HomeMy WebLinkAboutBack-Up from Law Dept• ARTICLE IX. - FINANCIAL POLICIES
• DIVISION 1. - ANTI -DEFICIENCY ACT181
Footnotes:
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Note— See the editor's note to Ch. 2, Art. X11.
• Sec. 18-500. - Established.
Regulations, to be known as the Anti -Deficiency Act, are hereby established to provide
mandatory procedures to be used by department directors, the city manager, city attorney, city
clerk, mayor, commissioners, and executive directors of agencies, authorities, trusts, boards, or
commissions funded in whole or in part by the city, with authority to direct obligation or
disbursement of city funds. However, the herein regulations shall not apply to the three City of
Miami Retirement Trusts which are the City of Miami Firefighters' and Police Officers' Retirement
Trust, the City of Miami General Employees' and Sanitation Employees' Retirement Trust, and the
City of Miami Elected Officers' Retirement Trust.
(Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01)
• Sec. 18-501. - Definitions.
As used in this article:
Agency or agencies shall mean, including, but not limited to, any agency(s), authority(s),
trust(s), board(s), or commission(s) funded in whole or in part by the city, except the City of Miami
Firefighters' and Police Officers' Retirement Trust, the City of Miami General Employees' and
Sanitation Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement Trust.
Authority to direct obligation or disbursement shall mean any permission, approval, consent,
or signature from a department director or executive director of an agency, authority, trust, board,
or commission funded in whole or in part by the city, except for the City of Miami Firefighters' and
Police Officers' Retirement Trust, the City of Miami General Employees' and Sanitation
Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement Trust (the
"Retirement Trusts"), or a single individual, specifically designated in writing by a department
director or executive director of an agency, authority, trust, board, or commission funded in whole
or in part by the city, except for the Retirement Trusts, and acknowledged and accepted in writing
by the designee, and kept on file within the department, agency, authority, trust, board, or
commission funded in whole or in part by the city, except for the Retirement Trusts, regardless of
form, which permits or authorizes expenditure of funds, excluding documents or forms which
process such authority.
Department directors shall mean directors of all departments of the city including heads of
offices and shall include persons responsible for individual budgets as set forth in the annual
appropriations ordinance. Notwithstanding any delegation of authority for the act of budget
oversight, heads of departments or offices shall not be relieved of responsibility related to this act
Executive director shall mean the executive directors of all agencies, authorities, trusts,
boards, or commissions, including heads of offices, funded in whole or in part by the city, and shall
include persons responsible for the individual annual budgets for each agency, authority, trust,
board or commission approved by the city commission, except for the City of Miami Firefighters'
and Police Officers' Retirement Trust, the City of Miami General Employees' and Sanitation
Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement Trust.
Notwithstanding any delegation of authority for the act of budget oversight, the executive director
shall not be relieved of responsibility related to this Act.
Obligational authority shall mean any document, ordinance, resolution or paper, regardless of
form, which grants permission for an expenditure.
(Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01)
• Sec. 18-502. - Procedures and implementation.
The procedures set forth herein apply where a continuing ordinance or resolution of the city
commission which specifically directs an expenditure of funds, and identifies a source of funds to
increase the obligation/expenditure authority has not been enacted, extended, or renewed by the
city commission to provide temporary obligational authority. Notwithstanding the adoption of an
ordinance or resolution by the city commission expending funds, any ordinance or resolution which
exceeds an approved departmental or agency budget may be considered voidable and shall be
placed on the next regular city commission agenda by the city manager or executive director for
budget approval and adjustments as deemed appropriate. Nor may any individual in authority
instruct an employee of the city to exceed, without legal authority, the annual budget appropriation
for any department or agency. This following Anti -deficiency Act is hereby enacted and regulations
set forth as follows:
(1) This section applies to all obligations chargeable to annual appropriations, and
prior year billing, or multiple -year appropriations which have expired, and for which the
obligational authority has not been extended. This section shall additionally apply to the city
manager, department directors, and executive directors with authority to approve overtime
budgets.
(2) The city manager, assistant city managers, department directors, and executive
directors with authority to direct obligation or disbursement of city funds may not enter into
contracts or any other agreements for the future payment of money in excess of those funds
approved in the current year budget by ordinance or resolution. However, the terms and
conditions set forth in the document related to debt issuance and long-term capital
improvement projects and other approved multi -year agreements shall be controlling.
(3) Any obligation incurred in excess of an annual departmental or agency
appropriation represents a violation of the Anti -Deficiency Act. No such obligation shall be
incurred unless the city commission or city manager through emergency powers, has
enacted legislation or exercised authority extending a department's or agency's obligational
authority of a department or agency. However, should an emergency, defined under state
law as any occurrence, or threat thereof, whether natural, technological, or manmade, in
war or in peace, which results or may result in substantial injury or harm to the population or
substantial damage to or loss of property, occur and temporary obligation authority is
authorized, said obligations and authority shall require an ordinance or resolution for the
ratification, approval and confirmation of said action together with such other necessary
actions to ensure a balanced year-end budget by an affirmative majority vote of the
members of the city commission at the next immediate regularly scheduled meeting of the
city commission or special meeting called for that purpose.
(4) The prohibitions contained herein are applicable to the city manager, department
directors, or executive directors with the authority to verify and/or approve the availability of
funds, disburse or obligate funds for the city. The provisions contained herein apply to the
offices of the mayor, city clerk, city attorney, city commission, the city manager, all
departments and agencies budgets which incorporate overtime budgets and prior year
billings, and funds, including but not limited to non -departmental accounts and the capital
improvements program.
(5) The city manager shall promulgate policies which instruct department directors
with authority to direct obligation or disbursement of city funds to assure compliance with
this act.
(6) The city commission shall promulgate policies which instruct executive directors
with authority to direct obligation or disbursement of city funds to assure compliance with
this act.
(7) The official or employee verifying the availability of funds, and/or approving
budget authority and/or certifying a voucher, purchase order or any other paper indicating
availability of funds is responsible for ensuring that the expenditure will not exceed the
department's or agency's current year budget appropriations for that line item.
(8) Any employee of the city who has knowledge or a reasonably based belief that a
budget of the city may be in violation of this act shall have the right to be heard under the
provisions for a monthly status of the city budget set forth below. Any such person shall not
be penalized in any manner for actions taken to report violation of this act.
(9) A department director or executive director with obligation or disbursement
authority shall be in violation of this act if he/she willfully withholds invoices, payments,
settlement, or any other instrument of city debt which were incurred and due in the current
fiscal year in an effort to avoid exceeding the approved current year budget.
(10) The city manager shall have the authority to adjust line items in an amount not to
exceed ten percent of a department's budget so long as the total annual projected
expenditures of a department do not exceed the department's current budget, and said
adjustment is verified by the department of management and budget. Additionally, all
proposed budget adjustments between departments, including capital improvements
projects shall require approval by city commission ordinance or resolution. During the fourth
quarter of the fiscal year, any changes or deviations in excess of $5,000.00 per transaction
from the current approved budget for those departments under the authority of the city
manager shall require city manager approval, with the advice and written concurrence of the
member of the city commission designated as the presiding officer, a copy of which shall be
provided to the city clerk.
(11) The executive director shall have the authority to adjust line items in an amount
not to exceed ten percent of an agency's budget so long as the total annual projected
expenditures of the agency does not exceed the agency's current budget, and said
adjustment is verified in a manner using acceptable accounting principles. During the fourth
quarter of the fiscal year, any changes or deviations in excess of $5,000.00 per transaction
from the current approved budget for those agencies shall require written concurrence of the
member of the city commission designated as the presiding officer, a copy of which shall be
provided to the city clerk.
(12) Notification of possible deficiency. Any department director, executive director or
individual with authority to verify the availability of funds, or direct obligation or disbursement
of city funds who anticipates or has reason to believe that the annual budget of a
department or agency may exceed the sum appropriated in the approved budget ordinance
or resolution (a "deficiency") shall immediately provide written notification to the mayor, the
city commission, city manager, city attorney, city clerk, and the director of the department of
management and budget. Said notification shall include the cause of the deficiency, the
amount of the deficiency and the recommended remedial action to cure the deficiency.
(13) The city manager shall present monthly, except during the month of September, a
written report on the status of the city budget at a city commission meeting. The executive
directors of all agencies shall each present quarterly, except during the month of
September, a written report on the status of the individual agency's budget at a city
commission meeting. At a minimum, this report should generally include, but not be limited
to, the following information in a form acceptable to the city commission: fund summary,
revenues by category and expenditures by major object, revenues by category and
expenditure by department, or revenues by minor object-recurring/non-recurring,
expenditures by minor object-recurring/non-recurring, revenues by minor object -recurring,
revenues by minor object -non -recurring, expenditures by minor object -recurring,
expenditures by minor object -non -recurring, bank reconciliation memo, cash positions for all
funds, investments outstanding as of the preceding month, cash received year to date, cash
received for the current month or preceding month, human resource personnel reports,
including computation which details sworn or unsworn personnel. The city external auditor
shall present the comprehensive annual financial report or status thereof no later than the
end of the second quarter of each fiscal year. The external auditors engaged by the
individual agencies shall each present the agencies' comprehensive annual financial reports
or status thereof no later than the end of the second quarter of each fiscal year.
(Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01)
• Sec. 18-503. - Violations of act; penalties.
(1) A duly adopted ordinance or resolution shall provide obligational authority and if
enacted will not constitute a violation of this act.
(2) No provision contained in this section shall be construed to violate fair labor laws
or any provision of the current, approved union contracts, or any other legally binding
issues which have been the subject of collective bargaining.
(3) Effective January 1, 2000, the violation of any provisions of this act shall
constitute a civil offense and be punishable by civil penalty in an amount not to exceed
$500.00, in a court of competent jurisdiction. Without regard to culpability, violation of this
law may serve as one element of a basis for employment termination.
(Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00)
• Secs. 18-504-18-540. - Reserved.
• DIVISION 2. - FINANCIAL INTEGRITY PRINCIPLES
• Sec. 18-541. - Established; implementation; review; reports.
(a) Financial integrity principles and policies to assure and maintain financial integrity in the
city are hereby established and shall be implemented immediately upon adoption of this division.
(b) The financial integrity principles as set forth herein shall be reviewed and updated as
necessary, at least every three years. The city's independent auditor general shall be responsible
for preparation of a written report to be transmitted to the mayor and the members of the city
commission by July 1 of each year as to compliance with the principles and policies set forth in
this division. The report shall include recommendations for additional policies or actions, to be
considered for action after reviewing the latest annual audit comprehensive annual financial
report (CAFR), single audit report, and management letter comments.
(Ord. No. 11890, § 4, 2-10-00; Ord. No. 12276, § 2, 9-11-02; Ord. No. 12727, § 2, 9-22-05; Ord.
No. 13767, § 2, 5-10-18; Ord. No. 13899, § 4, 4-9-20)
• Sec. 18-542. - Financial integrity principles.
The following financial integrity principles are hereby adopted:
(1) Structurally balanced budget. The city shall maintain a structurally -balanced
budget. Recurring revenues will fund recurring expenditures.
(2) Revenue estimating conference process. The city shall adopt budgets and
develop its long and short-term financial plans utilizing a professional revenue estimating
conference process. Conference principals shall include, but not be limited to one principal
from the budget office; one principal from the finance department; and two non -staff
principals with public finance expertise.
(3) Interfund borrowing. The city shall not borrow or use internal fund transfers to
obtain cash from one fund type or reserve to fund activities of another fund type or reserve
unless such use is deemed lawful, and unless the revenue estimating conference has
determined that (a) the funds to be loaned will not be needed during the lending period, and
(b) the funds for repayment will be available within a two-year period. Any actions taken to
borrow funds under these conditions must be separately presented to and approved by the
city commission and the term of such borrowing shall not extend beyond the last day of the
subsequent fiscal year.
Recognizing that some programs are funded by grants or other entities on a
reimbursement basis, the city shall apply for such reimbursements on a timely basis to
minimize the period that city funds are used as float. In the event loans/float for these
reimbursements extend beyond the end of a fiscal year, such reimbursements shall be
reflected as receivables in the comprehensive annual financial report (CAFR) to the extent
allowed under accounting principles generally accepted in the United States of America
(GAAP). The department of finance shall make a quarterly determination of the amount of
expenses incurred which may not be reimbursable under these programs. A quarterly
report of expenses incurred but not reimbursable shall be presented to the city
commission, together with the actions needed to avoid project deficits.
(4) For purposes of this section: "city-wide surplus for any fiscal year" is defined as
the increase in unreserved general fund balance as reflected in the city's CAFR; "city-wide
deficit for any fiscal year" is defined as the decrease in unreserved general fund balance as
reflected in the city's CAFR; and "budget surplus of any office, department or elected
official" is defined as the excess of budgeted expenses over actual expenses in any fiscal
year.
Notwithstanding anything to the contrary in this section, the total amount of budget surplus
to be added to designated reserves and special revenue funds pursuant to this section
(together, the "rollover amounts") is limited to city-wide surplus for any fiscal year. In the
event the rollover amounts would result in a city-wide deficit, then each budget surplus
within the rollover amounts shall be reduced proportionately so the city's CAFR) will reflect
no change in undesignated, unreserved general fund balance. In the event that a city-wide
deficit would result before effecting the rollover amounts in any fiscal year, then no rollover
amounts shall be available.
a. Budget surpluses in an elected official's budget in any fiscal year shall be
reflected as designated reserves at the end of the fiscal year in which such
surplus arose and be appropriated for discretionary use of such elected official for
the following fiscal year.
b. Budget surpluses of the parks and recreation department shall be
allocated, as of the end of the fiscal year in which such surplus arose, to a parks
and recreation department special revenue fund. Allowed expenditures from the
parks and recreation department special revenue fund shall be limited to the
purchase of parks recreational and maintenance equipment, capital improvements
for the city's parks, and the direct operations of recreational programs in and for
the city's parks, subject to appropriation by the city commission.
C. Budgeted surpluses of the department of real estate and asset
management shall be allocated, as of the end of the fiscal year in which such
surplus arose, to a public facilities special revenue fund. Allowed expenditures of
the public facilities special revenue fund shall be limited to capital improvements
for the city's public facilities, subject to appropriation by the city commission.
d. Budgeted surpluses of the department of innovation and technology shall
be allocated, as of the end of the fiscal year in which such surplus arose, to an IT
strategic plan special revenue fund. Allowed expenditures of the IT strategic plan
special revenue fund shall be limited to expenditures, excluding those related to
permanent city staff, necessary for the implementation of the city's information
technology strategic plan, subject to appropriation by the city commission.
Department names may change from time to time. This section shall be
applicable to those departments regardless of its designation in a given
fiscal year.
(5) Reserve policies. The following three reserve policies categories are established
for the general operating fund of the city:
a. Current fiscal year contingency. A "contingency" reserve level of
$5,000,000.00 shall be budgeted annually. Such contingency reserve shall be
available for use, with city commission approval, during the fiscal year, to fund
unanticipated budget issues which arise or potential expenditure overruns which
cannot be offset through other sources or actions. The unused portion of the
budgeted contingency reserve in any fiscal year shall be reflected as unassigned
fund balance reserves until such time as the city has funded 50 percent of the
liabilities of the long-term liabilities (excluding bonds, loans, and capital lease
payables) as reflected in the city's CAFR). Amounts not needed to satisfy the 50
percent requirement shall be considered general fund unassigned fund balance
reserve and be treated in accordance with subsection (5)b below.
b. General fund unassigned fund balance reserves. The city shall retain
unassigned fund balance reserves equal to a threshold ten percent of the prior
three years' average of general revenues (excluding transfers). Amounts
designated as "contingency" reserve in subsection 5a. above shall be included in
the calculation of meeting the ten percent of the prior three years average of
general revenues for the unassigned fund balance category. Such reserves may
only be used for offsetting an unexpected mid -year revenue shortfall or for funding
an emergency such as a natural or man-made disaster, which threatens the
health, safety and welfare of the city's residents, businesses or visitors. Any time
these reserve funds fall below the ten percent threshold, the city commission shall
adopt a plan to achieve the threshold within two fiscal years and the city manager
shall present an oral report at the second commission meeting of every month,
except during the month of September, regarding: i) the status of the current fiscal
year budget, and ii) the proposed budget for the subsequent fiscal year. Such oral
report shall appear on the city commission agenda as a discussion item under the
agenda category titled "Budget." Amounts in excess of the ten percent threshold
may be used for capital improvements, unanticipated expenditures necessary to
assure compliance with legal commitments, and for expenditures that will result in
the reduction of recurring costs or the increase in recurring revenues of the city.
C. General fund designated fund balance reserves. The city shall retain
designated fund balance reserves equal to ten percent of the prior three years
average of general revenues (excluding transfers). The designated fund balance
reserves shall be classified as either restricted, committed, or assigned and such
designation shall be based on standards and guidance established, and amended
from time to time, by the Governmental Accounting Standards Board (GASB).
Such reserves shall be used for funding long-term liabilities and commitments of
the city such as:
1. Compensated absences and other employee benefit liabilities,
including liabilities related to post -retirement benefits;
2. Self-insurance plan deficits (including workers compensation,
liability claims and health insurance);
3. Anticipated adjustments in pension plan payments resulting from
market losses in plan assets and other unanticipated payments necessary
to maintain compliance with contractual obligations.
Payment for compensated absences and other employee benefit liabilities
and self-insurance plan deficits may be drawn from this reserve during the
fiscal year and shall be replenished each year until 50 percent of such the
liabilities are funded. Other designated reserves may be drawn upon
without the need for replenishment.
(6) Proprietary funds. The city shall establish proprietary funds only if the costs to
provide the service are fully funded from the charges for the service.
(7) Multi -year financial plan. The city commission shall annually adopt a five-year
financial plan by September 30 of each year, reflecting as the base year, the current
year's budget. For fiscal year 2004 the multi -year financial plan will be adopted no later
than 30 days after the completion of labor negotiations. Such plan will include cost
estimates of all current city operations and pension obligations, anticipated increases in
operations, debt service payments, reserves to maintain the city's officially adopted levels
of reserves and estimated recurring and non -recurring revenues. This plan will be
prepared by fund and reflect forecasted surpluses or deficits and potential budget
balancing initiatives, where appropriate.
(8) Multi -year capital improvements plan.
a. Annual review and adoption. The city commission shall annually adopt a
capital improvements plan ("CIP") simultaneously with the adoption of the city's
final budget pursuant to F.S. § 200.065. The CIP shall address cost estimates for
all necessary infrastructure improvements needed to support city services,
including information technology, with an adequate repair and replacement
("R&R") component. Funded, partially funded and unfunded projects shall be
clearly delineated. The CIP shall be detailed for the current fiscal year and for five
additional years and, if practicable, additional required improvements aggregated
for two additional five-year periods. To the extent feasible, department heads shall
be required to submit independent needs assessments for their departments for
use in preparing the CIP. The CIP will include and identify revenue sources and
unfunded projects. The CIP shall include estimates of the operational (including
maintenance) impacts produced for the operation of the capital improvements
upon their completion. The CIP shall include a component reflecting all on -going
approved capital projects of the city, amount budgeted, amount spent since the
start date, remaining budget, and estimated completion date. Approved projects
shall be reviewed and addressed in the CIP annually. Beginning in fiscal year
2019-2020, all future capital project funding amounts shall be budgeted and
reflected in the CIP in $1,000.00 increments.
b. Delegation of authority to city manager regarding completed projects and
cancelled projects; quarterly reporting. The city commission hereby delegates to
the city manager the authority, on a quarterly basis, to sweep funds from the
project accounts of all completed projects and all cancelled projects with
remaining fund balances of less than $100,000.00 in unexpended funds into the
citywide non -departmental capital outlay reserve accounts. The city manager shall
endeavor to move such funds into active, capital projects with current shortfalls
within the same commission district from which the funds had previously been
budgeted. The city manager and the budget director shall provide written quarterly
reports for the previous quarter just ended to the city commission of all such
amounts of unexpended funds from the project accounts of all completed projects
and all cancelled projects that have been swept from such project accounts into
the citywide non -departmental capital outlay reserve accounts.
(9) Debt management. The city shall manage its debt in a manner consistent with the
following principles:
a. Capital projects financed through the issuance of bonded debt shall be
financed for a period not to exceed the estimated useful life of the project.
b. The net direct general obligation debt shall not exceed five percent and
the net direct and overlapping general obligation debt shall not exceed ten
percent of the taxable assessed valuation of property in the city.
C. The weighted average general obligation bond maturity shall be
maintained at 15 years or less.
d. Special obligation debt service shall not exceed 20 percent of non -ad
valorem general fund revenue.
e. Revenue based debt shall only be issued if the revenue so pledged will
fully fund the debt service after operational costs plus a margin based on the
volatility of the revenues pledged.
(10) Financial oversight and reporting. The city shall provide for the on -going
generation and utilization of financial reports on all funds comparing budgeted revenue
and expenditure information to actual on a monthly and year-to-date basis. The finance
department shall be responsible for issuing the monthly reports to departments, the
mayor, and city commission, and any information regarding any potentially adverse
trends or conditions. These reports should be issued within 30 days after the close of
each month.
The independent external auditor shall prepare the city's CAFR by March
31st of each year. The single audit and management letter of the city shall
be prepared by the independent external auditor by April 30th of each
year. The independent external auditor shall present the findings and
recommendations of the audit, single audit, and management letter, to the
mayor and city commission at a scheduled commission meeting prior to
July 30th of each year.
Financial reports, offering statements, and other financial related
documents issued to the public, shall provide full and complete disclosure
of all material financial matters.
(11) Basic financial policies. The city shall endeavor to maintain formal policies, which
reflect "best practices" in the areas of:
a. Debt. Such policy shall address affordability, capacity, debt issuance, and
management.
b. Cash management and investments. Such policy shall require 24-month
gross and net cash -flow projections by fund and address adequacy, risk, liquidity,
and asset allocation issues.
C. Budget development and adjustments. Such policy shall establish proper
budgetary preparation procedures and guidelines, calendar of events, planning
models by fund, budget adjustment procedures, establishment of rates and fees,
indirect costs/interest income and the estimating conference process. The
proposed budget should be scheduled to allow sufficient review by the mayor and
city commission while allowing for sufficient citizen input.
The city budget document reflecting all final actions as adopted by
the city commission on or before September 30th of each year, shall
be printed and made available within 60 days of such adoption.
d. Revenue collection. Such policy shall provide for maximum collection and
enforcement of existing revenues, monitoring procedures, the adequacy level of
subsidy for user fees, and write-offs of uncollectible accounts.
e. Purchasing policy. Such policy shall establish departmental policies and
procedures and provide appropriate checks and balances to ensure that city
departments adhere to the city's purchasing policies.
(12) Evaluation committees.
a. Solicitations.
(i) The city commission, as the governing body of the city, shall
establish an independent external auditor selection committee in
accordance with the requirements of, to undertake, and to follow the
processes and procedures required by F.S. § 218.391(1)—(3), as
amended, for solicitations through requests for proposals, evaluations,
rankings, and recommendations to the city commission for the city's
independent external auditors to conduct the City's annual financial audit
required by F.S. § 218.39, as amended. On each occasion that there is a
competitive solicitation for selection of an independent external auditor
pursuant to this section, the city commission will appoint one of its
members, on a rotating basis, to serve as the chair of the
selection/evaluation committee. The city commission shall then follow the
requirements of F.S. § 218.391(4)—(6) and (9), as amended, for the
selection of and contract negotiations and minimum contract terms,
conditions, and provisions for any final contract executed pursuant to F.S.
§ 218.391(7) and (8), as amended, with any independent external auditor
selected to conduct the city's annual financial audit required in F.S. §
218.39, as amended.
(ii) For all other solicitations, an evaluation committee, consisting of a
majority of citizen and/or business appointees from outside city
employment, shall be created, to the extent feasible, to review city
solicitations ("requests for proposals," "requests for qualifications," etc.).
The recommendation(s) of the evaluation committee shall be provided to
the mayor and city commission on all such solicitations prior to
presentation to the city commission for official action.
b. Collective bargaining agreements. The city finance committee, established
pursuant to city commission resolutions 98-631 and 98-767, and the budget
director shall review and provide recommendations to the city manager regarding
all memorandums of understanding (M.O.U.$) entered into between the city and
any collective bargaining unit that amend, alter, or modify any existing collective
bargaining agreement and that may have a fiscal impact of $500,000.00 or more,
and all collective bargaining agreements. The finance committee shall provide its
recommendations regarding such M.O.U.s and collective bargaining agreements
to the city manager not less than 14 days prior to consideration by the city
commission of any said M.O.U. or collective bargaining agreement for ratification.
In the event that the finance committee is unable to meet within the timeframes
provided herein, then the city manager shall proceed to the city commission for
ratification.
(13) Full cost of service. The city shall define its core services and develop financial systems
that will determine on an annual basis the full cost of delivering those services. This information
shall be presented as part of the annual budget and financial plan.
(Ord. No. 11890, § 4, 2-10-00; Ord. No. 12113, § 1, 9-25-01; Ord. No. 12276, § 2, 9-11-02; Ord.
No. 12353, § 2, 4-10-03; Ord. No. 12427, § 2, 10-23-03; Ord. No. 12518, § 2, 3-25-04; Ord. No.
12727, § 2, 9-22-05; Ord. No. 13107, § 2, 10-8-09; Ord. No. 13212, § 2, 10-14-10; Ord. No. 13303,
§ 2, 1-12-12; Ord. No. 13767, § 2, 5-10-18; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13852, § 2, 7-
11-19; Ord. No. 13899, § 4, 4-9-20)
• Secs. 18-543-18-555. - Reserved.
The 2019 Florida Statutes
Title XI Chapter 163 View Entire
COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter
INTERGOVERNMENTAL RELATIONS PROGRAMS
163.3161 Short title; intent and purpose.—
(1) This part shall be known and maybe cited as the "Community Planning Act."
(2) It is the purpose of this act to utilize and strengthen the existing role, processes, and
powers of local governments in the establishment and implementation of comprehensive planning
programs to guide and manage future development consistent with the proper role of local
government.
(3) It is the intent of this act to focus the state role in managing growth under this act to
protecting the functions of important state resources and facilities.
(4) It is the intent of this act that local governments have the ability to preserve and enhance
present advantages; encourage the most appropriate use of land, water, and resources, consistent
with the public interest; overcome present handicaps; and deal effectively with future problems
that may result from the use and development of land within their jurisdictions. Through the
process of comprehensive planning, it is intended that units of local government can preserve,
promote, protect, and improve the public health, safety, comfort, good order, appearance,
convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate
and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities,
housing, and other requirements and services; and conserve, develop, utilize, and protect natural
resources within their jurisdictions.
(5) It is the intent of this act to encourage and ensure cooperation between and among
municipalities and counties and to encourage and ensure coordination of planning and development
activities of units of local government with the planning activities of regional agencies and state
government in accord with applicable provisions of law.
(6) It is the intent of this act that adopted comprehensive plans shall have the legal status set
out in this act and that no public or private development shall be permitted except in conformity
with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity
with this act.
(7) It is the intent of this act that the activities of units of local government in the preparation
and adoption of comprehensive plans, or elements or portions therefor, shall be conducted in
conformity with this act.
(8) The provisions of this act in their interpretation and application are declared to be the
minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this
act; to protect human, environmental, social, and economic resources; and to maintain, through
orderly growth and development, the character and stability of present and future land use and
development in this state.
(9) It is the intent of the Legislature that the repeal of ss. 163.160 through 163.315 by s. 19 of
chapter 85-55, Laws of Florida, and amendments to this part by this chapter law, not be
interpreted to limit or restrict the powers of municipal or county officials, but be interpreted as a
recognition of their broad statutory and constitutional powers to plan for and regulate the use of
land. It is, further, the intent of the Legislature to reconfirm that ss. 163.3161-163.3248 have
provided and do provide the necessary statutory direction and basis for municipal and county
officials to carry out their comprehensive planning and land development regulation powers,
duties, and responsibilities.
(10) It is the intent of the Legislature that all governmental entities in this state recognize and
respect judicially acknowledged or constitutionally protected private property rights. It is the
intent of the Legislature that all rules, ordinances, regulations, comprehensive plans and
amendments thereto, and programs adopted under the authority of this act must be developed,
promulgated, implemented, and applied with sensitivity for private property rights and not be
unduly restrictive, and property owners must be free from actions by others which would harm
their property or which would constitute an inordinate burden on property rights as those terms are
defined in s. 70.001(3)(e) and (f). Full and just compensation or other appropriate relief must be
provided to any property owner for a governmental action that is determined to be an invalid
exercise of the police power which constitutes a taking, as provided by law. Any such relief must
ultimately be determined in a judicial action.
(11) It is the intent of this part that the traditional economic base of this state, agriculture,
tourism, and military presence, be recognized and protected. Further, it is the intent of this part
to encourage economic diversification, workforce development, and community planning.
(12) It is the intent of this part that new statutory requirements created by the Legislature will
not require a local government whose plan has been found to be in compliance with this part to
adopt amendments implementing the new statutory requirements until the evaluation and
appraisal period provided in s. 163.3191, unless otherwise specified in law. However, any new
amendments must comply with the requirements of this part.
History.—ss. 1, 2, ch. 75-257; ss. 1, 20, ch. 85-55; s. 1, ch. 93-206; s. 4, ch. 2011-139.
Title XI Chapter 163 View Entire
COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter
INTERGOVERNMENTAL RELATIONS PROGRAMS
163.3177 Required and optional elements of comprehensive plan; studies and surveys.—
(1) The comprehensive plan shall provide the principles, guidelines, standards, and strategies
for the orderly and balanced future economic, social, physical, environmental, and fiscal
development of the area that reflects community commitments to implement the plan and its
elements. These principles and strategies shall guide future decisions in a consistent manner and
shall contain programs and activities to ensure comprehensive plans are implemented. The sections
of the comprehensive plan containing the principles and strategies, generally provided as goals,
objectives, and policies, shall describe how the local government's programs, activities, and land
development regulations will be initiated, modified, or continued to implement the comprehensive
plan in a consistent manner. It is not the intent of this part to require the inclusion of
implementing regulations in the comprehensive plan but rather to require identification of those
programs, activities, and land development regulations that will be part of the strategy for
implementing the comprehensive plan and the principles that describe how the programs,
activities, and land development regulations will be carried out. The plan shall establish
meaningful and predictable standards for the use and development of land and provide meaningful
guidelines for the content of more detailed land development and use regulations.
(a) The comprehensive plan shall consist of elements as described in this section, and may
include optional elements.
(b) A local government may include, as part of its adopted plan, documents adopted by
reference but not incorporated verbatim into the plan. The adoption by reference must identify
the title and author of the document and indicate clearly what provisions and edition of the
document is being adopted.
(c) The format of these principles and guidelines is at the discretion of the local government,
but typically is expressed in goals, objectives, policies, and strategies.
(d) The comprehensive plan shall identify procedures for monitoring, evaluating, and
appraising implementation of the plan.
(e) When a federal, state, or regional agency has implemented a regulatory program, a local
government is not required to duplicate or exceed that regulatory program in its local
comprehensive plan.
(f) All mandatory and optional elements of the comprehensive plan and plan amendments shall
be based upon relevant and appropriate data and an analysis by the local government that may
include, but not be limited to, surveys, studies, community goals and vision, and other data
available at the time of adoption of the comprehensive plan or plan amendment. To be based on
data means to react to it in an appropriate way and to the extent necessary indicated by the data
available on that particular subject at the time of adoption of the plan or plan amendment at
issue.
1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be
deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies,
surveys, data, and supporting documents for proposed plans and plan amendments shall be made
available for public inspection, and copies of such plans shall be made available to the public upon
payment of reasonable charges for reproduction. Support data or summaries are not subject to the
compliance review process, but the comprehensive plan must be clearly based on appropriate data.
Support data or summaries may be used to aid in the determination of compliance and consistency.
2. Data must be taken from professionally accepted sources. The application of a methodology
utilized in data collection or whether a particular methodology is professionally accepted may be
evaluated. However, the evaluation may not include whether one accepted methodology is better
than another. Original data collection by local governments is not required. However, local
governments may use original data so long as methodologies are professionally accepted.
3. The comprehensive plan shall be based upon permanent and seasonal population estimates
and projections, which shall either be those published by the Office of Economic and Demographic
Research or generated by the local government based upon a professionally acceptable
methodology. The plan must be based on at least the minimum amount of land required to
accommodate the medium projections as published by the Office of Economic and Demographic
Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including
related rules of the Administration Commission. Absent physical limitations on population growth,
population projections for each municipality, and the unincorporated area within a county must, at
a minimum, be reflective of each area's proportional share of the total county population and the
total county population growth.
(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. Where data is relevant to several elements, consistent data shall be used, including
population estimates and projections unless alternative data can be justified for a plan amendment
through new supporting data and analysis. Each map depicting future conditions must reflect the
principles, guidelines, and standards within all elements, and each such map must be contained
within the comprehensive plan.
(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 use of
such facilities and set forth:
1. A component that outlines principles for construction, extension, or increase in capacity of
public facilities, as well as a component that 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
to meet established acceptable levels of service.
4. A schedule of capital improvements which includes any publicly funded projects of federal,
state, or local government, and which may include privately funded projects for which the local
government has no fiscal responsibility. Projects necessary to ensure that any adopted level -of -
service standards are achieved and maintained for the 5-year period must be identified as either
funded or unfunded and given a level of priority for funding.
5. The schedule must include transportation improvements included in the applicable
metropolitan planning organization's transportation improvement program adopted pursuant to
s. 339.175(8) to the extent that such improvements are relied upon to ensure concurrency and
financial feasibility. The schedule must be coordinated with the applicable metropolitan planning
organization's long-range transportation plan adopted pursuant to s. 339.175(7).
(b) The capital improvements element must be reviewed by the local government on an annual
basis. Modifications to update the 5-year capital improvement schedule may be accomplished by
ordinance and may not be deemed to be amendments to the local comprehensive plan.
(4)(a) Coordination of the local comprehensive plan with the comprehensive plans of adjacent
municipalities, the county, adjacent counties, or the region; with the appropriate water
management district's regional water supply plans approved pursuant to s. 373.709; and with
adopted rules pertaining to designated areas of critical state concern 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, 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. Additional planning periods for specific components, elements, land use
amendments, or projects shall be permissible and accepted as part of the planning process.
(b) The comprehensive plan and its elements shall contain guidelines or policies 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 facilities, and other categories of the public and
private uses of land. The approximate acreage and the general range of density or intensity of use
shall be provided for the gross land area included in each existing land use category. The element
shall establish the long-term end toward which land use programs and activities are ultimately
directed.
1. Each future land use category must be defined in terms of uses included, and must 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.
2. The future land use plan and plan amendments shall be based upon surveys, studies, and
data regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. 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.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will
strengthen and diversify the community's economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
3. The future land use plan element shall include criteria to be used to:
a. Achieve the compatibility of lands adjacent or closely proximate to military installations,
considering factors identified in s. 163.3175(5).
b. Achieve the compatibility of lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
c. Encourage preservation of recreational and commercial working waterfronts for water -
dependent uses in coastal communities.
d. Encourage the location of schools proximate to urban residential areas to the extent
possible.
e. Coordinate future land uses with the topography and soil conditions, and the availability of
facilities and services.
f. Ensure the protection of natural and historic resources.
g. Provide for the compatibility of adjacent land uses.
h. Provide guidelines for the implementation of mixed -use development including the types of
uses allowed, the percentage distribution among the mix of uses, or other standards, and the
density and intensity of each use.
4. The amount of land designated for future planned uses shall provide a balance of uses that
foster vibrant, viable communities and economic development opportunities and address outdated
development patterns, such as antiquated subdivisions. The amount of land designated for future
land uses should allow the operation of real estate markets to provide adequate choices for
permanent and seasonal residents and business and may not be limited solely by the projected
population. The element shall accommodate at least the minimum amount of land required to
accommodate the medium projections as published by the Office of Economic and Demographic
Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including
related rules of the Administration Commission.
5. The future land use plan of a county may designate areas for possible future municipal
incorporation.
6. The land use maps or map series shall generally identify and depict historic district
boundaries and shall designate historically significant properties meriting protection.
7. 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.
8. Future land use map amendments shall be based upon the following analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the
character of the undeveloped land, soils, topography, natural resources, and historic resources on
site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of
this section.
9. The future land use element and any amendment to the future land use element shall
discourage the proliferation of urban sprawl.
a. The primary indicators that a plan or plan amendment does not discourage the proliferation
of urban sprawl are listed below. The evaluation of the presence of these indicators shall consist of
an analysis of the plan or plan amendment within the context of features and characteristics
unique to each locality in order to determine whether the plan or plan amendment:
(1) Promotes, allows, or designates for development substantial areas of the jurisdiction to
develop as low -intensity, low -density, or single -use development or uses.
(11) Promotes, allows, or designates significant amounts of urban development to occur in rural
areas at substantial distances from existing urban areas while not using undeveloped lands that are
available and suitable for development.
(111) Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon
patterns generally emanating from existing urban developments.
(IV) Fails to adequately protect and conserve natural resources, such as wetlands, floodplains,
native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas,
lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems.
(V) Fails to adequately protect adjacent agricultural areas and activities, including silviculture,
active agricultural and silvicultural activities, passive agricultural activities, and dormant, unique,
and prime farmlands and soils.
(VI) Fails to maximize use of existing public facilities and services.
(VII) Fails to maximize use of future public facilities and services.
(VIII) Allows for land use patterns or timing which disproportionately increase the cost in time,
money, and energy of providing and maintaining facilities and services, including roads, potable
water, sanitary sewer, stormwater management, law enforcement, education, health care, fire
and emergency response, and general government.
(IX) Fails to provide a clear separation between rural and urban uses.
(X) Discourages or inhibits infill development or the redevelopment of existing neighborhoods
and communities.
(XI) Fails to encourage a functional mix of uses.
(XII) Results in poor accessibility among linked or related land uses.
(XIII) Results in the loss of significant amounts of functional open space.
b. The future land use element or plan amendment shall be determined to discourage the
proliferation of urban sprawl if it incorporates a development pattern or urban form that achieves
four or more of the following:
(1) Directs or locates economic growth and associated land development to geographic areas of
the community in a manner that does not have an adverse impact on and protects natural
resources and ecosystems.
(11) Promotes the efficient and cost-effective provision or extension of public infrastructure and
services.
(111) Promotes walkable and connected communities and provides for compact development and
a mix of uses at densities and intensities that will support a range of housing choices and a
multimodal transportation system, including pedestrian, bicycle, and transit, if available.
(IV) Promotes conservation of water and energy.
(V) Preserves agricultural areas and activities, including silviculture, and dormant, unique, and
prime farmlands and soils.
(VI) Preserves open space and natural lands and provides for public open space and recreation
needs.
(VII) Creates a balance of land uses based upon demands of the residential population for the
nonresidential needs of an area.
(VIII) Provides uses, densities, and intensities of use and urban form that would remediate an
existing or planned development pattern in the vicinity that constitutes sprawl or if it provides for
an innovative development pattern such as transit -oriented developments or new towns as defined
in s. 163.3164.
10. The future land use element shall include a future land use map or map series.
a. The proposed distribution, extent, and location of the following uses shall be shown on the
future land use map or map series:
(1) Residential.
(11) Commercial.
(111) Industrial.
(IV) Agricultural.
(V) Recreational.
(VI) Conservation.
(VII) Educational.
(VIII) Public.
b. The following areas shall also be shown on the future land use map or map series, if
applicable:
(1) Historic district boundaries and designated historically significant properties.
(11) Transportation concurrency management area boundaries or transportation concurrency
exception area boundaries.
(111) Multimodal transportation district boundaries.
(IV) Mixed -use categories.
c. The following natural resources or conditions shall be shown on the future land use map or
map series, if applicable:
(1) Existing and planned public potable waterwells, cones of influence, and wellhead protection
areas.
(11) Beaches and shores, including estuarine systems.
(111) Rivers, bays, lakes, floodplains, and harbors.
(IV) Wetlands.
(V) Minerals and soils.
(VI) Coastal high hazard areas.
(b) A transportation element addressing mobility issues in relationship to the size and
character of the local government. The purpose of the transportation element shall be to plan for a
multimodal transportation system that places emphasis on public transportation systems, where
feasible. The element shall provide for a safe, convenient multimodal transportation system,
coordinated with the future land use map or map series and designed to support all elements of
the comprehensive plan. A local government that has all or part of its jurisdiction included within
the metropolitan planning area of a metropolitan planning organization (M.P.0.) pursuant to
s. 339.175 shall prepare and adopt a transportation element consistent with this subsection. Local
governments that are not located within the metropolitan planning area of an M.P.O. shall address
traffic circulation, mass transit, and ports, and aviation and related facilities consistent with this
subsection, except that local governments with a population of 50,000 or less shall only be required
to address transportation circulation. The element shall be coordinated with the plans and
programs of any applicable metropolitan planning organization, transportation authority, Florida
Transportation Plan, and Department of Transportation adopted work program.
1. Each local government's transportation element shall address traffic circulation, including
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 transportation element pursuant to s. 337.273. If the transportation
corridors are designated, the local government may adopt a transportation corridor management
ordinance. The element shall include a map or map series showing the general location of the
existing and proposed transportation system features and shall be coordinated with the future land
use map or map series. The element shall reflect the data, analysis, and associated principles and
strategies relating to:
a. The existing transportation system levels of service and system needs and the availability of
transportation facilities and services.
b. The growth trends and travel patterns and interactions between land use and
transportation.
c. Existing and projected intermodal deficiencies and needs.
d. The projected transportation system levels of service and system needs based upon the
future land use map and the projected integrated transportation system.
e. How the local government will correct existing facility deficiencies, meet the identified
needs of the projected transportation system, and advance the purpose of this paragraph and the
other elements of the comprehensive plan.
2. Local governments within a metropolitan planning area designated as an M.P.O. pursuant to
s. 339.175 shall also address:
a. All alternative modes of travel, such as public transportation, pedestrian, and bicycle travel.
b. Aviation, rail, seaport facilities, access to those facilities, and intermodal terminals.
c. The capability to evacuate the coastal population before an impending natural disaster.
d. Airports, projected airport and aviation development, and land use compatibility around
airports, which includes areas defined in ss. 333.01 and 333.02.
e. 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.
3. Municipalities having populations greater than 50,000, and counties having populations
greater than 75,000, shall include mass -transit provisions showing proposed methods for the moving
of people, rights -of -way, terminals, and related facilities and shall address:
a. The provision of efficient public transit services based upon existing and proposed major trip
generators and attractors, safe and convenient public transit terminals, land uses, and
accommodation of the special needs of the transportation disadvantaged.
b. Plans for port, aviation, and related facilities coordinated with the general circulation and
transportation element.
c. Plans 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.
4. At the option of a local government, an airport master plan, and any subsequent
amendments to the airport master plan, prepared by a licensed publicly owned and operated
airport under s. 333.06 may be incorporated into the local government comprehensive plan by the
local government having jurisdiction under this act for the area in which the airport or projected
airport development is located by the adoption of a comprehensive plan amendment. In the
amendment to the local comprehensive plan that integrates the airport master plan, the
comprehensive plan amendment shall address land use compatibility consistent with chapter 333
regarding airport zoning; the provision of regional transportation facilities for the efficient use and
operation of the transportation system and airport; consistency with the local government
transportation circulation element and applicable M.P.O. long-range transportation plans; the
execution of any necessary interlocal agreements for the purposes of the provision of public
facilities and services to maintain the adopted level -of -service standards for facilities subject to
concurrency; and may address airport -related or aviation -related development. Development or
expansion of an airport consistent with the adopted airport master plan that has been incorporated
into the local comprehensive plan in compliance with this part, and airport -related or aviation -
related development that has been addressed in the comprehensive plan amendment that
incorporates the airport master plan, do not constitute a development of regional impact.
Notwithstanding any other general law, an airport that has received a development -of -regional -
impact development order pursuant to s. 380.06, but which is no longer required to undergo
development -of -regional -impact review pursuant to this subsection, may rescind its development -
of -regional -impact order upon written notification to the applicable local government. Upon
receipt by the local government, the development -of -regional -impact development order shall be
deemed rescinded.
(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.
1. Each local government shall address in the data and analyses required by this section those
facilities that provide service within the local government's jurisdiction. Local governments that
provide facilities to serve areas within other local government jurisdictions shall also address those
facilities in the data and analyses required by this section, using data from the comprehensive plan
for those areas for the purpose of projecting facility needs as required in this subsection. For
shared facilities, each local government shall indicate the proportional capacity of the systems
allocated to serve its jurisdiction.
2. The element shall describe the problems and needs and the general facilities that will be
required for solution of the problems and needs, including correcting existing facility deficiencies.
The element shall address coordinating the extension of, or increase in the capacity of, facilities to
meet future needs while maximizing the use of existing facilities and discouraging urban sprawl;
conserving potable water resources; and protecting the functions of natural groundwater recharge
areas and natural drainage features.
3. Within 18 months after the governing board approves an updated regional water supply plan,
the element must incorporate the alternative water supply project or projects selected by the
local government from those identified in the regional water supply plan pursuant to
s. 373.709(2)(a) or proposed by the local government under s. 373.709(8)(b). If a local government
is located within two water management districts, the local government shall adopt its
comprehensive plan amendment within 18 months after the later updated regional water supply
plan. The element must identify such alternative water supply projects and traditional water
supply projects and conservation and reuse necessary to meet the water needs identified in
s. 373.709(2)(a) within the local government's jurisdiction and include a work plan, covering at
least a 10-year planning period, for building public, private, and regional water supply facilities,
including development of alternative water supplies, which are identified in the element as
necessary to serve existing and new development. The work plan shall be updated, at a minimum,
every 5 years within 18 months after the governing board of a water management district approves
an updated regional water supply plan. Local governments, public and private utilities, regional
water supply authorities, special districts, and water management districts are encouraged to
cooperatively plan for the development of multijurisdictional water supply facilities that are
sufficient to meet projected demands for established planning periods, including the development
of alternative water sources to supplement traditional sources of groundwater and surface water
supplies.
4. A local government that does not own, operate, or maintain its own water supply facilities,
including, but not limited to, wells, treatment facilities, and distribution infrastructure, and is
served by a public water utility with a permitted allocation of greater than 300 million gallons per
day is not required to amend its comprehensive plan in response to an updated regional water
supply plan or to maintain a work plan if any such local government's usage of water constitutes
less than 1 percent of the public water utility's total permitted allocation. However, any such local
government is required to cooperate with, and provide relevant data to, any local government or
utility provider that provides service within its jurisdiction, and to keep its general sanitary sewer,
solid waste, potable water, and natural groundwater aquifer recharge element updated in
accordance with s. 163.3191.
(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, including factors that
affect energy conservation.
1. The following natural resources, where present within the local government's boundaries,
shall be identified and analyzed and existing recreational or conservation uses, known pollution
problems, including hazardous wastes, and the potential for conservation, recreation, use, or
protection shall also be identified:
a. Rivers, bays, lakes, wetlands including estuarine marshes, groundwaters, and springs,
including information on quality of the resource available.
b. Floodplains.
c. Known sources of commercially valuable minerals.
d. Areas known to have experienced soil erosion problems.
e. Areas that are the location of recreationally and commercially important fish or shellfish,
wildlife, marine habitats, and vegetative communities, including forests, indicating known
dominant species present and species listed by federal, state, or local government agencies as
endangered, threatened, or species of special concern.
2. The element must contain principles, guidelines, and standards for conservation that
provide long-term goals and which:
a. Protects air quality.
b. Conserves, appropriately uses, and protects the quality and quantity of current and
projected water sources and waters that flow into estuarine waters or oceanic waters and protect
from activities and land uses known to affect adversely the quality and quantity of identified water
sources, including natural groundwater recharge areas, wellhead protection areas, and surface
waters used as a source of public water supply.
c. Provides for the emergency conservation of water sources in accordance with the plans of
the regional water management district.
d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative
communities, including forests, from destruction by development activities.
e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and marine
habitat and restricts activities known to adversely affect the survival of endangered and
threatened wildlife.
f. Protects existing natural reservations identified in the recreation and open space element.
g. Maintains cooperation with adjacent local governments to conserve, appropriately use, or
protect unique vegetative communities located within more than one local jurisdiction.
h. Designates environmentally sensitive lands for protection based on locally determined
criteria which further the goals and objectives of the conservation element.
i. Manages hazardous waste to protect natural resources.
j. Protects and conserves wetlands and the natural functions of wetlands.
k. Directs future land uses that are incompatible with the protection and conservation of
wetlands and wetland functions away from wetlands. The type, intensity or density, extent,
distribution, and location of allowable land uses and the types, values, functions, sizes, conditions,
and locations of wetlands are land use factors that shall be considered when directing incompatible
land uses away from wetlands. Land uses shall be distributed in a manner that minimizes the effect
and impact on wetlands. The protection and conservation of wetlands by the direction of
incompatible land uses away from wetlands shall occur in combination with other principles,
guidelines, standards, and strategies in the comprehensive plan. Where incompatible land uses are
allowed to occur, mitigation shall be considered as one means to compensate for loss of wetlands
functions.
3. Current and projected needs and sources for at least a 10-year period based on the demands
for industrial, agricultural, and potable water use and the quality and quantity of water available
to meet these demands shall be analyzed. The analysis shall consider the existing levels of water
conservation, use, and protection and applicable policies of the regional water management
district and further must consider the appropriate regional water supply plan approved pursuant to
s. 373.709, or, in the absence of an approved regional water supply plan, the district water
management plan approved pursuant to s. 373.036(2). This information shall be submitted to the
appropriate agencies.
(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, waterways, and other
recreational facilities.
(f)1. A housing element consisting of principles, guidelines, standards, and strategies 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 affordable workforce housing as
defined in s. 380.0651(1)(h), 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. The element may include provisions that specifically address
affordable housing for persons 60 years of age or older. Real property that is conveyed to a local
government for affordable housing under this sub -subparagraph shall be disposed of by the local
government pursuant to s. 125.379 or s. 166.0451.
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.
2. The principles, guidelines, standards, and strategies of the housing element must be based
on data and analysis prepared on housing needs, which shall include the number and distribution of
dwelling units by type, tenure, age, rent, value, monthly cost of owner -occupied units, and rent or
cost to income ratio, and shall show the number of dwelling units that are substandard. The data
and analysis shall also include the methodology used to estimate the condition of housing, a
projection of the anticipated number of households by size, income range, and age of residents
derived from the population projections, and the minimum housing need of the current and
anticipated future residents of the jurisdiction.
3. The housing element must express principles, guidelines, standards, and strategies that
reflect, as needed, the creation and preservation of affordable housing for all current and
anticipated future residents of the jurisdiction, elimination of substandard housing conditions,
adequate sites, and distribution of housing for a range of incomes and types, including mobile and
manufactured homes. The element must provide for specific programs and actions to partner with
private and nonprofit sectors to address housing needs in the jurisdiction, streamline the
permitting process, and minimize costs and delays for affordable housing, establish standards to
address the quality of housing, stabilization of neighborhoods, and identification and improvement
of historically significant housing.
4. 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 use job training, job creation, and economic solutions to address a portion of their
affordable housing concerns.
(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
principles, guidelines, standards, and strategies that shall guide the local government's decisions
and program implementation with respect to the following objectives:
1. Maintain, restore, and enhance the overall quality of the coastal zone environment,
including, but not limited to, its amenities and aesthetic values.
2. Preserve the continued existence of viable populations of all species of wildlife and marine
life.
3. Protect the orderly and balanced utilization and preservation, consistent with sound
conservation principles, of all living and nonliving coastal zone resources.
4. Avoid irreversible and irretrievable loss of coastal zone resources.
5. Use ecological planning principles and assumptions in the determination of the suitability of
permitted development.
6. Limit public expenditures that subsidize development in coastal high -hazard areas.
7. Protect human life against the effects of natural disasters.
8. Direct the orderly development, maintenance, and use of ports identified in s. 403.021(9) to
facilitate deepwater commercial navigation and other related activities.
9. Preserve historic and archaeological resources, which include the sensitive adaptive use of
these resources.
10. At the option of the local government, develop an adaptation action area designation for
those low-lying coastal zones that are experiencing coastal flooding due to extreme high tides and
storm surge and are vulnerable to the impacts of rising sea level. Local governments that adopt an
adaptation action area may consider policies within the coastal management element to improve
resilience to coastal flooding resulting from high -tide events, storm surge, flash floods, stormwater
runoff, and related impacts of sea -level rise. Criteria for the adaptation action area may include,
but need not be limited to, areas for which the land elevations are below, at, or near mean higher
high water, which have a hydrologic connection to coastal waters, or which are designated as
evacuation zones for storm surge.
(h)1. An intergovernmental coordination element showing relationships and stating principles
and guidelines to be used in coordinating the adopted comprehensive plan with the plans of school
boards, regional water supply authorities, 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, with the state comprehensive plan
and with the applicable regional water supply plan approved pursuant to s. 373.709, as the case
may require and as such adopted plans or plans in preparation may exist. 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, or upon the state comprehensive plan, as the case may require.
a. The intergovernmental coordination element must provide procedures for identifying and
implementing joint planning areas, especially for the purpose of annexation, municipal
incorporation, and joint infrastructure service areas.
b. The intergovernmental coordination element shall provide for a dispute resolution process,
as established pursuant to s. 186.509, for bringing intergovernmental disputes to closure in a timely
manner.
c. The intergovernmental coordination element shall provide for interlocal agreements as
established pursuant to s. 333.03(1)(b).
2. The intergovernmental coordination element shall also state principles and guidelines to be
used in coordinating 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 must 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.
3. Within 1 year after 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. The agreement must:
a. Ensure that the local government addresses through coordination mechanisms the impacts of
development proposed in the local comprehensive plan upon development in adjacent
municipalities, the county, adjacent counties, the region, and the state. The area of concern for
municipalities shall include adjacent municipalities, the county, and counties adjacent to the
municipality. The area of concern for counties shall include all municipalities within the county,
adjacent counties, and adjacent municipalities.
b. Ensure coordination in establishing level of service standards for public facilities with any
state, regional, or local entity having operational and maintenance responsibility for such facilities.
(7)(a) The Legislature finds that:
1. There are a number of rural agricultural industrial centers in the state that process,
produce, or aid in the production or distribution of a variety of agriculturally based products,
including, but not limited to, fruits, vegetables, timber, and other crops, and juices, paper, and
building materials. Rural agricultural industrial centers have a significant amount of existing
associated infrastructure that is used for processing, producing, or distributing agricultural
products.
2. Such rural agricultural industrial centers are often located within or near communities in
which the economy is largely dependent upon agriculture and agriculturally based products. The
centers significantly enhance the economy of such communities. However, these agriculturally
based communities are often socioeconomically challenged and designated as rural areas of
opportunity. If such rural agricultural industrial centers are lost and not replaced with other job -
creating enterprises, the agriculturally based communities will lose a substantial amount of their
economies.
3. The state has a compelling interest in preserving the viability of agriculture and protecting
rural agricultural communities and the state from the economic upheaval that would result from
short-term or long-term adverse changes in the agricultural economy. To protect these
communities and promote viable agriculture for the long term, it is essential to encourage and
permit diversification of existing rural agricultural industrial centers by providing for jobs that are
not solely dependent upon, but are compatible with and complement, existing agricultural
industrial operations and to encourage the creation and expansion of industries that use
agricultural products in innovative ways. However, the expansion and diversification of these
existing centers must be accomplished in a manner that does not promote urban sprawl into
surrounding agricultural and rural areas.
(b) As used in this subsection, the term "rural agricultural industrial center" means a
developed parcel of land in an unincorporated area on which there exists an operating agricultural
industrial facility or facilities that employ at least 200 full-time employees in the aggregate and
process and prepare for transport a farm product, as defined in s. 163.3162, or any biomass
material that could be used, directly or indirectly, for the production of fuel, renewable energy,
bioenergy, or alternative fuel as defined by law. The center may also include land contiguous to
the facility site which is not used for the cultivation of crops, but on which other existing activities
essential to the operation of such facility or facilities are located or conducted. The parcel of land
must be located within, or within 10 miles of, a rural area of opportunity.
(c)1. A landowner whose land is located within a rural agricultural industrial center may apply
for an amendment to the local government comprehensive plan for the purpose of designating and
expanding the existing agricultural industrial uses of facilities located within the center or
expanding the existing center to include industrial uses or facilities that are not dependent upon
but are compatible with agriculture and the existing uses and facilities. A local government
comprehensive plan amendment under this paragraph must:
a. Not increase the physical area of the existing rural agricultural industrial center by more
than 50 percent or 320 acres, whichever is greater.
b. Propose a project that would, upon completion, create at least 50 new full-time jobs.
c. Demonstrate that sufficient infrastructure capacity exists or will be provided to support the
expanded center at the level -of -service standards adopted in the local government comprehensive
plan.
d. Contain goals, objectives, and policies that will ensure that any adverse environmental
impacts of the expanded center will be adequately addressed and mitigation implemented or
demonstrate that the local government comprehensive plan contains such provisions.
2. Within 6 months after receiving an application as provided in this paragraph, the local
government shall transmit the application to the state land planning agency for review pursuant to
this chapter together with any needed amendments to the applicable sections of its comprehensive
plan to include goals, objectives, and policies that provide for the expansion of rural agricultural
industrial centers and discourage urban sprawl in the surrounding areas. Such goals, objectives,
and policies must promote and be consistent with the findings in this subsection. An amendment
that meets the requirements of this subsection is presumed not to be urban sprawl as defined in
s. 163.3164 and shall be considered within 90 days after any review required by the state land
planning agency if required by s. 163.3184. This presumption may be rebutted by a preponderance
of the evidence.
(d) This subsection does not apply to an optional sector plan adopted pursuant to s. 163.3245,
a rural land stewardship area designated pursuant to s. 163.3248, or any comprehensive plan
amendment that includes an inland port terminal or affiliated port development.
(e) This subsection does not confer the status of rural area of opportunity, or any of the rights
or benefits derived from such status, on any land area not otherwise designated as such pursuant to
s. 288.0656(7).
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; s. 10, ch. 96-320; s. 24, ch. 96-410; s. 2, ch. 96-416; s. 2, ch. 98-146; s. 4, ch. 98-176; s. 4, ch. 98-
258; s. 90, ch. 99-251; s. 3, ch. 99-378; s. 40, ch. 2001-201; s. 64, ch. 2001-279; s. 24, ch. 2002-1; s. 58, ch. 2002-
20; s. 70, ch. 2002-295; s. 2, ch. 2002-296; s. 904, ch. 2002-387; s. 61, ch. 2003-286; s. 2, ch. 2004-230; s. 4, ch.
2004-372; s. 2, ch. 2004-381; s. 2, ch. 2005-36; s. 1, ch. 2005-157; s. 2, ch. 2005-290; s. 10, ch. 2005-291; s. 2, ch.
2006-220; s. 57, ch. 2007-196; s. 1, ch. 2007-198; s. 2, ch. 2007-204; s. 2, ch. 2008-191; s. 10, ch. 2009-21; s. 3, ch.
2009-85; s. 3, ch. 2009-96; s. 1, ch. 2009-154; s. 43, ch. 2010-102; s. 2, ch. 2010-182; s. 4, ch. 2010-205; s. 3, ch.
2011-14; s. 12, ch. 2011-139; s. 3, ch. 2011-189; s. 4, ch. 2012-99; s. 24, ch. 2014-218; s. 2, ch. 2015-30; s. 13, ch.
2016-10; s. 31, ch. 2019-3.