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What is eliminated by the 2011 legislation?
- Rules 9J-5 and 9J-11.023, Florida Administrative Code, were repealed. However, portions of both rules are incorporated into statutes through CS/HB 7207ER. Rule 9J-11, Florida Administrative Code, was not repealed in its entirety. Rules 9J-11, 9J-33, and 9J-42, Florida Administrative Code, will be repealed by the department. The new processing guidelines are now on the web site.
- The State Comprehensive Plan is removed from the definition of "in compliance" in Section 163.3184(1)(b), Florida Statutes, and therefore is no longer a basis for the state land planning agency's compliance determination.
- Evaluation and Appraisal Report (EAR) sufficiency review and mandatory plan updates.
- Concurrency for transportation, schools, and parks and recreation facilities - optional for local governments.
- Financial feasibility for capital improvement plans - back to pre-2005 status.
- Twice per year plan amendment limitation.
- Energy efficiency / greenhouse gas reduction provisions.
- Public school element.
- Mining, industrial, hotel and motel and multi-screen movie development are not required to undergo Developments of Regional Impact review.
What is revised by the 2011 legislation?
- Sector Plan Program
- Rural Land Stewardship Area Program
- Urban service areas definition
- Allowance for additional planning periods for portions of jurisdiction
- Comprehensive plan amendment process - Expedited Review and State Coordinated Review
- Small scale amendment process (Section 1633187, Florida Statutes)
- EAR-based amendments - a notification letter submitted to the State Land Planning Agency every seven years only to incorporate new state requirements if determined by a local government to be necessary - Local governments are encouraged to update plan to reflect changes in local conditions
- Developments of Regional Impact substantial deviation criteria and essentially builtout criteria
- Additional extension of Developments of Regional Impact buildout and mitigation dates
- Transportation proportionate share requirements
- New time frame for requesting permit extensions
- New criteria for urban sprawl analysis
- Land use need
What is prohibited by the 2011 legislation?
Local referenda on plan amendments. (Section 163.3177(8), Florida Statutes)
What is the status of Rule 9J-5, Florida Administrative Code?
Rule 9J-5, Florida Administrative Code, has been repealed in its entirety. However, portions of Rule 9J-5, Florida Administrative Code, have been incorporated into Chapter 163, Part II, Florida Statutes.
What is the status of Rule 9J-11, Florida Administrative Code, with respect to the process for submission of amendment packages?
The department is in the process of repealing Rule 9J-11, Florida Administrative Code.
What is the process the department will use to process the comprehensive plan amendments?
Who is the state land planning agency?
The former Department of Community Affairs moved into the Department of Economic Opportunity (DEO). This transition is official on October 1, 2011. After this date, the Division of Community Development within DEO will be the state land planning agency.
Who are the reviewing agencies?
- The state land planning agency
- The appropriate regional planning council
- The appropriate water management district
- The Department of Environmental Protection
- The Department of State
- The Department of Transportation
- In the case of plan amendments relating to public schools, the Department of Education
- In the case of plans or plan amendments that affect a military installation listed in s. 163.3175, the commanding officer of the affected military installation
- In the case of county plans and plan amendments, the Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Affairs
- In the case of municipal plans, the county in which the municipality is located
What are the "optional elements" of a comprehensive plan mentioned in s 163.3177, Florida Statutes?
As amended, Section 163.3177, Florida Statutes, no longer sets forth any additional elements, or portions or phases thereof that a local government may include in its comprehensive plan. Although optional elements are no longer listed in the statute, examples of the elements a local government may choose to include in its comprehensive plan are an economic development element and/or a transit, port and aviation sub-elements of its transportation element.
May a local government or the regional planning council request a review and Objections, Recommendations and Comments (ORC) as it could under the old process?
No. Language which would have allowed a local government to request a review has been deleted from Section 163.3184(4)(b), Florida Statutes, based on passage of CS/HB 7207ER.
How will a new comprehensive plan or plan amendment that is currently in the process of being adopted be handled?
As of June 2, 2011, the date the bill was signed by the Governor, all plans and plan amendments will be processed under the new law.
What if the plan amendment(s) have not been transmitted yet?
As of June 2, 2011, the date the bill was signed by the Governor, all plan amendments will be processed under the new law. Local governments should use the applicable process (Expedited State Review or State Coordinated Review) as outlined on the department's website.
What if the plan amendment(s) have been transmitted, but the local government has not received an Objections, Recommendations, and Comments (ORC) report from the department?
The department will attempt to meet the new review guidelines and issue either an ORC report for amendments that qualify for the State Coordinated Review Process or a comment letter for amendments that qualify for the Expedited State Review Process.
What if the ORC Report has been received by the local government, but the amendments have not been adopted?
Local governments are required to adopt amendments within 180 days of receiving the ORC report from the department.
If an ORC report was received, does the local government need to prepare an ORC response?
Yes. ORC responses are still applicable for those amendments which qualify for the State Coordinated Review Process as identified in s. 163.3184(4), Florida Statutes. If amendment qualifies for the Expedited State Review Process as identified in Section 163.3184(3), Florida Statutes, an ORC response is not required; however, the department recommends the local government indicate how it has responded to the comments.
How many times per year may a comprehensive plan be amended?
You may amend your comprehensive plan as many times as necessary during the year. There is no limit to submissions. However, a local government must now adopt proposed amendments within 180 days of receiving comments from reviewing agencies.