HomeMy WebLinkAboutBack-Up from Law Dept• ARTICLE IX. - FINANCIAL POLICIES
• DIVISION 1. - ANTI-DEFICIENCYACT181
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:
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.
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) Basicfinancial policies. The city shall endeavor to maintain formal policies, which reflect "best
practices" in the areas of:
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.
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 202o 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 may be 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; overcame 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, goad 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 adapt 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.
Hirtary.—ss. 1, F, ch. 75-F57; ss. 1, 20, ch. 85-551 s. 1, ch. 93-246, s. 41 ch. ZO11-135.
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 far 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 Zang -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 jab 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,
conside ring facto rs 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 workingwaterfronts 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.
4. 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.
(I11 ) 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.
(VI I I ) 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.
(XI 1) Results in poor accessibility among linked or related land uses.
(XI I I) Results in the lass 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.
(VI I) Creates a balance of land uses based upon demands of the residential population for
the nonresidential needs of an area.
(Vlll) 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.
(Ill) Industrial.
(IV) Agricultural.
(V) Recreational,
(VI) Conservation.
(VI 1) Educational.
(VI I I) 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) Multimadal transportation district boundaries.
(IV) Mixed -use categories.
c. The following natural resources or conditions shall be shown an 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 sails.
(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.O. )
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.0. 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 p roposed 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.R0. 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 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 gove rning boa rd 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 awn, operate, or maintain its awn 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, sails, beaches, shares, 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 fallowing 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 erasion 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, jab 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 parts identified ins.
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 far 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
concur rency, 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, Alandowner whose land is located within a rural agricultural industrial center may
apply fo r an amendment to the local gave rnment comprehensive plan fo r the pu rpose 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 jabs.
c. Demonstrate that sufficient infrastructure capacity exists or will be provided to support
the expanded center at the level -of -service standards adapted 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 adapted 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 part
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),
Hirtory.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. 9Z-1Z9; s. 6, ch. 93-Z06; s. 898, ch. 95-147; s. 3, ch. 95-Z57; s. 4, ch. 95-
3Z3; s. 14, ch. 95-341; S. 1O, ch. 96-370, s. 24, ch. 96-410; s. Z, ch. 96-416, s. Z, ch. 98-146, S. 4, ch. 98-176, S. 4,
ch. 98-Z58; s. 90, ch. 99-Z51; s. 3, ch. 99-378; s. 40, ch. Z0O1-201; s. 64, ch. 2001-Z79; s. Z4, ch. ZOOZ-1; s. 58, ch.
ZOOZ-ZO; s. 70, ch. ZOOZ-Z95; s. Z, ch. ZOOZ-Z96; s. 904, ch. 70OZ-387; s. 61, ch. Z003-Z86; s. Z, ch. 7004Z30; s. 4,
ch. 2404-372; s. 2, ch. 2004-38i; s. 2, ch. Z005-36, S. 1, ch. 7005-157, s. 2, ch. ZOOS-290; S. iO, ch. 7005-291; S. 2,
ch. 7006-220; s. 57, ch. 7007-196; s. 1, ch. 7007-198; s. 2, ch. 2007-204; s. 2, ch. 7008-191; s. 10, ch. 7009-21; s.
3, ch. ZO49-85; s. 3, ch. ZO0-96; s. 1, ch. ZO49-154; s. 43, ch. Z01O-10Z; s. Z, ch. Z01O-18Z; s. 4, ch. ZO1O-ZO5; s.
3, ch. ZO11-14; s. 1Z, ch. Z011-139; S. 3, ch. 7O11-189; S. 4, ch. 701Z-99; S. 24, ch. Z414-218; S. 2, ch. ZO15-30; s.
13, ch. 7016-10; s. 31, ch. 7019-3.