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.
(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) 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; and 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. 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. 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 this paragraph no later than October
1, 1996. 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.
(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 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 coordinating the adopted
comprehensive plan with the comprehensive plans of adjacent municipalities,
the county, adjacent counties, or the region, and with the state comprehensive
plan. This element of the local comprehensive plan must 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, and upon the state comprehensive plan. The intergovernmental
coordination element must expressly provide for:
a. A process to determine if development proposals would have
significant impacts, as determined by the local government in which the
development is located, on other local governments or state or regional
resources or facilities identified in the applicable state or regional
plan.
b. A process for mitigating extrajurisdictional impacts identified
pursuant to sub-subparagraph a. in the jurisdiction in which those impacts
occur, with an option for regional mitigation when preferable, as determined
by the local government in which the development is located.
c. A dispute resolution process as established pursuant to s.
186.509 for bringing to closure in a timely manner those disputes that pertain
to development proposals that would have impacts on adjacent local governments
or identified state or regional resources or facilities.
d. A process to allow modification of development orders issued
pursuant to s. 380.06 consistent with the local plan policies that implement
sub-subparagraphs a., b., and c., without a loss of recognized development
rights.
e. Procedures to identify and implement joint planning areas,
especially for the purpose of annexation, and joint infrastructure service
areas.
f. Recognition of campus master plans prepared pursuant to s.
240.155.
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. Each county, all the
municipalities within that county, the district school board, and service
providers in that county shall establish by interlocal or other formal
agreement executed by all affected entities, and include in their respective
plans, 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 the agreement.
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 adopt rules that establish
the minimum criteria to implement the requirements of sub-subparagraphs 1.a.,
b., c., and d., within 6 months of the effective date of this section. Such
minimum criteria must reflect the differing needs and circumstances of smaller
and rural jurisdictions.
5. The state land planning agency, in consultation with all
interested persons, shall promptly prepare model plan elements for utilization
by local governments to implement the requirements of sub-subparagraphs 1.a.,
b., c., and d.
6. The state land planning agency shall establish by rule a schedule
for phased completion and transmittal of plan amendments to implement
sub-subparagraphs 1.a., b., c., and d. from all jurisdictions so as to
accomplish their adoption and implementation by December 31, 1999. The plan
amendments are exempt from the provisions of s. 163.3187(1). A local
government that elects to exercise its option to retain the
development-of-regional-impact program pursuant to s. 380.06(27)(c) must so
notify the state land planning agency no later than the date established by
the agency for transmittal of the implementing amendments, and must thereafter
address the requirements of sub-subparagraphs 1.a., b., c., and d., in
conjunction with its evaluation and appraisal report under s.
163.3191.
(i) The optional elements of the comprehensive plan in paragraphs
(7)(a) and (b) are required elements for those units of local government
having populations greater than 50,000, 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. 120.54(4) or to drawout
proceedings under s. 120.54(17). 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, F.A.C., 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, F.A.C., 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, F.A.C., 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, F.A.C.
(c) The Legislature declares that if any portion of chapter 9J-5,
F.A.C., is found to be in conflict with chapter 163, part II, the appropriate
statutory provision shall prevail.
(d) Chapter 9J-5, F.A.C., 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, F.A.C., 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, F.A.C., 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,
F.A.C.
(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), F.A.C., 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, F.A.C., has become effective pursuant to subsection
(9). The Legislature hereby directs the department to adopt amendments as
necessary which conform chapter 9J-5, F.A.C., 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, F.A.C., at the close of the 1986 legislative
session. Therefore, the Legislature declares that changes made to chapter
9J-5, F.A.C., prior to October 1, 1986, shall not be subject to rule
challenges under s. 120.54(4), or to drawout proceedings under s. 120.54(17).
The entire chapter 9J-5, F.A.C., as amended, shall be subject to rule
challenges under s. 120.56, as nothing herein shall be construed to indicate
approval or disapproval of any portion of chapter 9J-5, F.A.C., not
specifically addressed herein. No challenge pursuant to s. 120.56 may be
filed from July 1, 1987, through April 1, 1993. Any amendments to chapter
9J-5, F.A.C., 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.
History: s. 7, ch. 75-257; s. 1, ch. 77-174; s. 1, ch. 80-154; s. 6, ch. 83-308;
s. 1, ch. 85-42; s. 6, ch. 85-55; s. 1, ch. 85-309; s. 7, ch. 86-191; s. 5,
ch. 92-129; s. 6, ch. 93-206; s. 898, ch. 95-147; s. 3, ch. 95-257; s. 4, ch.
95-322; s. 10, ch. 95-341.