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HomeMy WebLinkAboutBack-Up from Law DeptDIVISION 1. ANTI -DEFICIENCY ACT Page 1 of 3 Miami, Florida, Code of Ordinances» PART II - THE CODE» Chapter 18 - FINANCE» ARTICLE IX. - FINANCIAL POLICIES» DIVISION 1, ANTI - DEFICIENCY ACT» DIVISION 1. ANTI -DEFICIENCY ACT 01 Sec. 18-500. Established. Sec. 18-501. Definitions. Sec. 18-502. Procedures and implementation. Sec. 18-503. Violations of act penalties. Secs. 18-504-18-540. Reserved. Sec. 18-500. Established. (,P 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 https://library.runicode. com/HTML/ 1093 3 /level4/PTIITHCO_CH 18FI_ARTIXFIPO_DI... 8/29/2014 DIVISION 1. ANTI -DEFICIENCY ACT Page 2 of 3 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, ormanmade, 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. (0) 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, 1 f-17-98; Ord. No. 11890, § 2, 2-10-00; Oid. No. 12026, § 2, 2-22-01) Sec. 18-503. Violations of act; penalties. 1' ° (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. https://library.municode.com/HTML/10933/leve14/PTIITHCOSH18FI ARTIXFIPO_DI... 8/29/2014 DIVISION 1. ANTI -DEFICIENCY ACT Page 3 of 3 FOOTNOTE(S): Note —See the editor's note to Ch. 2, Art. XN. (Back) https://library.municode.corn/HTML/10933/level4/PTIITHCO_CH 18FI_ARTIXFIPO_DI... 8/29/2014 DIVISION 2. FINANCIAL INTEGRITY PRINCIPLES Page 1 of 3 Miami, Florida, Code of Ordinances» PART II - THE CODE » Chapter 18 - FINANCE » ARTICLE IX. - FINANCIAL POLICIES » DIVISION 2. FINANCIAL INTEGRITY PRINCIPLES» DIVISION 2. FINANCIAL INTEGRITY PRINCIPLES Sec. 18-541. Established; implementation; review; reports. Sec. 18-542. Financial integrity principles. Secs. 18-543-18-555. Reserved. Sec. 18-541. Established; implementation; review; reports. u " 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. The financial integrity principles as set forth herein shall be reviewed and updated as necessary, at least every three years. The city's 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) Sec. 18-542. Financial integrity principles. The following financial integrity principles are hereby adopted: (4) Structurally balanced budget. The city shall maintain a structurally -balanced budget. Recurring revenues will fund recurring expenditures. Estimating conference process. The city shall adopt budgets and develop its long and short-term financial plan utilizing a professional 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. 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 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 statements 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. 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 comprehensive annual financial report (CAFR). City-wide deficit for any fiscal year is defined as the decrease in unreserved general fund balance as reflected in the city's comprehensive annual financial report (CAFR). 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 comprehensive annual financial report (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 special revenue fund. Allowed expenditures from the parks special revenue fund shall be limited to the purchase of parks recreational and maintenance equipment 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 conferences, conventions and public facilities 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 information 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. (5) Reserve policies. The following three reserve policies categories are established for the general operating fund of the city: a. https://library.municode.com/HTML/10933/level4/PTIITHCO_CH18FI ARTIXFIPO DI... 8/29/2014 DIVISION 2. FINANCIAL INTEGRITY PRINCIPLES Page 2 of 3 b. c. 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 comprehensive annual financial report (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. Genera/ 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. 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. General fund assigned fund balance reserves. The city shall retain assigned fund balance reserves equal to ten percent of the prior three years average of general revenues (excluding transfers). 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 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 capita/ improvement plan. The city commission shall annually adopt a capital improvements plan ("CIP") by November 30th of each year. 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 be detailed by fund, include recommended project prioritization rankings, identified revenue sources, planned financing options and unfunded projects. The CIP shall include estimates of the operational 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, the date funded, amount budgeted, amount spent since the start date, remaining budget, fiscal impact of known changes to financial assumptions underlying the project, estimated expenditures by fiscal year for the project and estimated completion date. Approved projects, with circumstances that arise which change the funding requirements of the project, shall be addressed in the CIP annually. (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 provide any information regarding any potentially adverse trends or conditions. These reports should be issued within 30 days after the close of each month. The external auditor shall prepare the city's comprehensive annual financial report (CAFR) by March 31 of each year. The single audit and management letter of the city shall be prepared by the external auditor by April 30 of each year. The 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 30 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. https://library.municode.corn/HTML/10933/level4/PTIITHCO_CH 18FI_ARTIXFIPO_DI... 8/29/2014 DIVISION 2. FINANCIAL INTEGRITY PRINCIPLES Page 3 of 3 (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. 0. 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 30 of each year, shall be printed and made available within 30 days of such adoption. d. Revenue collection. Such policy shall provide for maximum collection and enforcement of existing revenues, monitoring procedures, and the adequacy level of subsidy for user fees. e. Purchasing policy. Such policy shall establish departmental policies and procedures and provide appropriate checks and balances to ensure the city departments adhere to the city's purchasing policies. f. Collective bargaining management practices. Such policy shall require that all memorandums of understanding (M.O.U.$) entered into between the city and any collective bargaining unit that amends, alters, or modifies any existing collective bargaining agreement and that may have a fiscal impact of $40,000.00 or more be reviewed by the budget director, reviewed by the finance committee with recommendations to the city manager. The finance committee shall provide its recommendations regarding such M.O.U.s to the city manager not less than 14 days prior to consideration by the city commission of any said M.O.U. for ratification. In the event that the finance committee is unable to meet within the timeframes provided herein, then the city manager may proceed to the city commission for ratification. (12) Evaluation committees. a. 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, shall review and provide recommendations to the city manager regarding all collective bargaining agreements. The finance committee shall provide its recommendations regarding such collective bargaining agreements to the city manager not less than 14 days prior to consideration by the city commission of any said 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. 1251 s. § 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) Secs. 18-543-18-555. Reserved. https://library.municode.com/HTML/10933/level4/PTIITHCO CH18FI ARTIXFIPO DI... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3164 : Online Sunshine Page 1 of 5 Select Year: �2009 e; The 2009 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3164 Local Government Comprehensive Planning and Land Development Regulation Act; definitions. --As used in this act: (1) "Administration Commission" means the Governor and the Cabinet, and for purposes of this chapter the commission shall act on a simple majority vote, except that for purposes of imposing the sanctions provided in s. 163.3184(11), affirmative action shall require the approval of the Governor and at least three other members of the commission. (2) "Area" or "area of jurisdiction" means the total area qualifying under the provisions of this act, whether this be all of the lands lying within the limits of an incorporated municipality, lands in and adjacent to incorporated municipalities, all unincorporated lands within a county, or areas comprising combinations of the lands in incorporated municipalities and unincorporated areas of counties. (3) "Coastal area" means the 35 coastal counties and all coastal municipalities within their boundaries designated coastal by the state land planning agency. (4) "Comprehensive plan" means a plan that meets the requirements of ss. 163.3177 and 163.3178. (5) "Developer" means any person, including a governmental agency, undertaking any development as defined in this act. (6) "Development" has the meaning given it in s. 380.04. (7) "Development order" means any order granting, denying, or granting with conditions an application for a development permit. (8) "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. (9) "Governing body" means the board of county commissioners of a county, the commission or council of an incorporated municipality, or any other chief governing body of a unit of local government, however designated, or the combination of such bodies where joint utilization of the provisions of this act is accomplished as provided herein. http://www.leg.state.fl.us/Statutes/index.cfiii?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3164 : Online Sunshine Page 2 of 5 (10) "Governmental agency" means: (a) The United States or any department, commission, agency, or other instrumentality thereof. (b) This state or any department, commission, agency, or other instrumentality thereof. (c) Any local government, as defined in this section, or any department, commission, agency, or other instrumentality thereof. (d) Any school board or other special district, authority, or governmental entity. (11) "Land" means the earth, water, and air, ahove, below, or on the surface, and incluudec any improvements or structures customarily regarded as land. (12) "Land use" means the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or a land development code, as the context may indicate. (13) "Local government" means any county or municipality. (14) "Local planning agency" means the agency designated to prepare the comprehensive plan or plan amendments required by this act. (15) A "newspaper of general circulation" means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. (16) "Parcel of land" means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit. (17) "Person" means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. (18) "Public notice" means notice as required by s. 125.66(2) for a county or by s. 166.041(3)(a) for a municipality. The public notice procedures required in this part are established as minimum public notice procedures. (19) "Regional planning agency" means the agency designated by the state land planning agency to exercise responsibilities under law in a particular region of the state. (20) "State land planning agency" means the Department of Community Affairs. (21) "Structure" has the meaning given it by s. 380.031(19). http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3164 : Online Sunshine Page 3 of 5 (22) "Land development regulation commission" means a commission designated by a local government to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and report to the governing body regarding its findings. The responsibilities of the land development regulation commission may be performed by the local planning agency. (23) "Land development regulations" means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land, except that this definition shall not apply in s. 163.3213. (24) "Public facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities, and spoil disposal sites for maintenance dredging located in the intracoastat waterways, except for spoil disposal sites owned or used by ports listed in s. 403.021(9)(b). (25) "Downtown revitalization" means the physical and economic renewal of a central business district of a community as designated by local government, and includes both downtown development and redevelopment. (26) "Urban redevelopment" means demolition and reconstruction or substantial renovation of existing buildings or infrastructure within urban infill areas, existing urban service areas, or community redevelopment areas created pursuant to part III. (27) "Urban infill" means the development of vacant parcels in otherwise built-up areas where public facilities such as sewer systems, roads, schools, and recreation areas are already in place and the average residential density is at least five dwelling units per acre, the average nonresidential intensity is at least a floor area ratio of 1.0 and vacant, developable land does not constitute more than 10 percent of the area. (28) "Projects that promote public transportation" means projects that directly affect the provisions of public transit, including transit terminals, transit lines and routes, separate lanes for the exclusive use of public transit services, transit stops (shelters and stations), office buildings or projects that include fixed -rail or transit terminals as part of the building, and projects which are transit oriented and designed to complement reasonably proximate planned or existing public facilities. (29) "Urban service area" means built-up areas where public facilities and services, including, but not limited to, central water and sewer capacity and roads, are already in place or are committed in the first 3 years of the capital improvement schedule. In addition, for counties that qualify as dense urban land areas under subsection (34), the nonrurat area of a county which has adopted into the county charter a rural area designation or areas identified in the comprehensive plan as urban service areas or urban growth boundaries on or before July 1, 2009, are also urban service areas under this definition. (30) "Transportation corridor management" means the coordination of the planning of designated future transportation corridors with land use planning within and adjacent to the corridor to promote orderly http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3164 : Online Sunshine Page 4 of 5 growth, to meet the concurrency requirements of this chapter, and to maintain the integrity of the corridor for transportation purposes. (31) "Optional sector plan" means an optional process authorized by s. 163.3245 in which one or more local governments by agreement with the state land planning agency are allowed to address development -of -regional -impact issues within certain designated geographic areas identified in the local comprehensive plan as a means of fostering innovative planning and development strategies in s. 163.3177(11)(a) and (b), furthering the purposes of this part and part I of chapter 380, reducing overlapping data and analysis requirements, protecting regionally significant resources and facilities, and addressing extrajurisdictional impacts. (32) "Financial feasibility" means that sufficient revenues are currently available or wilt be available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5, of a 5-year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level -of -service standards are achieved and maintained within the period covered by the 5-year schedule of capital improvements. A comprehensive plan shall be deemed financially feasible for transportation and school facilities throughout the planning period addressed by the capital improvements schedule if it can be demonstrated that the level -of -service standards wilt be achieved and maintained by the end of the planning period even if in a particular year such improvements are not concurrent as required by s. 163.3180. (33) "Agricultural enclave" means an unincorporated, undeveloped parcel that: (a) Is owned by a single person or entity; (b) Has been in continuous use for bona fide agricultural purposes, as defined by s. 193.461, for a period of 5 years prior to the date of any comprehensive plan amendment application; (c) Is surrounded on at least 75 percent of its perimeter by: 1. Property that has existing industrial, commercial, or residential development; or 2. Property that the local government has designated, in the local governments comprehensive plan, zoning map, and future land use map, as land that is to be developed for industrial, commercial, or residential purposes, and at least 75 percent of such property is existing industrial, commercial, or residential development; (d) Has public services, including water, wastewater, transportation, schools, and recreation facilities, available or such public services are scheduled in the capital improvement element to be provided by the local government or can be provided by an alternative provider of local government infrastructure in order to ensure consistency with applicable concurrency provisions of s. 163.3180; and (e) Does not exceed 1,280 acres; however, if the property is surrounded by existing or authorized residential development that will result in a density at buildout of at least 1,000 residents per square mile, then the area shall be determined to be urban and the parcel may not exceed 4,480 acres. http://www.leg.state.fl.us/Statutes/index.cfm?App_inode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3164 : Online Sunshine Page 5 of 5 (34) "Dense urban land area" means: (a) A municipality that has an average of at least 1,000 people per square mile of land area and a minimum total population of at least 5,000; (b) A county, including the municipalities located therein, which has an average of at least 1,000 people per square mile of land area; or (c) A county, including the municipalities located therein, which has a population of at least 1 million. The Office of Economic and Demographic Research within the Legislature shall annually calculate the population and density criteria needed to determine which jurisdictions qualify as dense urban land areas by using the most recent land area data from the decennial census conducted by the Bureau of the Census of the United States Department of Commerce and the latest available population estimates determined pursuant to s. 186.901. If any local government has had an annexation, contraction, or new incorporation, the Office of Economic and Demographic Research shall determine the population density using the new jurisdictional boundaries as recorded in accordance with s. 171.091. The Office of Economic and Demographic Research shall submit to the state land planning agency a list of jurisdictions that meet the total population and density criteria necessary for designation as a dense urban land area by July 1, 2009, and every year thereafter. The state land planning agency shall publish the list of jurisdictions on its Internet website within 7 days after the list is received. The designation of jurisdictions that qualify or do not qualify as a dense urban land area is effective upon publication on the state land planning agency's Internet website. History.--s. 3, ch. 75-257; s. 49, ch. 79-190; s. 10, ch. 81-167; s. 10, ch. 83-55; s. 2, ch. 85-55; s. 3, ch. 92-129; s. 2, ch. 93-206; s. 2, ch. 95-257; s. 22, ch. 95-280; s. 7, ch. 95-310; s. 2, ch. 98-176; s. 2, ch. 99-378; s. 1, ch. 2005-290; s. 3, ch. 2006-255; s. 1, ch. 2007-204; s. 2, ch. 2009-96. Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 1 of 26 Select Year: 2009 The 2009 Florida Statutes 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 shalt consist of materials in such descriptive form, written or graphic, as may be appropriate to the prescription of principles, guidelines, and standards for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area. (2) Coordination of the several elements of the local comprehensive plan shall be a major objective of the planning process. The several elements of the comprehensive plan shalt be consistent, and the comprehensive plan shall be financially feasible. Financial feasibility shall be determined using professionally accepted methodologies and applies to the 5-year planning period, except in the case of a long-term transportation or school concurrency management system, in which case a 10-year or 15-year period applies. (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 including acceptable levels of service. 4. Standards for the management of debt. 5. A schedule of capital improvements which includes publicly funded projects, and which may include privately funded projects for which the local government has no fiscal responsibility, necessary to ensure that adopted level -of -service standards are achieved and maintained. For capital improvements that will be funded by the developer, financial feasibility shall be demonstrated by being guaranteed in http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 2 of 26 an enforceable development agreement or interlocal agreement pursuant to paragraph (10)(h), or other enforceable agreement. These development agreements and interlocal agreements shall be reflected in the schedule of capital improvements if the capital improvement is necessary to serve development within the 5-year schedule. If the local government uses planned revenue sources that require referenda or other actions to secure the revenue source, the plan must, in the event the referenda are not passed or actions do not secure the planned revenue source, identify other existing revenue sources that will be used to fund the capital projects or otherwise amend the plan to ensure financial feasibility. 6. 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 also be coordinated with the applicable metropolitan planning organization's long-range transportation plan adopted pursuant to s. 339.175(7). (b)1. The capital improvements element must be reviewed on an annual basis and modified as necessary in accordance with s. 163.3187 or s. 163.3189 in order to maintain a financially feasible 5-year schedule of capital improvements. Corrections and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan may be accomplished by ordinance and shall not be deemed to be amendments to the local comprehensive plan. A copy of the ordinance shall be transmitted to the state land planning agency. An amendment to the comprehensive plan is required to update the schedule on an annual basis or to eliminate, defer, or delay the construction for any facility listed in the 5-year schedule. All public facilities must be consistent with the capital improvements element. The annual update to the capital improvements element of the comprehensive plan need not comply with the financial feasibility requirement until December 1, 2011. Thereafter, a local government may not amend its future land use map, except for plan amendments to meet new requirements under this part and emergency amendments pursuant to s. 163.3187(1)(a), after December 1, 2011, and every year thereafter, unless and until the local government has adopted the annual update and it has been transmitted to the state land planning agency. 2. Capital improvements element amendments adopted after the effective date of this act shall require only a single public hearing before the governing board which shall be an adoption hearing as described in s. 163.3184(7). Such amendments are not subject to the requirements of s. 163.3184(3)-(6). (c) If the local government does not adopt the required annual update to the schedule of capital improvements, the state land planning agency must notify the Administration Commission. A local government that has a demonstrated lack of commitment to meeting its obligations identified in the capital improvements element may be subject to sanctions by the Administration Commission pursuant to s. 163.3184(11). (d) If a local government adopts a long-term concurrency management system pursuant to s. 163.3180 (9), it must also adopt a long-term capital improvements schedule covering up to a 10-year or 15-year period, and must update the long-term schedule annually. The long-term schedule of capital improvements must be financially feasible. (e) At the discretion of the local government and notwithstanding the requirements of this subsection, a comprehensive plan, as revised by an amendment to the plan's future land use map, shall be deemed to be financially feasible and to have achieved and maintained level -of -service standards as required by http://www.leg.state.fl.us/Statutes/index.cfin?Appmode=Display_ Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 3 of 26 this section with respect to transportation facilities if the amendment to the future land use map is supported by a: 1. Condition in a development order for a development of regional impact or binding agreement that addresses proportionate -share mitigation consistent with s. 163.3180(12); or 2. Binding agreement addressing proportionate fair -share mitigation consistent with s. 163.3180(16)(f) and the property subject to the amendment to the future land use map is located within an area designated in a comprehensive plan for urban infill, urban redevelopment, downtown revitalization, urban infill and redevelopment, or an urban service area. The binding agreement must be based on the maximum amount of development identified by the future land use map amendment or as may be otherwise restricted through a special area plan policy or map notation in the comprehensive plan. (f) A local government's comprehensive plan and plan amendments for land uses within all transportation concurrency exception areas that are designated and maintained in accordance with s. 163.3180(5) shall be deemed to meet the requirement to achieve and maintain level -of -service standards for transportation. (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. 373.0361; with adopted rules pertaining to designated areas of critical state concern; and with the state comprehensive plan shall be a major objective of the local comprehensive planning process. To that end, in the preparation of a comprehensive plan or element thereof, and in the comprehensive plan or element as adopted, the governing body shall include a specific policy statement indicating the relationship of the proposed development of the area to the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region and to the state comprehensive plan, as the case may require and as such adopted plans or plans in preparation may exist. (b) When all or a portion of the land in a local government jurisdiction is or becomes part of a designated area of critical state concern, the local government shall clearly identify those portions of the local comprehensive plan that shall be applicable to the critical area and shall indicate the relationship of the proposed development of the area to the rules for the area of critical state concern. (5)(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. (b) The comprehensive plan and its elements shall contain policy recommendations for the implementation of the plan and its elements. (6) In addition to the requirements of subsections (1)-(5) and (12), the comprehensive plan shall include the following elements: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities, and other categories of the public and private uses of land. Counties are encouraged to designate rural land stewardship areas, http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 4 of 26 pursuant to paragraph (11)(d), as overlays on the future land use map. 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. The future land use plan shall be based upon surveys, studies, and data regarding the area, including the amount of land required to accommodate anticipated growth; the projected population of the area; the character of undeveloped land; the availability of water supplies, public facilities, and services; the need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community; the compatibility of uses on lands adjacent to or closely proximate to military installations; lands adjacent to an airport as defined in s: 330.35 anti consistent with s. 333.02; the discouragement of urban sprawl; energy -efficient land use patterns accounting for existing and future electric power generation and transmission systems; greenhouse gas reduction strategies; and, in rural communities, the need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. The future land use plan may designate areas for future planned development use involving combinations of types of uses for which special regulations may be necessary to ensure development in accord with the principles and standards of the comprehensive plan and this act. The future land use plan element shall include criteria to be used to achieve the compatibility of lands adjacent or closely proximate to military installations, and lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. In addition, for rural communities, the amount of land designated for future planned industrial use shall be based upon surveys and studies that reflect the need for job creation, capital investment, and the necessity to strengthen and diversify the local economies, and may not be limited solely by the projected population of the rural community. The future land use plan of a county may also designate areas for possible future municipal incorporation. The land use maps or map series shall generally identify and depict historic district boundaries and shall designate historically significant properties meriting protection. For coastal counties, the future land use element must include, without limitation, regulatory incentives and criteria that encourage the preservation of recreational and commercial working waterfronts as defined in s. 342.07. 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. The failure by a local government to comply with these school siting requirements will result in the prohibition of the local government's ability to amend the local comprehensive plan, except for plan amendments described in s. 163.3187(1)(b), until the school siting requirements are met. Amendments proposed by a local government for purposes of identifying the land use categories in which public schools are an allowable use are exempt from the limitation on the frequency of plan amendments contained in s. 163.3187. The future land use element shall include criteria that encourage the location of schools proximate to urban residential areas to the extent possible and shall require that the local government seek to collocate public facilities, such as parks, libraries, and community centers, with schools to the extent possible and to encourage the use of elementary schools as focal points for neighborhoods. For schools serving predominantly rural counties, defined as a county with a population of 100,000 or fewer, an agricultural http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 5 of 26 land use category is eligible for the location of public school facilities if the local comprehensive plan contains school siting criteria and the location is consistent with such criteria. Local governments required to update or amend their comprehensive plan to include criteria and address compatibility of lands adjacent or closely proximate to existing military installations, or lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02, in their future land use plan element shall transmit the update or amendment to the state land planning agency by June 30, 2012. (b) A traffic circulation element consisting of the types, locations, and extent of existing and proposed major thoroughfares and transportation routes, including bicycle and pedestrian ways. Transportation corridors, as defined in s. 334.03, may be designated in the traffic circulation element pursuant to s. 337.273. If the transportation corridors are designated, the local government may adopt a transportation corridor management ordinance. The traffic circulation element shall incorporate transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. (c) A general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element correlated to principles and guidelines for future land use, indicating ways to provide for future potable water, drainage, sanitary sewer, solid waste, and aquifer recharge protection requirements for the area. The element may be a detailed engineering plan including a topographic map depicting areas of prime groundwater recharge. The element shall describe the problems and needs and the general facilities that will be required for solution of the problems and needs. The element shall also include a topographic map depicting any areas adopted by a regional water management district as prime groundwater recharge areas for the Floridan or Biscayne aquifers. These areas shall be given special consideration when the local government is engaged in zoning or considering future land use for said designated areas. For areas served by septic tanks, soil surveys shall be provided which indicate the suitability of soils for septic tanks. 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. 373.0361(2)(a) or proposed by the local government under s. 373.0361(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. 373.0361(2)(a) within the local governments 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. Amendments to incorporate the work plan do not count toward the limitation on the frequency of adoption of amendments to the comprehensive 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. http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 6 of 26 (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. Local governments shall assess their current, as well as projected, water needs and sources for at least a 10-year period, considering the appropriate regional water supply plan approved pursuant to s. 373.0361, 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. The land use map or map series contained in the future land use element shall generally identify and depict the following: 1. Existing and planned waterwells and cones of influence where applicable. 2. Beaches and shores, including estuarine systems. 3. Rivers, bays, lakes, flood plains, and harbors. 4. Wetlands. 5. Minerals and soils. 6. Energy conservation. The land uses identified on such maps shall be consistent with applicable state law and rules. (e) A recreation and open space element indicating a comprehensive system of public and private sites for recreation, including, but not limited to, natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, open spaces, waterways, and other recreational facilities. (f)1. A housing element consisting of standards, plans, and principles to be followed in: a. The provision of housing for all current and anticipated future residents of the jurisdiction. b. The elimination of substandard dwelling conditions. c. The structural and aesthetic improvement of existing housing. d. The provision of adequate sites for future housing, including affordable workforce housing as defined in s. 380.0651(3)(j), housing for low-income, very low-income, and moderate -income families, mobile homes, and group home facilities and foster care facilities, with supporting infrastructure and public facilities. e. Provision for relocation housing and identification of historically significant and other housing for purposes of conservation, rehabilitation, or replacement. f. The formulation of housing implementation programs. g. The creation or preservation of affordable housing to minimize the need for additional local services and avoid the concentration of affordable housing units only in specific areas of the jurisdiction. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 7 of 26 h. Energy efficiency in the design and construction of new housing. i. Use of renewable energy resources. j. Each county in which the gap between the buying power of a family of four and the median county home sale price exceeds $170,000, as determined by the Florida Housing Finance Corporation, and which is not designated as an area of critical state concern shall adopt a plan for ensuring affordable workforce housing. At a minimum, the plan shall identify adequate sites for such housing. For purposes of this sub -subparagraph, the term "workforce housing" means housing that is affordable to natural persons or families whose total household income does not exceed 140 percent of the area median income, adjusted for household size: k. As a precondition to receiving any state affordable housing funding or allocation for any project or program within the jurisdiction of a county that is subject to sub -subparagraph j., a county must, by July 1 of each year, provide certification that the county has complied with the requirements of sub - subparagraph j. The goals, objectives, and policies of the housing element must be based on the data and analysis prepared on housing needs, including the affordable housing needs assessment. State and federal housing plans prepared on behalf of the local government must be consistent with the goals, objectives, and policies of the housing element. Local governments are encouraged to use job training, job creation, and economic solutions to address a portion of their affordable housing concerns. 2. To assist local governments in housing data collection and analysis and assure uniform and consistent information regarding the state's housing needs, the state land planning agency shall conduct an affordable housing needs assessment for all local jurisdictions on a schedule that coordinates the implementation of the needs assessment with the evaluation and appraisal reports required by s. 163.3191. Each local government shall utilize the data and analysis from the needs assessment as one basis for the housing element of its local comprehensive plan. The agency shall allow a local government the option to perform its own needs assessment, if it uses the methodology established by the agency by rule. (g)1. For those units of local government identified in s. 380.24, a coastal management element, appropriately related to the particular requirements of paragraphs (d) and (e) and meeting the requirements of s. 163.3178(2) and (3). The coastal management element shall set forth the policies that shall guide the local governments decisions and program implementation with respect to the following objectives: a. Maintenance, restoration, and enhancement of the overall quality of the coastal zone environment, including, but not limited to, its amenities and aesthetic values. b. Continued existence of viable populations of all species of wildlife and marine life. c. The orderly and balanced utilization and preservation, consistent with sound conservation principles, of all living and nonliving coastal zone resources. d. Avoidance of irreversible and irretrievable toss of coastal zone resources. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 8 of 26 e. Ecological planning principles and assumptions to be used in the determination of suitability and extent of permitted development. f. Proposed management and regulatory techniques. g. Limitation of public expenditures that subsidize development in high -hazard coastal areas. h. Protection of human life against the effects of natural disasters. i. The orderly development, maintenance, and use of ports identified in s. 403.021(9) to facilitate deepwater commercial navigation and other related activities. j. Preservation, including sensitive adaptive use of historic and archaeological resources. 2. As part of this element, a local government that has a coastal management element in its comprehensive plan is encouraged to adopt recreational surface water use policies that include applicable criteria for and consider such factors as natural resources, manatee protection needs, protection of working waterfronts and public access to the water, and recreation and economic demands. Criteria for manatee protection in the recreational surface water use policies should reflect applicable guidance outlined in the Boat Facility Siting Guide prepared by the Fish and Wildlife Conservation Commission. If the local government elects to adopt recreational surface water use policies by comprehensive plan amendment, such comprehensive plan amendment is exempt from the provisions of s. 163.3187(1). Local governments that wish to adopt recreational surface water use policies may be eligible for assistance with the development of such policies through the Florida Coastal Management Program. The Office of Program Policy Analysis and Government Accountability shall submit a report on the adoption of recreational surface water use policies under this subparagraph to the President of the Senate, the Speaker of the House of Representatives, and the majority and minority leaders of the Senate and the House of Representatives no later than December 1, 2010. (h)1. An intergovernmental coordination element showing relationships and stating principles and guidelines to be used in the accomplishment of coordination of 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. 373.0361, as the. case may require and as such adopted plans or plans in preparation may exist. This element of the local comprehensive plan shall 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 shall provide procedures to identify and implement joint planning areas, especially for the purpose of annexation, municipal incorporation, and joint infrastructure service areas. b. The intergovernmental coordination element shall provide for recognition of campus master plans prepared pursuant to s. 1013.30 and airport master plans under paragraph (k). http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Sunshine Page 9 of 26 c. The intergovernmental coordination element shall provide for a dispute resolution process as established pursuant to s. 186.509 for bringing to closure in a timely manner intergovernmental disputes. d. The intergovernmental coordination element shall provide for interlocal agreements as established pursuant to s. 333.03(1)(b). 2. The intergovernmental coordination element shall further state principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards and other units of local government providing facilities and services but not having regulatory authority over the use of land. In addition, the intergnvernmentat rnordination element shalt 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. Within 1 year of 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. 3. To foster coordination between special districts and local general-purpose governments as local general-purpose governments implement local comprehensive plans, each independent special district must submit a public facilities report to the appropriate local government as required by s. 189.415. 4.a. Local governments shalt execute an interlocal agreement with the district school board, the county, and nonexempt municipalities pursuant to s. 163.31777. The local government shall amend the intergovernmental coordination element to provide that coordination between the local government and school board is pursuant to the agreement and shall state the obligations of the local government under the agreement. b. Plan amendments that comply with this subparagraph are exempt from the provisions of s. 163.3187 (1). 5. The state land planning agency shall establish a schedule for phased completion and transmittal of plan amendments to implement subparagraphs 1., 2., and 3. from all jurisdictions so as to accomplish their adoption by December 31, 1999. A local government may complete and transmit its plan amendments to carry out these provisions prior to the scheduled date established by the state land planning agency. The plan amendments are exempt from the provisions of s. 163.3187(1). 6. By January 1, 2004, any county having a population greater than 100,000, and the municipalities and special districts within that county, shall submit a report to the Department of Community Affairs which: a. Identifies all existing or proposed interlocal service delivery agreements regarding the following: education; sanitary sewer; public safety; solid waste; drainage; potable water; parks and recreation; and transportation facilities. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 10 of 26 b. Identifies any deficits or duplication in the provision of services within its jurisdiction, whether capital or operational. Upon request, the Department of Community Affairs shall provide technical assistance to the local governments in identifying deficits or duplication. 7. Within 6 months after submission of the report, the Department of Community Affairs shall, through the appropriate regional planning council, coordinate a meeting of all local governments within the regional planning area to discuss the reports and potential strategies to remedy any identified deficiencies or duplications. 8. Each local government shall update its intergovernmental coordination element based upon the findings in the rennrt siihmitted niirsiIna to ciihnaraoranh h ThP rannrt may ha iicerl as cimnnrtino data and analysis for the intergovernmental coordination element. (i) The optional elements of the comprehensive plan in paragraphs (7)(a) and (b) are required elements for those municipalities having populations greater than 50,000, and those counties having populations greater than 75,000, as determined under s. 186.901. (j) For each unit of local government within an urbanized area designated for purposes of s. 339.175, a transportation element, which must be prepared and adopted in lieu of the requirements of paragraph (b) and paragraphs (7)(a), (b), (c), and (d) and which shall address the following issues: 1. Traffic circulation, including major thoroughfares and other routes, including bicycle and pedestrian ways. 2. All alternative modes of travel, such as public transportation, pedestrian, and bicycle travel. 3. Parking facilities. 4. Aviation, rail, seaport facilities, access to those facilities, and intermodal terminals. 5. The availability of facilities and services to serve existing land uses and the compatibility between future land use and transportation elements. 6. The capability to evacuate the coastal population prior to an impending natural disaster. 7. Airports, projected airport and aviation development, and land use compatibility around airports, which includes areas defined in ss. 333.01 and 333.02. 8. An identification of land use densities, building intensities, and transportation management programs to promote public transportation systems in designated public transportation corridors so as to encourage population densities sufficient to support such systems. 9. May include transportation corridors, as defined in s. 334.03, intended for future transportation facilities designated pursuant to s. 337.273. If transportation corridors are designated, the local government may adopt a transportation corridor management ordinance. 10. The incorporation of transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 11 of 26 (k) 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 metropolitan planning organization long-range transportation plans; and 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, shall not be 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 abandon 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 is void. (7) The comprehensive plan may include the following additional elements, or portions or phases thereof: (a) As a part of the circulation element of paragraph (6)(b) or as a separate element, a mass -transit element showing proposed methods for the moving of people, rights -of -way, terminals, related facilities, and fiscal considerations for the accomplishment of the element. (b) As a part of the circulation element of paragraph (6)(b) or as a separate element, plans for port, aviation, and related facilities coordinated with the general circulation and transportation element. (c) As a part of the circulation element of paragraph (6)(b) and in coordination with paragraph (6)(e), where applicable, a plan element for the circulation of recreational traffic, including bicycle facilities, exercise trails, riding facilities, and such other matters as may be related to the improvement and safety of movement of all types of recreational traffic. (d) As a part of the circulation element of paragraph (6)(b) or as a separate element, a plan element for the development of offstreet parking facilities for motor vehicles and the fiscal considerations for the accomplishment of the element. (e) A public buildings and related facilities element showing locations and arrangements of civic and community centers, public schools, hospitals, libraries, police and fire stations, and other public buildings. This plan element should show particularly how it is proposed to effect coordination with governmental units, such as school boards or hospital authorities, having public development and service http://www.leg.state.fl.us/Statutes/index.cfm?App_rode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 12 of 26 responsibilities, capabilities, and potential but not having land development regulatory authority. This element may include plans for architecture and landscape treatment of their grounds. (f) A recommended community design element which may consist of design recommendations for land subdivision, neighborhood development and redevelopment, design of open space locations, and similar matters to the end that such recommendations may be available as aids and guides to developers in the future planning and development of land in the area. (g) A general area redevelopment element consisting of plans and programs for the redevelopment of slums and blighted locations in the area and for community redevelopment, including housing sites, business and industrial sites, public buildings sites, recreational facilities, and other purposes authorized by taw. (h) A safety element for the protection of residents and property of the area from fire, hurricane, or manmade or natural catastrophe, including such necessary features for protection as evacuation routes and their control in an emergency, water supply requirements, minimum road widths, clearances around and elevations of structures, and similar matters., (i) An historical and scenic preservation element setting out plans and programs for those structures or lands in the area having historical, archaeological, architectural, scenic, or similar significance. (j) An economic element setting forth principles and guidelines for the commercial and industrial development, if any, and the employment and personnel utilization within the area. The element may detail the type of commercial and industrial development sought, correlated to the present and projected employment needs of the area and to other elements of the plans, and may set forth methods by which a balanced and stable economic base will be pursued. (k) Such other elements as may be peculiar to, and necessary for, the area concerned and as are added to the comprehensive plan by the governing body upon the recommendation of the local planning agency. (l) Local governments that are not required to prepare coastal management elements under s. 163.3178 are encouraged to adopt hazard mitigation/postdisaster redevelopment plans. These plans should, at a minimum, establish tong -term policies regarding redevelopment, infrastructure, densities, nonconforming uses, and future land use patterns. Grants to assist local governments in the preparation of these hazard mitigation/postdisaster redevelopment plans shall be available through the Emergency Management Preparedness and Assistance Account in the Grants and Donations Trust Fund administered by the department, if such account is created by law. The plans must be in compliance with the requirements of this act and chapter 252. (8) All elements of the comprehensive plan, whether mandatory or optional, shall be based upon data appropriate to the element involved. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, and supporting documents shall be made available to public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 13 of 26 (9) The state land planning agency shall, by February 15, 1986, adopt by rule minimum criteria for the review and determination of compliance of the local government comprehensive plan elements required by this act. Such rules shall not be subject to rule challenges under s. 120.56(2) or to drawout proceedings under s. 120.54(3)(c)2. Such rules shall become effective only after they have been submitted to the President of the Senate and the Speaker of the House of Representatives for review by the Legislature no later than 30 days prior to the next regular session of the Legislature. In its review the Legislature may reject, modify, or take no action relative to the rules. The agency shall conform the rules to the changes made by the Legislature, or, if no action was taken, the agency rules shall become effective. The rule shalt include criteria for determining whether: (a) Proposed elements are in compliance with the requirements of part ii, as amended by this act. (b) Other elements of the comprehensive plan are related to and consistent with each other. (c) The local government comprehensive plan elements are consistent with the state comprehensive plan and the appropriate regional policy plan pursuant to s. 186.508. (d) Certain bays, estuaries, and harbors that fall under the jurisdiction of more than one local government are managed in a consistent and coordinated manner in the case of local governments required to include a coastal management element in their comprehensive plans pursuant to paragraph (6)(g). (e) Proposed elements identify the mechanisms and procedures for monitoring, evaluating, and appraising implementation of the plan. Specific measurable objectives are included to provide a basis for evaluating effectiveness as required by s. 163.3191. (f) Proposed elements contain policies to guide future decisions in a consistent manner. (g) Proposed elements contain programs and activities to ensure that comprehensive plans are implemented. (h) Proposed elements identify the need for and the processes and procedures to ensure coordination of all development activities and services with other units of local government, regional planning agencies, water management districts, and state and federal agencies as appropriate. The state land planning agency may adopt procedural rules that are consistent with this section and chapter 120 for the review of local government comprehensive plan elements required under this section. The state land planning agency shall provide model plans and ordinances and, upon request, other assistance to local governments in the adoption and implementation of their revised local government comprehensive plans. The review and comment provisions applicable prior to October 1, 1985, shall continue in effect until the criteria for review and determination are adopted pursuant to this subsection and the comprehensive plans required by s. 163.3167(2) are due. (10) The Legislature recognizes the importance and significance of chapter 9J-5, Florida Administrative Code, the Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance of the Department of Community Affairs that will be used to determine compliance of local comprehensive plans. The Legislature reserved unto itself the right to review chapter 9J-5, Florida http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 14 of 26 Administrative Code, and to reject, modify, or take no action relative to this rule. Therefore, pursuant to subsection (9), the Legislature hereby has reviewed chapter 9J-5, Florida Administrative Code, and expresses the following legislative intent: (a) The Legislature finds that in order for the department to review local comprehensive plans, it is necessary to define the term "consistency." Therefore, for the purpose of determining whether local comprehensive plans are consistent with the state comprehensive plan and the appropriate regional policy plan, a local plan shall be consistent with such plans if the local plan is "compatible with" and "furthers" such plans. The term "compatible with" means that the local plan is not in conflict with the state comprehensive plan or appropriate regional policy plan. The term "furthers" means to take action in the direction of realizing goals or policies of the state or regional plan. For the purposes of determining consistency of the local plan with the state comprehensive plan or the appropriate regional policy plan, the state or regional plan shall be construed as a whole and no specific goal and policy shall be construed or applied in isolation from the other goals and policies in the plans. (b) Each local government shall review all the state comprehensive plan goals and policies and shall address in its comprehensive plan the goals and policies which are relevant to the circumstances or conditions in its jurisdiction. The decision regarding which particular state comprehensive plan goals and policies will be furthered by the expenditure of a local governments financial resources in any given year is a decision which rests solely within the discretion of the local government. Intergovernmental coordination, as set forth in paragraph (6)(h), shall be utilized to the extent required to carry out the provisions of chapter 9J-5, Florida Administrative Code. (c) The Legislature declares that if any portion of chapter 9J-5, Florida Administrative Code, is found to be in conflict with this part, the appropriate statutory provision shall prevail. (d) Chapter 9J-5, Florida Administrative Code, does not mandate the creation, limitation, or elimination of regulatory authority, nor does it authorize the adoption or require the repeal of any rules, criteria, or standards of any local, regional, or state agency. (e) It is the Legislature's intent that support data or summaries thereof shall not be subject to the compliance review process, but the Legislature intends that goals and policies be clearly based on appropriate data. The department may utilize support data or summaries thereof to aid in its determination of compliance and consistency. The Legislature intends that the department may evaluate the application of a methodology utilized in data collection or whether a particular methodology is professionally accepted. However, the department shall not evaluate whether one accepted methodology is better than another. Chapter 9J-5, Florida Administrative Code, shall not be construed to require original data collection by local governments; however, local governments are not to be discouraged from utilizing original data so long as methodologies are professionally accepted. (f) The Legislature recognizes that under this section, local governments are charged with setting levels of service for public facilities in their comprehensive plans in accordance with which development orders and permits will be issued pursuant to s. 163.3202(2)(g). Nothing herein shall supersede the authority of state, regional, or local agencies as otherwise provided by law. (g) Definitions contained in chapter 9J-5, Florida Administrative Code, are not intended to modify or amend the definitions utilized for purposes of other programs or rules or to establish or limit regulatory http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 15 of 26 authority. Local governments may establish alternative definitions in local comprehensive plans, as long as such definitions accomplish the intent of this chapter, and chapter 9J-5, Florida Administrative Code. (h) It is the intent of the Legislature that public facilities and services needed to support development shall be available concurrent with the impacts of such development in accordance with s. 163.3180. In meeting this intent, public facility and service availability shall be deemed sufficient if the public facilities and services for a development are phased, or the development is phased, so that the public facilities and those related services which are deemed necessary by the local government to operate the facilities necessitated by that development are available concurrent with the impacts of the development. The public facilities and services, unless already available, are to be consistent with the capital improvements element of the local comprehensive plan as required by paragraph (3)(a) or guaranteed in an enforceable development agreement. This shall include development agreements pursuant to this chapter or in an agreement or a development order issued pursuant to chapter 380. Nothing herein shall be construed to require a local government to address services in its capital improvements plan or to limit a local governments ability to address any service in its capital improvements plan that it deems necessary. (i) The department shall take into account the factors delineated in rule 9J-5.002(2), Florida Administrative Code, as it provides assistance to local governments and applies the rule in specific situations with regard to the detail of the data and analysis required. (j) Chapter 9J-5, Florida Administrative Code, has become effective pursuant to subsection (9). The Legislature hereby directs the department to adopt amendments as necessary which conform chapter 9J -5, Florida Administrative Code, with the requirements of this legislative intent by October 1, 1986. (k) So that local governments are able to prepare and adopt comprehensive plans with knowledge of the rules that will be applied to determine consistency of the plans with provisions of this part, it is the intent of the Legislature that there should be no doubt as to the legal standing of chapter 9J-5, Florida Administrative Code, at the close of the 1986 legislative session. Therefore, the Legislature declares that changes made to chapter 9J-5, Florida Administrative Code, prior to October 1, 1986, shall not be subject to rule challenges under s. 120.56(2), or to drawout proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative Code, as amended, shall be subject to rule challenges under s. 120.56(3), as nothing herein shall be construed to indicate approval or disapproval of any portion of chapter 9J-5, Florida Administrative Code, not specifically addressed herein. No challenge pursuant to s. 120.56(3) may be filed from July 1, 1987, through April 1, 1993. Any amendments to chapter 9J-5, Florida Administrative Code, exclusive of the amendments adopted prior to October 1, 1986, pursuant to this act, shall be subject to the full chapter 120 process. All amendments shall have effective dates as provided in chapter 120 and submission to the President of the Senate and Speaker of the House of Representatives shall not be required. (l) The state land planning agency shall consider land use compatibility issues in the vicinity of all airports in coordination with the Department of Transportation and adjacent to or in close proximity to all military installations in coordination with the Department of Defense. (11)(a) The Legislature recognizes the need for innovative planning and development strategies which will address the anticipated demands of continued urbanization of Florida's coastal and other environmentally sensitive areas, and which will accommodate the development of less populated regions http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_ Statute& S earch String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 16 of 26 of the state which seek economic development and which have suitable land and water resources to accommodate growth in an environmentally acceptable manner. The Legislature further recognizes the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost-efficient delivery of public facilities and services. (b) It is the intent of the Legislature that the local government comprehensive plans and plan amendments adopted pursuant to the provisions of this part provide for a planning process which allows for land use efficiencies within existing urban areas and which also allows for the conversion of rural lands to other uses, where appropriate and consistent with the other provisions of this part and the affected local comprehensive plans, through the application of innovative and flexible planning and development strategies and creative land use planning techniques, which may include, but not be limited to, urban villages, new towns, satellite communities, area -based allocations, clustering and open space provisions, mixed -use development, and sector planning. (c) It is the further intent of the Legislature that local government comprehensive plans and implementing land development regulations shall provide strategies which maximize the use of existing facilities and services through redevelopment, urban infill development, and other strategies for urban revitalization. (d)1. The department, in cooperation with the Department of Agriculture and Consumer Services, the Department of Environmental Protection, water management districts, and regional planning councils, shall provide assistance to local governments in the implementation of this paragraph and rule 9J-5.006 (5)(l), Florida Administrative Code. Implementation of those provisions shall include a process by which the department may authorize local governments to designate all or portions of lands classified in the future land use element as predominantly agricultural, rural, open, open -rural, or a substantively equivalent land use, as a rural land stewardship area within which planning and economic incentives are applied to encourage the implementation of innovative and flexible planning and development strategies and creative land use planning techniques, including those contained herein and in rule 9J- 5.006(5)(l), Florida Administrative Code. Assistance may include, but is not limited to: a. Assistance from the Department of Environmental Protection and water management districts in creating the geographic information systems land cover database and aerial photogrammetry needed to prepare for a rural land stewardship area; b. Support for local government implementation of rural land stewardship concepts by providing information and assistance to local governments regarding land acquisition programs that may be used by the local government or landowners to leverage the protection of greater acreage and maximize the effectiveness of rural land stewardship areas; and c. Expansion of the role of the Department of Community Affairs as a resource agency to facilitate establishment of rural land stewardship areas in smaller rural counties that do not have the staff or planning budgets to create a rural land stewardship area. 2. The department shall encourage participation by local governments of different sizes and rural characteristics in establishing and implementing rural land stewardship areas. It is the intent of the Legislature that rural land stewardship areas be used to further the following broad principles of rural http://www.leg.state.ifus/Statutes/index.efm?App_mode—Display Statute& S earch_S tring... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 17 of 26 sustainability: restoration and maintenance of the economic value of rural land; control of urban sprawl; identification and protection of ecosystems, habitats, and natural resources; promotion of rural economic activity; maintenance of the viability of Florida's agricultural economy; and protection of the character of rural areas of Florida. Rural land stewardship areas may be multicounty in order to encourage coordinated regional stewardship planning. 3. A local government, in conjunction with a regional planning council, a stakeholder organization of private land owners, or another local government, shall notify the department in writing of its intent to designate a rural land stewardship area. The written notification shall describe the basis for the designation, including the extent to which the rural land stewardship area enhances rural land values, controls urban sprawl, provides necessary open space for agriculture and protection of the natural environment, promotes rural economic activity, and maintains rural character and the economic viability of agriculture. 4. A rural land stewardship area shall be not less than 10,000 acres and shall be located outside of municipalities and established urban growth boundaries, and shall be designated by plan amendment. The plan amendment designating a rural land stewardship area shall be subject to review by the Department of Community Affairs pursuant to s. 163.3184 and shall provide for the following: a. Criteria for the designation of receiving areas within rural land stewardship areas in which innovative planning and development strategies may be applied. Criteria shall at a minimum provide for the following: adequacy of suitable land to accommodate development so as to avoid conflict with environmentally sensitive areas, resources, and habitats; compatibility between and transition from higher density uses to lower intensity rural uses; the establishment of receiving area service boundaries which provide for a separation between receiving areas and other land uses within the rural land stewardship area through limitations on the extension of services; and connection of receiving areas with the rest of the rural land stewardship area using rural design and rural road corridors. b. Goals, objectives, and policies setting forth the innovative planning and development strategies to be applied within rural land stewardship areas pursuant to the provisions of this section. c. A process for the implementation of innovative planning and development strategies within the rural land stewardship area, including those described in this subsection and rule 9J-5.006(5)(t), Florida Administrative Code, which provide for a functional mix of land uses, including adequate available workforce housing, including low, very -low and moderate income housing for the development anticipated in the receiving area and which are applied through the adoption by the local government of zoning and land development regulations applicable to the rural land stewardship area. d. A process which encourages visioning pursuant to s. 163.3167(11) to ensure that innovative planning and development strategies comply with the provisions of this section. e. The control of sprawl through the use of innovative strategies and creative land use techniques consistent with the provisions of this subsection and rule 9J-5.006(5)(l), Florida Administrative Code. 5. A receiving area shall be designated by the adoption of a land development regulation. Prior to the designation of a receiving area, the local government shall provide the Department of Community Affairs a period of 30 days in which to review a proposed receiving area for consistency with the rural land stewardship area plan amendment and to provide comments to the local government. At the time http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 18 of 26 of designation of a stewardship receiving area, a listed species survey will be performed. If listed species occur on the receiving area site, the developer shall coordinate with each appropriate local, state, or federal agency to determine if adequate provisions have been made to protect those species in accordance with applicable regulations. In determining the adequacy of provisions for the protection of listed species and their habitats, the rural land stewardship area shall be considered as a whole, and the impacts to areas to be developed as receiving areas shall be considered together with the environmental benefits of areas protected as sending areas in fulfilling this criteria. 6. Upon the adoption of a plan amendment creating a rural land stewardship area, the local government shall, by ordinance, establish the methodology for the creation, conveyance, and use of transferable rural land use credits, otherwise referred to as stewardship credits, the application of which shall not constitute a right to develop land, nor increase density of land, except as provided by this section. The total amount of transferable rural land use credits within the rural land stewardship area must enable the realization of the long-term vision and goals for the 25-year or greater projected population of the rural land stewardship area, which may take into consideration the anticipated effect of the proposed receiving areas. Transferable rural land use credits are subject to the following limitations: a. Transferable rural land use credits may only exist within a rural land stewardship area. b. Transferable rural land use credits may only be used on lands designated as receiving areas and then solely for the purpose of implementing innovative planning and development strategies and creative land use planning techniques adopted by the local government pursuant to this section. c. Transferable rural land use credits assigned to a parcel of land within a rural land stewardship area shall cease to exist if the parcel of land is removed from the rural land stewardship area by plan amendment. d. Neither the creation of the rural land stewardship area by plan amendment nor the assignment of transferable rural land use credits by the local government shall operate to displace the underlying density of land uses assigned to a parcel of land within the rural land stewardship area; however, if transferable rural land use credits are transferred from a parcel for use within a designated receiving area, the underlying density assigned to the parcel of land shall cease to exist. e. The underlying density on each parcel of land located within a rural land stewardship area shall not be increased or decreased by the local government, except as a result of the conveyance or use of transferable rural land use credits, as long as the parcel remains within the rural land stewardship area. f. Transferable rural land use credits shall cease to exist on a parcel of land where the underlying density assigned to the parcel of land is utilized. g. An increase in the density of use on a parcel of land located within a designated receiving area may occur only through the assignment or use of transferable rural land use credits and shall not require a plan amendment. h. A change in the density of land use on parcels located within receiving areas shall be specified in a development order which reflects the total number of transferable rural land use credits assigned to the http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 19 of 26 parcel of land and the infrastructure and support services necessary to provide for a functional mix of land uses corresponding to the plan of development. i. Land within a rural land stewardship area may be removed from the rural land stewardship area through a plan amendment. j. Transferable rural land use credits may be assigned at different ratios of credits per acre according to the natural resource or other beneficial use characteristics of the land and according to the land use remaining following the transfer of credits, with the highest number of credits per acre assigned to the most environmentally valuable land or, in locations where the retention of open space and agricultural land is a priority, to such lands. k. The use or conveyance of transferable rural land use credits must be recorded in the public records of the county in which the property is located as a covenant or restrictive easement running with the land in favor of the county and either the Department of Environmental Protection, Department of Agriculture and Consumer Services, a water management district, or a recognized statewide land trust. 7. Owners of land within rural land stewardship areas should be provided incentives to enter into rural land stewardship agreements, pursuant to existing law and rules adopted thereto, with state agencies, water management districts, and local governments to achieve mutually agreed upon conservation objectives. Such incentives may include, but not be limited to, the following: a. Opportunity to accumulate transferable mitigation credits. b. Extended permit agreements. c. Opportunities for recreational leases and ecotourism. d. Payment for specified land management services on publicly owned land, or property under covenant or restricted easement in favor of a public entity. e. Option agreements for sate to public entities or private land conservation entities, in either fee or easement, upon achievement of conservation objectives. 8. The department shall report to the Legislature on an annual basis on the results of implementation of rural land stewardship areas authorized by the department, including successes and failures in achieving the intent of the Legislature as expressed in this paragraph. (e) The Legislature finds that mixed -use, high -density development is appropriate for urban infill and redevelopment areas. Mixed -use projects accommodate a variety of uses, including residential and commercial, and usually at higher densities that promote pedestrian -friendly, sustainable communities. The Legislature recognizes that mixed -use, high -density development improves the quality of life for residents and businesses in urban areas. The Legislature finds that mixed -use, high -density redevelopment and infill benefits residents by creating a livable community with alternative modes of transportation. Furthermore, the Legislature finds that local zoning ordinances often discourage mixed - use, high -density development in areas that are appropriate for urban infill and redevelopment. The Legislature intends to discourage single -use zoning in urban areas which often leads to lower -density, land -intensive development outside an urban service area. Therefore, the Department of Community http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 20 of 26 Affairs shall provide technical assistance to local governments in order to encourage mixed -use, high - density urban infill and redevelopment projects. (f) The Legislature finds that a program for the transfer of development rights is a useful tool to preserve historic buildings and create public open spaces in urban areas. A program for the transfer of development rights allows the transfer of density credits from historic properties and public open spaces to areas designated for high -density development. The Legislature recognizes that high -density development is integral to the success of many urban infill and redevelopment projects. The Legislature intends to encourage high -density urban infill and redevelopment white preserving historic structures and open spaces. Therefore, the Department of Community Affairs shall provide technical assistance to local governments in order to promote the transfer of development rights within urban areas for high - density infill and redevelopment projects. (g) The implementation of this subsection shalt be subject to the provisions of this chapter, chapters 186 and 187, and applicable agency rules. (h) The department may adopt rules necessary to implement the provisions of this subsection. (12) A public school facilities element adopted to implement a school concurrency program shall meet the requirements of this subsection. Each county and each municipality within the county, unless exempt or subject to a waiver, must adopt a public school facilities element that is consistent with those adopted by the other local governments within the county and enter the interlocal agreement pursuant to s. 163.31777. (a) The state land planning agency may provide a waiver to a county and to the municipalities within the county if the capacity rate for all schools within the school district is no greater than 100 percent and the projected 5-year capital outlay full-time equivalent student growth rate is less than 10 percent. The state land planning agency may allow for a projected 5-year capital outlay full-time equivalent student growth rate to exceed 10 percent when the projected 10-year capital outlay full-time equivalent student enrollment is less than 2,000 students and the capacity rate for all schools within the school district in the tenth year will not exceed the 100-percent limitation. The state land planning agency may allow for a single school to exceed the 100-percent limitation if it can be demonstrated that the capacity rate for that single school is not greater than 105 percent. In making this determination, the state land planning agency shall consider the following criteria: 1. Whether the exceedance is due to temporary circumstances; 2. Whether the projected 5-year capital outlay full time equivalent student growth rate for the school district is approaching the 10-percent threshold; 3. Whether one or more additional schools within the school district are at or approaching the 100- percent threshold; and 4. The adequacy of the data and analysis submitted to support the waiver request. (b) A municipality in a nonexempt county is exempt if the municipality meets all of the following criteria for having no significant impact on school attendance: http://www.leg.state.fl.us/Statutes/index.cfin?Appmode=Display Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 21 of 26 1. The municipality has issued development orders for fewer than 50 residential dwelling units during the preceding 5 years, or the municipality has generated fewer than 25 additional public school students during the preceding 5 years. 2. The municipality has not annexed new land during the preceding 5 years in land use categories that permit residential uses that will affect school attendance rates. 3. The municipality has no public schools located within its boundaries. (c) A public school facilities element shall be based upon data and analyses that address, among other items, how level -of -service standards will be achieved and maintained. Such data and analyses must include, at a minimum, such items as: the interlocal agreement adopted pursuant to s. 163.31777 and the 5-year school district facilities work program adopted pursuant to s. 1013.35; the educational plant survey prepared pursuant to s. 1013.31 and an existing educational and ancillary plant map or map series; information on existing development and development anticipated for the next 5 years and the long-term planning period; an analysis of problems and opportunities for existing schools and schools anticipated in the future; an analysis of opportunities to collocate future schools with other public facilities such as parks, libraries, and community centers; an analysis of the need for supporting public facilities for existing and future schools; an analysis of opportunities to locate schools to serve as community focal points; projected future population and associated demographics, including development patterns year by year for the upcoming 5-year and long-term planning periods; and anticipated educational and ancillary plants with land area requirements. (d) The element shall contain one or more goals which establish the long-term end toward which public school programs and activities are ultimately directed. (e) The element shall contain one or more objectives for each goal, setting specific, measurable, intermediate ends that are achievable and mark progress toward the goal. (f) The element shall contain one or more policies for each objective which establish the way in which programs and activities will be conducted to achieve an identified goal. (g) The objectives and policies shall address items such as: 1. The procedure for an annual update process; 2. The procedure for school site selection; 3. The procedure for school permitting; 4. Provision for infrastructure necessary to support proposed schools, including potable water, wastewater, drainage, solid waste, transportation, and means by which to assure safe access to schools, including sidewalks, bicycle paths, turn lanes, and signalization; 5. Provision for colocation of other public facilities, such as parks, libraries, and community centers, in proximity to public schools; 6. Provision for location of schools proximate to residential areas and to complement patterns of development, including the location of future school sites so they serve as community focal points; http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_ Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 22 of 26 7. Measures to ensure compatibility of school sites and surrounding land uses; 8. Coordination with adjacent local governments and the school district on emergency preparedness issues, including the use of public schools to serve as emergency shelters; and 9. Coordination with the future land use element. (h) The element shall include one or more future conditions maps which depict the anticipated location of educational and ancillary plants, including the general location of improvements to existing schools or new schools anticipated over the 5-year or long-term planning period. The maps will of necessity be general for the long-term planning period and more specific for the 5-year period. Maps indicating general locations of future schools or school improvements may not prescribe a land use on a particular parcel of land. (i) The state land planning agency shall establish a phased schedule for adoption of the public school facilities element and the required updates to the public schools interlocal agreement pursuant to s. 163.31777. The schedule shall provide for each county and local government within the county to adopt the element and update to the agreement no later than December 1, 2008. Plan amendments to adopt a public school facilities element are exempt from the provisions of s. 163.3187(1). (j) The state land planning agency may issue a notice to the school board and the local government to show cause why sanctions should not be enforced for failure to enter into an approved interlocal agreement as required by s. 163.31777 or for failure to implement provisions relating to public school concurrency. If the state land planning agency finds that insufficient cause exists for the school board's or local governments failure to enter into an approved interlocal agreement as required by s. 163.31777 or for the school board's or local government's failure to implement the provisions relating to public school concurrency, the state land planning agency shall submit its finding to the Administration Commission which may impose on the local government any of the sanctions set forth in s. 163.3184(11) (a) and (b) and may impose on the district school board any of the sanctions set forth in s. 1008.32(4). (13) Local governments are encouraged to develop a community vision that provides for sustainable growth, recognizes its fiscal constraints, and protects its natural resources. At the request of a local government, the applicable regional planning council shall provide assistance in the development of a community vision. (a) As part of the process of developing a community vision under this section, the local government must hold two public meetings with at least one of those meetings before the local planning agency. Before those public meetings, the local government must hold at least one public workshop with stakeholder groups such as neighborhood associations, community organizations, businesses, private property owners, housing and development interests, and environmental organizations. (b) The local government must, at a minimum, discuss five of the following topics as part of the workshops and public meetings required under paragraph (a): 1. Future growth in the area using population forecasts from the Bureau of Economic and Business Research; 2. Priorities for economic development; http://www.leg.state.fl.us/Statutes/index.cfrn?App_mode=Display_ Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 23 of 26 3. Preservation of open space, environmentally sensitive lands, and agricultural lands; 4. Appropriate areas and standards for mixed -use development; 5. Appropriate areas and standards for high -density commercial and residential development; 6. Appropriate areas and standards for economic development opportunities and employment centers; 7. Provisions for adequate workforce housing; 8. An efficient, interconnected multimodal transportation system; and 9. Opportunities to create land use patterns that accommodate the issues listed in subparagraphs 1.-8. (c) As part of the workshops and public meetings, the local government must discuss strategies for addressing the topics discussed under paragraph (b), including: 1. Strategies to preserve open space and environmentally sensitive lands, and to encourage a healthy agricultural economy, including innovative planning and development strategies, such as the transfer of development rights; 2. Incentives for mixed -use development, including increased height and intensity standards for buildings that provide residential use in combination with office or commercial space; 3. Incentives for workforce housing; 4. Designation of an urban service boundary pursuant to subsection (2); and 5. Strategies to provide mobility within the community and to protect the Strategic Intermodal System, including the development of a transportation corridor management plan under s. 337.273. (d) The community vision must reflect the community's shared concept for growth and development of the community, including visual representations depicting the desired land use patterns and character of the community during a 10-year planning timeframe. The community vision must also take into consideration economic viability of the vision and private property interests. (e) After the workshops and public meetings required under paragraph (a) are held, the local government may amend its comprehensive plan to include the community vision as a component in the plan. This plan amendment must be transmitted and adopted pursuant to the procedures in ss. 163.3184 and 163.3189 at public hearings of the governing body other than those identified in paragraph (a). (f) Amendments submitted under this subsection are exempt from the limitation on the frequency of plan amendments in s. 163.3187. (g) A local government that has developed a community vision or completed a visioning process after July 1, 2000, and before July 1, 2005, which substantially accomplishes the goals set forth in this subsection and the appropriate goals, policies, or objectives have been adopted as part of the comprehensive plan or reflected in subsequently adopted land development regulations and the plan amendment incorporating the community vision as a component has been found in compliance is eligible for the incentives in s. 163.3184(17). http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_ Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 24 of 26 (14) Local governments are also encouraged to designate an urban service boundary. This area must be appropriate for compact, contiguous urban development within a 10-year planning timeframe. The urban service area boundary must be identified on the future land use map or map series. The local government shall demonstrate that the land included within the urban service boundary is served or is planned to be served with adequate public facilities and services based on the local government's adopted level -of -service standards by adopting a 10-year facilities plan in the capital improvements element which is financially feasible. The local government shall demonstrate that the amount of land within the urban service boundary does not exceed the amount of land needed to accommodate the projected population growth at densities consistent with the adopted comprehensive plan within the 10- year planning timeframe. (a) As part of the process of establishing an urban service boundary, the local government must hold two public meetings with at least one of those meetings before the local planning agency. Before those public meetings, the local government must hold at least one public workshop with stakeholder groups such as neighborhood associations, community organizations, businesses, private property owners, housing and development interests, and environmental organizations. (b)1. After the workshops and public meetings required under paragraph (a) are held, the local government may amend its comprehensive plan to include the urban service boundary. This plan amendment must be transmitted and adopted pursuant to the procedures in ss. 163.3184 and 163.3189 at meetings of the governing body other than those required under paragraph (a). 2. This subsection does not prohibit new development outside an urban service boundary. However, a local government that establishes an urban service boundary under this subsection is encouraged to require a full -cost -accounting analysis for any new development outside the boundary and to consider the results of that analysis when adopting a plan amendment for property outside the established urban service boundary. (c) Amendments submitted under this subsection are exempt from the limitation on the frequency of plan amendments in s. 163.3187. (d) A local government that has adopted an urban service boundary before July 1, 2005, which substantially accomplishes the goals set forth in this subsection is not required to comply with paragraph (a) or subparagraph 1. of paragraph (b) in order to be eligible for the incentives under s. 163.3184(17). In order to satisfy the provisions of this paragraph, the local government must secure a determination from the state land planning agency that the urban service boundary adopted before July 1, 2005, substantially complies with the criteria of this subsection, based on data and analysis submitted by the local government to support this determination. The determination by the state land planning agency is not subject to administrative challenge. (15)(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. http://www.leg.state.fl.us/Statutes/index.cfm?App_inode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 25 of 26 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 critical economic concern. 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 critical economic concern. (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. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 8/29/2014 Statutes & Constitution :View Statutes :->2009->Ch0163->Section 3177 : Online Suns... Page 26 of 26 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 to be consistent with rule 9J-5.006(5), Florida Administrative Code. 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 subsection (11), or any comprehensive plan amendment that includes an inland port terminal or affiliated port development. (e) Nothing in this subsection shall be construed to confer the status of rural area of critical economic concern, 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. 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