
comprehensive plan shall be economically feasible.
(3) (a) The comprehensive plan shall contain a capital
improvements element designed to consider the need for and the location of
public facilities in order to encourage the efficient utilization of such
facilities and set forth:
1. A component which outlines principles for construction,
extension, or increase in capacity of public facilities, as well as a component
which outlines principles for correcting existing public facility deficiencies,
which are necessary to implement the comprehensive plan. The components shall
cover at least a 5-year period.
2. Estimated public facility costs, including a delineation of
when facilities will be needed, the general location of the facilities, and
projected revenue sources to fund the facilities.
3. Standards to ensure the availability of public facilities
and the adequacy of those facilities including acceptable levels of service.
4. Standards for the management of debt.
(b) The capital improvements element shall be reviewed on an
annual basis and modified as necessary in accordance with s. 163.3187 or s. 163.3189,
except that corrections, updates, and modifications concerning costs; revenue
sources; acceptance of facilities pursuant to dedications which are consistent
with the plan; or the date of construction of any facility enumerated in the
capital improvements element may be accomplished by ordinance and shall not be
deemed to be amendments to the local comprehensive plan. All public facilities
shall be consistent with the capital improvements element.
(4) (a) Coordination of the local comprehensive plan with the
comprehensive plans of adjacent municipalities, the county, adjacent counties,
or the region; with adopted rules pertaining to designated areas of critical
state concern; and with the state comprehensive plan shall be a major objective
of the local comprehensive planning process. To that end, in the preparation of
a comprehensive plan or element thereof, and in the comprehensive plan or
element as adopted, the governing body shall include a specific policy
statement indicating the relationship of the proposed development of the area
to the comprehensive plans of adjacent municipalities, the county, adjacent
counties, or the region and to the state comprehensive plan, as the case may
require and as such adopted plans or plans in preparation may exist.
(b) When all or a portion of the land in a local government
jurisdiction is or becomes part of a designated area of critical state concern,
the local government shall clearly identify those portions of the local
comprehensive plan that shall be applicable to the critical area and shall
indicate the relationship of the proposed development of the area to the rules
for the area of critical state concern.
(5) (a) Each local government comprehensive plan must include
at least two planning periods, one covering at least the first 5-year period
occurring after the plan's adoption and one covering at least a 10-year period.
(b) The comprehensive plan and its elements shall contain
policy recommendations for the implementation of the plan and its elements.
(6) In addition to the requirements of subsections (1)-(5),
the comprehensive plan shall include the following elements:
(a) A future land use plan element designating proposed future
general distribution, location, and extent of the uses of land for residential
uses, commercial uses, industry, agriculture, recreation, conservation,
education, public buildings and grounds, other public facilities, and other
categories of the public and private uses of land. The future land use plan
shall include standards to be followed in the control and distribution of
population densities and building and structure intensities. The proposed
distribution, location, and extent of the various categories of land use shall
be shown on a land use map or map series which shall be supplemented by goals,
policies, and measurable objectives. Each land use category shall be defined in
terms of the types of uses included and specific standards for the density or
intensity of use. The future land use plan shall be based upon surveys,
studies, and data regarding the area, including the amount of land required to
accommodate anticipated growth; the projected population of the area; the
character of undeveloped land; the availability of public services; the need
for redevelopment, including the renewal of blighted areas and the elimination
of nonconforming uses which are inconsistent with the character of the
community; and, in rural communities, the need for job creation, capital
investment, and economic development that will strengthen and diversify the
community's economy. The future land use plan may designate areas for future
planned development use involving combinations of types of uses for which
special regulations may be necessary to ensure development in accord with the
principles and standards of the comprehensive plan and this act. In addition,
for rural communities, the amount of land designated for future planned
industrial use shall be based upon surveys and studies that reflect the need
for job creation, capital investment, and the necessity to strengthen and
diversify the local economies, and shall not be limited solely by the projected
population of the rural community. The future land use plan of a county may
also designate areas for possible future municipal incorporation. The land use
maps or map series shall generally identify and depict historic district
boundaries and shall designate historically significant properties meriting
protection. The future land use element must clearly identify the land use categories
in which public schools are an allowable use. When delineating the land use
categories in which public schools are an allowable use, a local government
shall include in the categories sufficient land proximate to residential
development to meet the projected needs for schools in coordination with public
school boards and may establish differing criteria for schools of different
type or size. Each local government shall include lands contiguous to existing
school sites, to the maximum extent possible, within the land use categories in
which public schools are an allowable use. All comprehensive plans must comply
with the school siting requirements of this paragraph no later than October 1,
1999. The failure by a local government to comply with these school siting
requirements by October 1, 1999, will result in the prohibition of the local
government's ability to amend the local comprehensive plan, except for plan
amendments described in s. 163.3187(1)(b), until the school siting requirements
are met. An amendment proposed by a local government for purposes of
identifying the land use categories in which public schools are an allowable
use is exempt from the limitation on the frequency of plan amendments contained
in s. 163.3187. The future land use element shall include criteria which
encourage the location of schools proximate to urban residential areas to the
extent possible and shall require that the local government seek to collocate
public facilities, such as parks, libraries, and community centers, with
schools to the extent possible.
(b) A traffic circulation element consisting of the types,
locations, and extent of existing and proposed major thoroughfares and
transportation routes, including bicycle and pedestrian ways. Transportation
corridors, as defined in s. 334.03, may be designated in the traffic
circulation element pursuant to s. 337.273. If the transportation corridors are
designated, the local government may adopt a transportation corridor management
ordinance.
(c) A general sanitary sewer, solid waste, drainage, potable
water, and natural groundwater aquifer recharge element correlated to
principles and guidelines for future land use, indicating ways to provide for
future potable water, drainage, sanitary sewer, solid waste, and aquifer
recharge protection requirements for the area. The element may be a detailed
engineering plan including a topographic map depicting areas of prime
groundwater recharge. The element shall describe the problems and needs and the
general facilities that will be required for solution of the problems and
needs. The element shall also include a topographic map depicting any areas
adopted by a regional water management district as prime groundwater recharge
areas for the Floridan or Biscayne aquifers, pursuant to s. 373.0395. These
areas shall be given special consideration when the local government is engaged
in zoning or considering future land use for said designated areas. For areas
served by septic tanks, soil surveys shall be provided which indicate the
suitability of soils for septic tanks.
(d) A conservation element for the conservation, use, and
protection of natural resources in the area, including air, water, water
recharge areas, wetlands, waterwells, estuarine marshes, soils, beaches,
shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and
wildlife, marine habitat, minerals, and other natural and environmental
resources. Local governments shall assess their current, as well as projected,
water needs and sources for a 10-year period. This information shall be
submitted to the appropriate agencies. The land use map or map series contained
in the future land use element shall generally identify and depict the
following:
1. Existing and planned waterwells and cones of influence
where applicable.
2. Beaches and shores, including estuarine systems.
3. Rivers, bays, lakes, flood plains, and harbors.
4. Wetlands.
5. Minerals and soils.
The land uses identified on such maps shall be consistent with applicable state
law and rules.
(e) A recreation and open space element indicating a
comprehensive system of public and private sites for recreation, including, but
not limited to, natural reservations, parks and playgrounds, parkways, beaches
and public access to beaches, open spaces, and other recreational facilities.
(f) 1. A housing element consisting of standards, plans, and
principles to be followed in:
a. The provision of housing for all current and anticipated
future residents of the jurisdiction.
b. The elimination of substandard dwelling conditions.
c. The structural and aesthetic improvement of existing
housing.
d. The provision of adequate sites for future housing,
including housing for low-income, very low-income, and moderate-income families,
mobile homes, and group home facilities and foster care facilities, with
supporting infrastructure and public facilities.
e. Provision for relocation housing and identification of
historically significant and other housing for purposes of conservation,
rehabilitation, or replacement.
f. The formulation of housing implementation programs.
g. The creation or preservation of affordable housing to
minimize the need for additional local services and avoid the concentration of
affordable housing units only in specific areas of the jurisdiction.
The goals, objectives, and policies of the housing element must be based on the
data and analysis prepared on housing needs, including the affordable housing
needs assessment. State and federal housing plans prepared on behalf of the
local government must be consistent with the goals, objectives, and policies of
the housing element. Local governments are encouraged to utilize job training,
job creation, and economic solutions to address a portion of their affordable
housing concerns.
2. To assist local governments in housing data collection and
analysis and assure uniform and consistent information regarding the state's
housing needs, the state land planning agency shall conduct an affordable housing
needs assessment for all local jurisdictions on a schedule that coordinates the
implementation of the needs assessment with the evaluation and appraisal
reports required by s. 163.3191. Each local government shall utilize the data
and analysis from the needs assessment as one basis for the housing element of
its local comprehensive plan. The agency shall allow a local government the
option to perform its own needs assessment, if it uses the methodology
established by the agency by rule.
(g) For those units of local government identified in s.
380.24, a coastal management element, appropriately related to the particular
requirements of paragraphs (d) and (e) and meeting the requirements of s.
163.3178(2) and (3). The coastal management element shall set forth the
policies that shall guide the local government's decisions and program
implementation with respect to the following objectives:
1. Maintenance, restoration, and enhancement of the overall
quality of the coastal zone environment, including, but not limited to, its
amenities and aesthetic values.
2. Continued existence of viable populations of all species of
wildlife and marine life.
3. The orderly and balanced utilization and preservation,
consistent with sound conservation principles, of all living and nonliving
coastal zone resources.
4. Avoidance of irreversible and irretrievable loss of coastal
zone resources.
5. Ecological planning principles and assumptions to be used
in the determination of suitability and extent of permitted development.
6. Proposed management and regulatory techniques.
7. Limitation of public expenditures that subsidize
development in high-hazard coastal areas.
8. Protection of human life against the effects of natural
disasters.
9. The orderly development, maintenance, and use of ports
identified in s. 403.021(9) to facilitate deepwater commercial navigation and
other related activities.
10. Preservation, including sensitive adaptive use of historic
and archaeological resources.
(h) 1. An intergovernmental coordination element showing
relationships and stating principles and guidelines to be used in the
accomplishment of coordination of the adopted comprehensive plan with the plans
of school boards and other units of local government providing services but not
having regulatory authority over the use of land, with the comprehensive plans
of adjacent municipalities, the county, adjacent counties, or the region, and
with the state comprehensive plan, as the case may require and as such adopted
plans or plans in preparation may exist. This element of the local
comprehensive plan shall demonstrate consideration of the particular effects of
the local plan, when adopted, upon the development of adjacent municipalities,
the county, adjacent counties, or the region, or upon the state comprehensive
plan, as the case may require.
a. The intergovernmental coordination element shall provide
for procedures to identify and implement joint planning areas, especially for
the purpose of annexation, municipal incorporation, and joint infrastructure
service areas.
b. The intergovernmental coordination element shall provide
for recognition of campus master plans prepared pursuant to s. 240.155.
c. The intergovernmental coordination element may provide for
a voluntary dispute resolution process as established pursuant to s. 186.509
for bringing to closure in a timely manner intergovernmental disputes. A local
government may develop and use an alternative local dispute resolution process
for this purpose.
2. The intergovernmental coordination element shall further
state principles and guidelines to be used in the accomplishment of
coordination of the adopted comprehensive plan with the plans of school boards
and other units of local government providing facilities and services but not
having regulatory authority over the use of land. In addition, the
intergovernmental coordination element shall describe joint processes for
collaborative planning and decisionmaking on population projections and public
school siting, the location and extension of public facilities subject to
concurrency, and siting facilities with countywide significance, including
locally unwanted land uses whose nature and identity are established in an
agreement. Within 1 year of adopting their intergovernmental coordination
elements, each county, all the municipalities within that county, the district
school board, and any unit of local government service providers in that county
shall establish by interlocal or other formal agreement executed by all
affected entities, the joint processes described in this subparagraph
consistent with their adopted intergovernmental coordination elements.
3. To foster coordination between special districts and local
general-purpose governments as local general-purpose governments implement
local comprehensive plans, each independent special district must submit a
public facilities report to the appropriate local government as required by s.
189.415.
4. The state land planning agency shall establish a schedule
for phased completion and transmittal of plan amendments to implement
subparagraphs 1., 2., and 3. from all jurisdictions so as to accomplish their
adoption by December 31, 1999. A local government may complete and transmit its
plan amendments to carry out these provisions prior to the scheduled date
established by the state land planning agency. The plan amendments are exempt
from the provisions of s. 163.3187(1).
(i) The optional elements of the comprehensive plan in
paragraphs (7)(a) and (b) are required elements for those municipalities having
populations greater than 50,000, and those counties having populations greater
than 75,000, as determined under s. 186.901.
(j) For each unit of local government within an urbanized area
designated for purposes of s. 339.175, a transportation element, which shall be
prepared and adopted in lieu of the requirements of paragraph (b) and
paragraphs (7)(a), (b), (c), and (d) and which shall address the following
issues:
1. Traffic circulation, including major thoroughfares and
other routes, including bicycle and pedestrian ways.
2. All alternative modes of travel, such as public
transportation, pedestrian, and bicycle travel.
3. Parking facilities.
4. Aviation, rail, seaport facilities, access to those
facilities, and intermodal terminals.
5. The availability of facilities and services to serve
existing land uses and the compatibility between future land use and
transportation elements.
6. The capability to evacuate the coastal population prior to
an impending natural disaster.
7. Airports, projected airport and aviation development, and
land use compatibility around airports.
8. An identification of land use densities, building
intensities, and transportation management programs to promote public
transportation systems in designated public transportation corridors so as to
encourage population densities sufficient to support such systems.
9. May include transportation corridors, as defined in s.
334.03, intended for future transportation facilities designated pursuant to s.
337.273. If transportation corridors are designated, the local government may
adopt a transportation corridor management ordinance.
(7) The comprehensive plan may include the following
additional elements, or portions or phases thereof:
(a) As a part of the circulation element of paragraph (6)(b)
or as a separate element, a mass-transit element showing proposed methods for
the moving of people, rights-of-way, terminals, related facilities, and fiscal
considerations for the accomplishment of the element.
(b) As a part of the circulation element of paragraph (6)(b)
or as a separate element, plans for port, aviation, and related facilities
coordinated with the general circulation and transportation element.
(c) As a part of the circulation element of paragraph (6)(b)
and in coordination with paragraph (6)(e), where applicable, a plan element for
the circulation of recreational traffic, including bicycle facilities, exercise
trails, riding facilities, and such other matters as may be related to the
improvement and safety of movement of all types of recreational traffic.
(d) As a part of the circulation element of paragraph (6)(b)
or as a separate element, a plan element for the development of offstreet
parking facilities for motor vehicles and the fiscal considerations for the
accomplishment of the element.
(e) A public buildings and related facilities element showing
locations and arrangements of civic and community centers, public schools,
hospitals, libraries, police and fire stations, and other public buildings.
This plan element should show particularly how it is proposed to effect
coordination with governmental units, such as school boards or hospital
authorities, having public development and service responsibilities,
capabilities, and potential but not having land development regulatory
authority. This element may include plans for architecture and landscape
treatment of their grounds.
(f) A recommended community design element which may consist
of design recommendations for land subdivision, neighborhood development and
redevelopment, design of open space locations, and similar matters to the end
that such recommendations may be available as aids and guides to developers in
the future planning and development of land in the area.
(g) A general area redevelopment element consisting of plans
and programs for the redevelopment of slums and blighted locations in the area
and for community redevelopment, including housing sites, business and
industrial sites, public buildings sites, recreational facilities, and other
purposes authorized by law.
(h) A safety element for the protection of residents and
property of the area from fire, hurricane, or manmade or natural catastrophe,
including such necessary features for protection as evacuation routes and their
control in an emergency, water supply requirements, minimum road widths,
clearances around and elevations of structures, and similar matters.
(i) An historical and scenic preservation element setting out
plans and programs for those structures or lands in the area having historical,
archaeological, architectural, scenic, or similar significance.
(j) An economic element setting forth principles and guidelines
for the commercial and industrial development, if any, and the employment and
personnel utilization within the area. The element may detail the type of
commercial and industrial development sought, correlated to the present and
projected employment needs of the area and to other elements of the plans, and
may set forth methods by which a balanced and stable economic base will be
pursued.
(k) Such other elements as may be peculiar to, and necessary
for, the area concerned and as are added to the comprehensive plan by the
governing body upon the recommendation of the local planning agency.
(l) Local governments that are not required to prepare coastal
management elements under s. 163.3178 are encouraged to adopt hazard
mitigation/postdisaster redevelopment plans. These plans should, at a minimum,
establish long-term policies regarding redevelopment, infrastructure,
densities, nonconforming uses, and future land use patterns. Grants to assist
local governments in the preparation of these hazard mitigation/postdisaster
redevelopment plans shall be available through the Emergency Management
Preparedness and Assistance Account in the Grants and Donations Trust Fund
administered by the department, if such account is created by law. The plans
must be in compliance with the requirements of this act and chapter 252.
(8) All elements of the comprehensive plan, whether mandatory
or optional, shall be based upon data appropriate to the element involved.
Surveys and studies utilized in the preparation of the comprehensive plan shall
not be deemed a part of the comprehensive plan unless adopted as a part of it.
Copies of such studies, surveys, and supporting documents shall be made
available to public inspection, and copies of such plans shall be made available
to the public upon payment of reasonable charges for reproduction.
(9) The state land planning agency shall, by February 15,
1986, adopt by rule minimum criteria for the review and determination of
compliance of the local government comprehensive plan elements required by this
act. Such rules shall not be subject to rule challenges under s. 120.56(2) or
to drawout proceedings under s. 120.54(3)(c)2. Such rules shall become
effective only after they have been submitted to the President of the Senate and
the Speaker of the House of Representatives for review by the Legislature no
later than 30 days prior to the next regular session of the Legislature. In its
review the Legislature may reject, modify, or take no action relative to the
rules. The agency shall conform the rules to the changes made by the
Legislature, or, if no action was taken, the agency rules shall become
effective. The rule shall include criteria for determining whether:
(a) Proposed elements are in compliance with the requirements
of part II, as amended by this act.
(b) Other elements of the comprehensive plan are related to
and consistent with each other.
(c) The local government comprehensive plan elements are
consistent with the state comprehensive plan and the appropriate regional
policy plan pursuant to s. 186.508.
(d) Certain bays, estuaries, and harbors that fall under the
jurisdiction of more than one local government are managed in a consistent and
coordinated manner in the case of local governments required to include a
coastal management element in their comprehensive plans pursuant to paragraph
(6)(g).
(e) Proposed elements identify the mechanisms and procedures
for monitoring, evaluating, and appraising implementation of the plan. Specific
measurable objectives are included to provide a basis for evaluating
effectiveness as required by s. 163.3191.
(f) Proposed elements contain policies to guide future
decisions in a consistent manner.
(g) Proposed elements contain programs and activities to
ensure that comprehensive plans are implemented.
(h) Proposed elements identify the need for and the processes
and procedures to ensure coordination of all development activities and
services with other units of local government, regional planning agencies, water
management districts, and state and federal agencies as appropriate.
The state land planning agency may adopt procedural rules that are consistent
with this section and chapter 120 for the review of local government
comprehensive plan elements required under this section. The state land
planning agency shall provide model plans and ordinances and, upon request,
other assistance to local governments in the adoption and implementation of
their revised local government comprehensive plans. The review and comment
provisions applicable prior to October 1, 1985, shall continue in effect until
the criteria for review and determination are adopted pursuant to this
subsection and the comprehensive plans required by s. 163.3167(2) are due.
(10) The Legislature recognizes the importance and
significance of chapter 9J-5, Florida Administrative Code, the Minimum Criteria
for Review of Local Government Comprehensive Plans and Determination of
Compliance of the Department of Community Affairs that will be used to
determine compliance of local comprehensive plans. The Legislature reserved
unto itself the right to review chapter 9J-5, Florida Administrative Code, and
to reject, modify, or take no action relative to this rule. Therefore, pursuant
to subsection (9), the Legislature hereby has reviewed chapter 9J-5, Florida
Administrative Code, and expresses the following legislative intent:
(a) The Legislature finds that in order for the department to
review local comprehensive plans, it is necessary to define the term
"consistency." Therefore, for the purpose of determining whether
local comprehensive plans are consistent with the state comprehensive plan and
the appropriate regional policy plan, a local plan shall be consistent with
such plans if the local plan is "compatible with" and
"furthers" such plans. The term "compatible with" means
that the local plan is not in conflict with the state comprehensive plan or
appropriate regional policy plan. The term "furthers" means to take
action in the direction of realizing goals or policies of the state or regional
plan. For the purposes of determining consistency of the local plan with the
state comprehensive plan or the appropriate regional policy plan, the state or
regional plan shall be construed as a whole and no specific goal and policy
shall be construed or applied in isolation from the other goals and policies in
the plans.
(b) Each local government shall review all the state
comprehensive plan goals and policies and shall address in its comprehensive
plan the goals and policies which are relevant to the circumstances or
conditions in its jurisdiction. The decision regarding which particular state
comprehensive plan goals and policies will be furthered by the expenditure of a
local government's financial resources in any given year is a decision which
rests solely within the discretion of the local government. Intergovernmental
coordination, as set forth in paragraph (6)(h), shall be utilized to the extent
required to carry out the provisions of chapter 9J-5, Florida Administrative
Code.
(c) The Legislature declares that if any portion of chapter
9J-5, Florida Administrative Code, is found to be in conflict with this part,
the appropriate statutory provision shall prevail.
(d) Chapter 9J-5, Florida Administrative Code, does not
mandate the creation, limitation, or elimination of regulatory authority, nor
does it authorize the adoption or require the repeal of any rules, criteria, or
standards of any local, regional, or state agency.
(e) It is the Legislature's intent that support data or
summaries thereof shall not be subject to the compliance review process, but
the Legislature intends that goals and policies be clearly based on appropriate
data. The department may utilize support data or summaries thereof to aid in
its determination of compliance and consistency. The Legislature intends that
the department may evaluate the application of a methodology utilized in data
collection or whether a particular methodology is professionally accepted.
However, the department shall not evaluate whether one accepted methodology is
better than another. Chapter 9J-5, Florida Administrative Code, shall not be
construed to require original data collection by local governments; however,
local governments are not to be discouraged from utilizing original data so
long as methodologies are professionally accepted.
(f) The Legislature recognizes that under this section, local
governments are charged with setting levels of service for public facilities in
their comprehensive plans in accordance with which development orders and
permits will be issued pursuant to s. 163.3202(2)(g). Nothing herein shall
supersede the authority of state, regional, or local agencies as otherwise
provided by law.
(g) Definitions contained in chapter 9J-5, Florida
Administrative Code, are not intended to modify or amend the definitions
utilized for purposes of other programs or rules or to establish or limit
regulatory authority. Local governments may establish alternative definitions
in local comprehensive plans, as long as such definitions accomplish the intent
of this chapter, and chapter 9J-5, Florida Administrative Code.
(h) It is the intent of the Legislature that public facilities
and services needed to support development shall be available concurrent with
the impacts of such development in accordance with s. 163.3180. In meeting this
intent, public facility and service availability shall be deemed sufficient if
the public facilities and services for a development are phased, or the
development is phased, so that the public facilities and those related services
which are deemed necessary by the local government to operate the facilities
necessitated by that development are available concurrent with the impacts of
the development. The public facilities and services, unless already available,
are to be consistent with the capital improvements element of the local
comprehensive plan as required by paragraph (3)(a) or guaranteed in an
enforceable development agreement. This shall include development agreements
pursuant to this chapter or in an agreement or a development order issued
pursuant to chapter 380. Nothing herein shall be construed to require a local
government to address services in its capital improvements plan or to limit a local
government's ability to address any service in its capital improvements plan
that it deems necessary.
(i) The department shall take into account the factors
delineated in rule 9J-5.002(2), Florida Administrative Code, as it provides
assistance to local governments and applies the rule in specific situations
with regard to the detail of the data and analysis required.
(j) Chapter 9J-5, Florida Administrative Code, has become
effective pursuant to subsection (9). The Legislature hereby directs the department
to adopt amendments as necessary which conform chapter 9J-5, Florida
Administrative Code, with the requirements of this legislative intent by
October 1, 1986.
(k) So that local governments are able to prepare and adopt
comprehensive plans with knowledge of the rules that will be applied to
determine consistency of the plans with provisions of this part, it is the
intent of the Legislature that there should be no doubt as to the legal
standing of chapter 9J-5, Florida Administrative Code, at the close of the 1986
legislative session. Therefore, the Legislature declares that changes made to
chapter 9J-5, Florida Administrative Code, prior to October 1, 1986, shall not
be subject to rule challenges under s. 120.56(2), or to drawout proceedings under
s. 120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative Code, as
amended, shall be subject to rule challenges under s. 120.56(3), as nothing
herein shall be construed to indicate approval or disapproval of any portion of
chapter 9J-5, Florida Administrative Code, not specifically addressed herein.
No challenge pursuant to s. 120.56(3) may be filed from July 1, 1987, through
April 1, 1993. Any amendments to chapter 9J-5, Florida Administrative Code,
exclusive of the amendments adopted prior to October 1, 1986, pursuant to this
act, shall be subject to the full chapter 120 process. All amendments shall
have effective dates as provided in chapter 120 and submission to the President
of the Senate and Speaker of the House of Representatives shall not be
required.
(l) The state land planning agency shall consider land use
compatibility issues in the vicinity of all airports in coordination with the
Department of Transportation.
(11) (a) The Legislature recognizes the need for innovative
planning and development strategies which will address the anticipated demands
of continued urbanization of Florida's coastal and other environmentally
sensitive areas, and which will accommodate the development of less populated
regions of the state which seek economic development and which have suitable
land and water resources to accommodate growth in an environmentally acceptable
manner. The Legislature further recognizes the substantial advantages of
innovative approaches to development which may better serve to protect
environmentally sensitive areas, maintain the economic viability of
agricultural and other predominantly rural land uses, and provide for the
cost-efficient delivery of public facilities and services.
(b) It is the intent of the Legislature that the local
government comprehensive plans and plan amendments adopted pursuant to the
provisions of this part provide for a planning process which allows for land
use efficiencies within existing urban areas and which also allows for the
conversion of rural lands to other uses, where appropriate and consistent with
the other provisions of this part and the affected local comprehensive plans,
through the application of innovative and flexible planning and development
strategies and creative land use planning techniques, which may include, but
not be limited to, urban villages, new towns, satellite communities, area-based
allocations, clustering and open space provisions, mixed-use development, and
sector planning.
(c) It is the further intent of the Legislature that local
government comprehensive plans and implementing land development regulations
shall provide strategies which maximize the use of existing facilities and
services through redevelopment, urban infill development, and other strategies
for urban revitalization.
(d) The implementation of this subsection shall be subject to
the provisions of this chapter, chapters 186 and 187, and applicable agency
rules.
(e) The department shall implement the provisions of this
subsection by rule.
(12) A public school facilities element adopted to implement a
school concurrency program shall meet the requirements of this subsection.
(a) A public school facilities element shall be based upon
data and analyses that address, among other items, how level-of-service
standards will be achieved and maintained. Such data and analyses must include,
at a minimum, such items as: the 5-year school district facilities work program
adopted pursuant to s. 235.185; the educational plant survey and an existing
educational and ancillary plant map or map series; information on existing
development and development anticipated for the next 5 years and the long-term
planning period; an analysis of problems and opportunities for existing schools
and schools anticipated in the future; an analysis of opportunities to
collocate future schools with other public facilities such as parks, libraries,
and community centers; an analysis of the need for supporting public facilities
for existing and future schools; an analysis of opportunities to locate schools
to serve as community focal points; projected future population and associated
demographics, including development patterns year by year for the upcoming
5-year and long-term planning periods; and anticipated educational and
ancillary plants with land area requirements.
(b) The element shall contain one or more goals which
establish the long-term end toward which public school programs and activities
are ultimately directed.
(c) The element shall contain one or more objectives for each
goal, setting specific, measurable, intermediate ends that are achievable and
mark progress toward the goal.
(d) The element shall contain one or more policies for each
objective which establish the way in which programs and activities will be
conducted to achieve an identified goal.
(e) The objectives and policies shall address items such as:
the procedure for an annual update process; the procedure for school site
selection; the procedure for school permitting; provision of supporting
infrastructure; location of future school sites so they serve as community
focal points; measures to ensure compatibility of school sites and surrounding
land uses; coordination with adjacent local governments and the school district
on emergency preparedness issues; and coordination with the future land use
element.
(f) The element shall include one or more future conditions
maps which depict the anticipated location of educational and ancillary plants.
The maps will of necessity be general for the long-term planning period and
more specific for the 5-year period.