Florida Special District Handbook Online:
The Public Facilities Report
(www.FloridaJobs.org/PublicFacilitiesReports)

Activities of Special Districts as they Relate to Local Government Comprehensive Planning

One of the purposes of the Uniform Special District Accountability Act is to improve local government comprehensive planning, while not:

  • Creating or altering the respective rights of counties, municipalities, or special districts to provide public facilities or services to a particular geographic area or location
  • Altering or affecting the police powers of any local government or the authority or requirements under Chapter 163, Florida Statutes - Intergovernmental Programs

Special districts must ensure that the construction, expansion, and alterations of public facilities are consistent with the applicable local government comprehensive plan.

Local government comprehensive plans must not:

  • Require an independent special district to construct, expand, or perform a major alteration of any public facility; or,
  • Require any special district to construct, expand, or perform a major alteration of any public facility that would result in an impairment of covenants and agreements relating to bonds validated or issued by the special district.

Counties and municipalities must not:

  • Use the comprehensive planning requirements of the Uniform Special District Accountability Act to limit or modify the right of an independent special district to construct, modify, operate, or maintain public facilities authorized by a development order issued by a county / municipality that approves the construction of public facilities or has issued a development order pursuant to Chapter 380, Florida Statutes - Land and Water Management.

Exceptions to the Above Provisions

The following types of special districts are exempt from the above provisions:

Additionally, the ports listed in the following statute that operate in compliance with a port master plan that has been incorporated into the appropriate local government comprehensive plan, are deemed to be in compliance with the comprehensive planning requirements of the Uniform Special District Accountability Act:

Public Facilities - Definition

Public facilities are major capital improvements. Examples include the following:

  • Transportation Facilities
  • Sanitary Sewer Facilities
  • Solid Waste Facilities
  • Water Management and Control Facilities
  • Potable Water Facilities
  • Alternative Water Systems
  • Educational Facilities
  • Parks and Recreational Facilities
  • Health Systems and Facilities
  • Spoil Disposal Sites for Maintenance Dredging in Waters of the State (except for spoil disposal by the ports of Jacksonville, Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key West, and Fernandina)

Public Facilities Reporting

Counties and municipalities must develop comprehensive plans and revise them as necessary. This process requires that they know about the public facilities owned or operated by independent special districts that have territory within their boundaries. Therefore, each independent special district must post the following three reports on its official website and provide them to each appropriate county and / or municipality in which the special district has territory:

  1. Public Facilities Initial Report
  2. Public Facilities Annual Notice of Any Changes
  3. Public Facilities Updated Report

1. Public Facilities Initial Report

Within one year after creation, certain independent special districts must submit this report to each county and/or municipality in which it is located. This report describes all of the existing public facilities the special district owns or operates, including those that the special district leases to other entities, besides counties and municipalities. The description of each public facility must include the following:

  • Its current capacity
  • The current demands placed upon the public facility
  • Its location

In addition, if the special district is proposing to construct a public facility within the next seven years, identify it and provide details.

Any special district that has not yet submitted an initial public facilities report to the appropriate county and/or municipality should do so right away so they can update their records.

Exceptions to Filing the Public Facilities Initial Report

The following special districts are not required to file a Public Facilities Initial Report:

  1. Special districts that have created a plan of reclamation pursuant to a general law or special act, including, but not limited to, a plan prepared pursuant to Chapter 298, Florida Statutes, which complies with these requirements;
  2. Community Development Districts that have adopted a water management and control plan pursuant to section 190.013, Florida Statutes, and that plan complies with the above requirements;
  3. The Reedy Creek Improvement District
  4. Deepwater ports listed in section 403.021, Florida Statutes - Legislative declaration; public policy, Paragraph (9)(b) (ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg, Pensacola, Fernandina, and Key West).  Instead, these special districts must submit to the appropriate county / municipality a comprehensive master plan pursuant to section 163.3178, Florida Statutes, Paragraph (2)(k).

2. Public Facilities Annual Notice of Any Changes

Annually, after submitting the Public Facilities Initial Report, independent special districts must submit a Public Facilities Annual Notice of Any Changes to each county and/or municipality in which it is located. This notice describes changes or updates, if any, that may need to be made to the Public Facilities Initial Report.

Exception

Any special district that has completed its public facilities construction, improvement, or development, and has submitted the Public Facilities Initial Report, does not have to submit the Public Facilities Annual Notice of Any Changes.

3. Public Facilities Updated Report

At least every seven years, according to the Evaluation and Appraisal Notification Schedule 2012 - 2018municipalities and counties must determine whether the need exists to amend their comprehensive plan to reflect changes in state requirements since the last time they updated their comprehensive plan. After they make this determination, they must notify the state land planning agency by letter of their determination. If they determine that amendments to their comprehensive plan are necessary, they must prepare and transmit the proposed amendments to the state land planning agency within one year.

As municipalities and counties determine whether the need exists to amend their comprehensive plan, they will need to know about updates to public facilities owned or operated by independent special districts that have territory within their boundaries.  Therefore, every seven years, each independent special district must submit a Public Facilities Updated Report to each county and/or municipality in which it is located.

Exception

Any special district that has completed its public facilities construction, improvement, or development, and has submitted the Public Facilities Initial Report, is not required to submit a Public Facilities Updated Report.

Public Facilities Updated Report Contents

The Public Facilities Updated Report must contain a description of the following:

  • Updates concerning anything from the Initial Public Facilities Report
  • Each public facility the special district is building, improving, or expanding
  • Each public facility the special district is proposing to build, improve, or expand within at least the next seven years
  • Any public facilities that the special district is helping another entity (except a county or municipality) build, improve, or expand through a lease or other agreement
  • How the special district proposes to finance each public facility
  • The anticipated completion time
  • The anticipated capacity of and demands on each public facility when completed. If a public facility will be improved or expanded, include existing and anticipated capacity
  • If applicable within the next ten years, the date the special district currently proposes to replace any of the public facilities identified above or in the Initial Public Facilities Report

Public Facilities Updated Report Due Dates

A special district's Public Facilities Updated Report is due to the appropriate county and/or municipality within the special district's boundaries at least 12 months before the county and/or municipality must notify the State Land Planning Agency of its determination of whether they need to amend their comprehensive plan. Their notification due date is published in the Evaluation and Appraisal Notification Schedule 2012 - 2018.

For example, if a county's notification due date is October 1, 2018, then the special district's first Public Facilities Updated Report must be submitted to that county by October 1, 2017, and then every seven years.

Use either of the following links to find out when your Public Facilities Updated Report is due to the appropriate county or municipality:

Notes:

Contact Someone Who Can Answer Questions About The Public Facilities Report

An equal opportunity employer/program.  Auxiliary aids and services are available upon request to individuals with disabilities.
All voice telephone numbers on this website may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.
You have selected a link to a website that is outside of the floridajobs.org domain. Control of the content of this website belongs to the website's owner and not to the Department of Economic Opportunity.
OK
 
Cancel