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HomeMy WebLinkAboutBack-Up from Law Department8/22/2016 Statutes & Constitution :view Statutes :Online Sunshine Select Year; X20I vJ Go.;::. I_ _ The 2o16 Florida Statutes Title Xi Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Cha te.r RELATIONS PROGRAMS 163,3161 Short title; intent and purpose.— (1) This part shall be known and may be cited as the "Community Planning Act." (2) It is the purpose of this act to utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and manage future development consistent with the proper role of local government. (3) It is the intent of this act to focus the state role in managing, growth under this act to protecting the functions of important state resources and facilities, (4) It is the intent of this act that local 'governments have the ability to preserve and enhance present advantages; encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of local government can preserve, promote, protect, and improve the.public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient provision of transportation., wader, sewerage, schools, parks, recreational facilities,. housing, and other requirements and services; and conserve, develop, utilize, and protect natural resources within their jurisdictions, (5) It is the intent of this act to encourage and ensure cooperation between and among municipalities and counties and to encourage and ensure coordination of planning and development activities of units of local government with the planning activities of regional agencies and state government in accord with applicable provisions of law, (6) It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act. (7) It is the intent of this act that the activities of units of local government in the preparation and adoption of comprehensive plans, or elements or portions therefor, shall be conducted in conformity with this act, (8) The provisions of this act in their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this act; to protect human, environmental, .social, and economic resources; and to maintain, through orderly .growth and development, the character and stability of present and future land use and development in this state. (9) It is the intent of the Legislature that the repeal of ss, 163.160 through 163.315 by s, 19 of chapter 85.55, Laws of Florida, and amendments to this part by this chapter law, not be interpreted to limit or restrict the powers of municipal. or county officiats, but be interpreted as a recognition of their broad statutory and constitutional powers to plan for and regulate the use of land. It is, further, the intent of the Legislature to reconfirm that ss, 16.3,3161. 1633248 have provided and do provide the necessary statutorydirection and basis for municipal and county officiats to carry out their comprehensive planning and land development regulation powers, duties, and responsibilities, (10) It is. the intent of the Legislature that all governmental entities in this state recognize and respect judicially acknowledged or constitutionally protected private property rights. It is the intent of the Legislature that all rules, ordinances, regulations, comprehensive plans and amendments thereto, and programs adopted .under the authority of http//www,leg,state,fl,us/statutes/index,ofm?App node=DIsplay Statute&Seare String=&URL-0100-0199/0163/Sections/0163.3161.html 1/2 8/22/2016 Statutes & Constitution :View Statutes : Online Sunshine this act must be developed, promulgated, implemented, and applied with sensitivity for private property rights and not be unduly restrictive, and property owners must be free from actions by others which would harm their property or which would constitute an inordinate burden on property rights as those terms are defined in s. 10.001(3)(e) and (f). Full and just compensation or other appropriate relief must be provided to any property owner for a governmental action that is determined to be an invalid exercise of the police power which constitutes a taking, as provided by law. Any such relief must ultimately be determined in a judicial. action. (11) It is the intent of this part that the traditional economic base of this state, -agriculture,, tourism, and military presence,: be "recognized and protected. Further; it is the intent of this part to encourage economic diversification, workforce development, and community planning. (12) Itis the intent of this part that new statutory requirements created by the Legislature will. not require a local government whose plan has`.been found to be in compliance with this part to adopt amendments implementing the new statutory requirements until the evatuation and appraisal period provided ins. 163.3191, unless otherwise specified in law. However, any new amendments must comply with the requirements of this part. History.—ss. 1, 2, ch, 75-257; ss. 1, 20, ch 85 55, s, 1, Ch 93.206, s. 4, ch 2011-139. Copyright © 1995-20167 Ls Florida Legislature • Privacy Statiement Contact Us htfp;//www.legstate.fl.us/statutes/index,efm?App mode=Dlsplay_Statute&Search String=&UR.L=0100-0199101631Sectionsl0163.3161.htm1 2f2 I 8/22/2016 Statutes.& Constitution :View Statutes.: Online Sunshine Select Year: 2016 o The 20:16 Florida Statutes Title X1 Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.3177 Required and optional elements of compre.hens.ive plan; studies and surveys.— (1) The comprehensive plan shall provide the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and. fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain. programs and activities to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies., shall describe how the local government's programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. it is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land. development and use regulations, {a) The comprehensive plan shall consist of elements as described in this section, and may include optional elements. (b) A local government may include, as part of its adopted plan, documents adopted by reference but not incorporated verbatim into the plan. The adoption by reference must identify the title and author of the document and indicate clearly what provisions and edition of the document is .being adopted. (c) The format of these principles and guidelines is at the discretion of the local government, but typically is expressed in goals, objectives, policies, and strategies. (d) The comprehensive plan shall identify procedures for monitoring, evaluating, and appraising implementation of the plan. (e) When a federal, state, or regional. agency has implemented a regulatory program, a local government is not required to duplicate or exceed that regulatory program in its local comprehensive plan. (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, .studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means. to react to it in an appropriate way and to the extent necessary indicated :by the data available on that particular subject :at the time of adoption of the plan or plan amendment at Issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it, Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. http://www,leg,stats.fl,us/statutes/index,cfm?App_mode=D ispl ay_Statute&Search_Stri ng=&URL=01000199/0163/Sections/0163,3177.htm l 1/12 8/22/2016 Statutes & Constitution :View. Statutes; Online Sunshine 2. Data must be taken from professionally accepted. sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated, However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shalt be. based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research'or generated by the local government based 'upon a`professionalty acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as`pubtished.by the' Office of Economic and Demographic Reseech for at least a 10 year planning period unless otherwise limited under.5. 380,05., inctuding related rules of the.Administration.Commission. Absent physical limitations on population.growth., population projections for each municipality, and the unincorporated area within• a county i`nust, at a minimum, be reflective of each area's proportional share of the total county population and the total county population growth. (2) Coordinatonal .of the several elements of the loccomprehensive plan shall be.a major objective of the planning process The several elements of the comprehensive plan shall be consistent. Where data is relevant to several elements, consistent data shall be used,'including populationestimafes and projections untess alternative data can be justified for a plan amendment through new supporting data and analysis. Each map depicting future conditions must reflect the principles, guidelines, and standards within all elements, and each such map must be contained within the comprehensive ptaii. (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 componentouttines principles for construction, extension, or increase incapacity of public facilities, as well as a component that outlines principles for correcting Existing public facility.deficiencies, which are necessary to implement the comprhensive 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 fac lues to meet established acceptable levels. of service,, 4. A schedule of capital trnprovements.which includes any publicly f6ndedproject8 of federal, state, or local government, and which may include privately funded projects for which the local government: has no fiscal responsibility. Projects necessary to ensure that any adopted teVel of -service standards are achieved and maintained for the 5 -year period must be identified as either funded or unfunded and given a level of pri.onty for funding. 5, The schedule must include transportation improvements included. in the appticable'rh ropotitan planning organization's transportation improvement programadopted pursuant to s: 339.175(8) to the extent that such improvements are relied upon to ensure concurrency and financial feasibility.. The schedule must.becoordinated with the applicable metropolitan planning organization's long=range transportation plan adopted :pursuant to s. 339.175(7). (b) The capital improvements element must, be reviewed by the local government on an annual basis. Modifications to update the 5 -year capital improyement schedule may be accomplished by ordinance and may not be deemed to be amendments to the local comprehensive plan. (4)(a) Coordination of the local comprehensive plan with the comprehensive ptans of adjacent municipalities, the county, adjacent. counties, or the region; with the appropriate water management district's regional water supply plans approved pursuant to s. 373.709; and with adopted rules pertaining to designated areas of critical state concern shall be a major- objective of the local comprehensive planning process. To that end, in the preparation of a comprehensive ptan or element thereof,. and in the comprehensive plan or element. as adopted, the governing body shalt include a specificpolicy stateriient indicating the relationship of the proposed, development of the area to the comprehensive plans of adjacent iiunicipalaties; the county, adjacent counties,. or the region, as the case may require and as such adopted plans or plans in preparatidri .may exist.: httpV/www:leg,state.fl.us/statutes/index,cfin7Appimode=Qispl ay_Statute&Searc[t_Str I ng= &URL=0100-019910163/Sections/0163:3177;htmI 8/22/2016 Statutes & Constitution ,View Statutes: Online Sunshine (b) When all or a portion of the land in a local government jurisdiction is or becornes part of a designated area of critical state concern, the local government shall clearly identify those portions of the local comprehensive plan that shall be applicable to the critical area and shall indicate the relationship of the proposed development of the area to the rules for the area of critical state concern. (5) (a) Each local government comprehensive plan must include at least two planning periods, one covering at least the first 5 -year period occurring after the plan's adoption and one covering at least a 10 -year period. Additional planning periods for specific components, elements, land use amendments, or projects shall be permissible and accepted as part of the planning process. (b) The comprehensive plan and .its elements shall contain guidelines or policies for the implementation of the plan and its elements, (6) In addition to the requirements of subsections (1)-(5), the comprehensive plan shalt include the following elements:. (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, _conservation, education, public facilities, and -other categories of the public and private usesof land. The approximate acreage and the general range:of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 1. Each future land use category must be defined in terms of uses included, and must include standards to be followed in the control and distribution of population densities and building and structure intensities. The proposed distribution, location, and extent of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies,. and measurable objectives. 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c, The character of undeveloped land. d. The availability of water supplies, public. facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of .the community. f. The compatibility of uses on lands adjacent to or.closely proximate to military installations. g. The compatibility :of uses on lands adjacent to an airport as defined in s, 330.35 and consistent with s. 333,02, h. The discouragement of urban sprawl. i. The. need :for job creation, capital investment, and economic development that will strengthen and diversify the .community's economy. The need to modify land uses and development patterns within antiquated subdivisions. The future land use plan element shall include criteria to be used to: a. Achieve the compatibility of lands adjacent or closely proximate to military installations, considering factors Identified in s. 163..3175(5). b. Achieve the compatibility of lands adjacent to an airport as defined in s.. 330,35 and consistent with s. 333.02. c, Encourage preservation of recreational and .commercial working. waterfronts for water -dependent uses in coastal communities. d. Encourage the location of schools proximate to urban residential areas to the extent passible. e. Coordinate future land uses with the topography and soil conditions, and the availability of facilities and services, f. Ensure the protection of natural and historic. resources.. g. Provide for the compatibility of adjacent land uses. http://www.1eg,state.fl,us/statutes/index.ofm?App mode=Display Statute&Search_String=&URL=0100-0199/0163/Seotions/0163,3177.htm1 3/12 8/22/2016 Statutes & Constitution :View Statutes: Online Sunshine h, Provide guidelines for the implementation of mixed-use development including the types of uses allowed, the percentage distribution among the mix of uses, or other standards, and the density and intensity of each use, 4. The amount of, land designated for future planned uses shall provide a balance of uses that foster vibrant, viable com.munities and economic development opportunities and -address outdated development patterns, such as antiquated subdivisions,.T.he amount of land designated for future land_ uses should allow the operation of real estate markets to provide adequate. choices for permanent and sea: sonalresidents. and business and maynot be limited solely by the projected population The element shall accommodate at least the. minimum amount of land required to accommodate the medium projections as published by the Office of Economic' and Demographic:Research for at least a 10 -year planning period unless otherwise limited.uhder. s, 30,05, including: related rules .of. the. Administration Commission, 5, The future land us an of a county may designate ai eas for pons bte future municipal incorporation.. 6. The land use maps or .map series shall generally identify `and depict historic district boundaries and shall designate historically significant properties meriting protection: 7,: The future land use element must clearly identify,,the land. use categories in which.pubt`Ic schools are an allowable use When delneating.the land use categones in which public schools are an allowable;use, a local government shall include in the_categores sufficient land proximate. to residential development to meet the projected needs for schools in coordination withpublic 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 exteot.possible, within:the land` use categories in which public schools are an.allowable. use. 8, Future land_ use .map, amendments shall be based. upon tf e. fallowing analyses; , — a, An"analysis, of the availability of facilitt:es .and services. b. An'analysis of the suitability ofthe plan amendment for its proposed .use considering the.character of the undeveloped and, soils, topography; natural resources;, and historic; resources on site. .c; An analysis of:the minimum amount of land needed to achieve tiie goals and requirements of this section, 9. The future land use element and any amendment to the, future land use element shall: discourage the proliferation of urban sprawl: a. The primary.fndicators that a plan or plan amendment does not discourage the proliferation of urban sprawl are listed below, The evaluation' of the presence of these indicators sha.11,con.sist of an_analysis of the [an or plan amendment within the :context of.. features and characteristics unique to each locality in order to determine whether the ptan or plan amendment: (1) Prdmotes, allows or designates for developmentsubstantial areas of the jurisdiction to develop as low - intensity, tow density, or single use d6elopment or uses. (11) Promotes, allows, or designates significant amounts of urban development to occur in. rural: areas 'at . substahti:al distances frorn existing urban.' reaswhile not'using undeveloped lands that are available and suitable for development. (111) Promotes, allows, or designates urban. development in radial;. strip, isolated; or ribbon patterns generally emanating from existing urban developments; (iV) Fails to adequately protect and conserve natural resources 'such as wetlands, floodptains;` native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine% systems, and other,s..ignificant:naturat:systerns. (V). Fails to adequately protect adjacent agricultural areas and activities, including silviculture, active agricultural andsitvicultural activities, passive agricultural activities, and dormant, unique, and prime farmlands and soils.. (VI) Fails to maximize use of existing public facilities and services. (VII) Fails to maximize use of future public facilities and services. (VIII) .. Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer., http://www•ieg.state.fl.us/statutes/IndeX.ofm?App_mode=DIspiay. Statute&SearchString=&URL=0100-0199101631Sections/0163,3.177,html 4/12 8/22/2016 Statutes &Constitution ;View Statutes : Online sunshine stormwater management, law enforcement, education, health care, fire and emergency response, and general government, (IX) Fails to provide a clear separation between rural and urban uses. (X) Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. (XI) Fails to encourage a functional mix of uses. (XII) Results in poor accessibility among linked or related hand uses. (XI 11) Results in the lossof significant amounts of functional open space. b. The future land use element or plan amendment shall be determined to discourage the proliferation of urban sprawl if it incorporates a development pattern or urban form that achieves four or more of the following; (1) Directs or locates economic growth and associated land development to geographic areas of the community in a manner that does not have an adverse impact on and protects natural resources and ecosystems. (Il) Promotes the efficient and cost-effective provision or extension of public infrastructure and services. (III) Promotes walkable.and connected communities and provides for compact development and a mix of uses at densities and intensities that will support a range of housing choices and a multimodal transportation system, including pedestrian, bicycle, and transit, if available. (IV) Promotes conservation of water and energy. (V) Preserves agricultural areas and activities, including silviculture, and dormant, unique, and prime farmlands and soils. (VI) 'Preserves open space and natural lands and provides for public open space and recreation needs. (VII) Creates .a balance of land uses based upon demands of .the residential population for the nonresidential needs of an area. (VIII) Provides uses, densities, and intensities of use and urban form that would remediate an existing .or planned development pattern in the vicinity that constitutes sprawl or if it provides for an innovative development pattern such as transit• oriented developments or new towns as defined in s. 163.3164.. 10, The future land use element shall include a future land use map or map series. a. The proposed distribution, extent, and location of the following uses shall be shown on the future land. use map or map series: (1) Residential. (11) Commercial. (III) Industrial. (IV) Agricultural. (V) Recreational. (VI) Conservation. (VII) Educational. (VIII) Public, b. The following areas shall .also be shown on the future land .use map or map series, if applicable; (1) Historic district boundaries and designated historically significant properties. (11) Transportation concurrency management area boundaries or transportation concurrency exception area boundaries. (III) Multimodal transportation district boundaries. (IV) Mixed-use categories. c. The following natural resources or conditions shaI.L be shown on the future land usemap or map series, if applicable: (1) Existing and planned public potable waterwells, cones of influence, and wellhead protection areas. (ll) Beaches and shores, including estuarine systems, (111) Rivers, bays, lakes, floodplains, and harbors. (iV) Wetlands., (V) Minerals and soils. http://www,Ieg,state,fl.us/statutes/index ofm7App_node=Display_Statute&Search_StrJng=&UR.L=0100-0199/0163/Sections/0163,3177.html 5/12 8/22/2016 Statutes & ConstItutionMew Statutes :'Online Sunshine (VI) Coastal high Lazard areas. (b) A transportation element addressing mobility issues in relationship to the size and character of the local government. The purpose of the transportation element shall be to plan for a, multimodal transportation system that places emphasis on public transportation systems, where feasible. Theelement shall provide:for a safe, convenient mu(timodat transportation _system, coordinated with the future land usemap or. map series and designed to support at[ elements of the comprehensive plan. A local government that has all or part of its jurisdiction included within the metropolitan planning area of a metropolitan planning organization (M.RO.) pursuant to s. 339:175 shad prepare and adopt a. transportation element consistent with this subsection; Local governments that are not located within the metropolitan planning area of an M.R0. shalladdress traffic circulation, mass transit, and ports; and aviation and related facilities consistent with this subsection, except that local governments with a popialatiori of 50,000 or less shall only be required to`addres§ transportation,circulation. The element shall be coordinated with the plans and programs of any applicable .etropolitan'ptanning organization; transportation authority, Florida Transportation Plan, and Department of Trans portation.adopted work program. 1. Each local government'stranspo.rtation et.ement shall address traffic carculatian; including the types, locations, and extent.of existing and proposedmajor thoroughfares and transportation routes, including bicycle and pedestrian ways. Transportation corridors, as defined in s. 334.03, may be.'designated in the transportation element pursuant to s.. 337.273: if the transportation corridors are'designated, the local government may. adopt a transportation corridor management ordinance. The element shalt nctude a. reap or map series showing the general location of the existing and proposed transportation system features and shall becoordinated with the future: land use map or map series. Thee element shall reflect_the' data,• analysis, and associated principles'and strategies` relating to; a. The existing transportation system. levels. of service and system needs and the availability of transportation facilities and services. b. . The growth. trends and travel patterns and interactions between land use and transportation: c. Existing and projected intermodal deficiencies and needs. d. The projected transportation system levels of service and system needs based upon the future land use map and the projected integrated transportation system: e. How the toca[ government will correct existing facility deficiencies, meet the identified needs of the projected transportation system, and advance the purpose of this paragraph and the other elements of .the comprehensive plan. 2. Local governments within a metropolitan planning area designated as an M.P.O. pursuant to s. 339.175 shall also address: a. All alternative modes of travel, such as public transportation, pedestrian, and bicycle travel; . b. Aviation, rail, seaport facilities, access to those facilities and intermodal. terminals. c. The capability to evacuate. -the coastal population before an impending natural disaster:.. d. Airports, projected airport and aviation development, and land use 'compatibility around airports, which includes areas defined in ss. 333.01 and :33102. e. An identification of land use densities,; building intensities, and transportation management programs to promote public transportation systems fin' designated.pub(ic transportation corridors so.as to encourage population densities sufficient to support such systems. 3. Municipalities having populations .greater than 50,000, and counties having populations greater than 75,000, shall include mass -transit provisions showing proposed methods for the moving of people,. rights-of-way, terminals, and related facilities and shall address: a. The provision of efficient public transit services based upon existing and proposed major trip generators and attractors, safe and convenient public transit terminals, land uses, and accommodation. of the special needs of the transportation disadvantaged. b. Plans for port, aviation, and related facilities coordinated with the general circulation and transportation element. http://www.]eg.state,fl,us/statutes/index,cfm?App_p ode=Display_Statute&Soaroh_String=&URL=0100-0199/0163/Sections/0163.3177.htmi. 6/12 8/22/2016 Statutes & Constitution :View Statutes: Online Sunshine c. Plans for the circulation of recreational traffic, including bicycle facilities, exercise trails, riding facilities,. and such other matters as may be related to the improvement and safety of movement of all types of recreational traffic, 4. At the option of a local government, an airport master plan., and any subsequent amendments to the airport master plan, prepared by a licensed publicly owned and operated airport under s. 333.06 may be incorporated into the local .government comprehensive plan by the local government having jurisdiction under this act for the area in which the airport or projected airport development is located by the. adoption of a comprehensive plan amendment. In the amendment to the local. comprehensive plan that integrates the airport master plan, the comprehensive plan amendment shall address land use compatibility consistentwith chapter 333 regarding airport zoning; the provision of regional transportation facilities for the efficient use and operation of the transportation system and airport; consistency with the local government transportation circulation element and applicable M.P.O. long-range transportation plans; the execution of any necessary interlocal .agreements for -the purposes of the provision of public facilities and services to maintain the adopted level -of -service standards for facilities subject to concurrency; and may address airport -related or aviation -related development. Development or expansion of an airport consistent with the adopted airport master plan that has been incorporated into the local comprehensive plan in compliance with this part, and airport -related or aviation -related development that has been addressed in the comprehensive plan amendment that incorporates the airport master plan, do not constitute a development of regional impact. Notwithstanding any other general law, an airport that has received a development-of-regionaMmpact development order pursuant to s. 380.06, but which is no longer required to undergo development -of -regional -impact review pursuant to this subsection, may rescind its development -of -regional -impact order upon written notification to the applicable local government. Upon receipt by the local government, the devetopment-of-regional-impact development order, shall be deemed rescinded. (c) A general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element correlated to principles and guidelines for future land use, indicating ways to provide for future potable water, drainage, sanitary sewer, solid waste, and aquifer recharge protection requirements for the area. The element may be a detailed engineering plan including a topographic map depicting areas of prime groundwater recharge. 1. Each local government shall address in the data and analyses required by this section those facilities that provide service within the local government's jurisdiction. Local governments that provide facilities to serve areas within other local government jurisdictions shall also address those facilities in the data and analyses required by this section, using data from the comprehensive plan for those areas for the purpose of projecting facility needs as required in this subsection. For shared facilities, each local government shall indicate the proportional capacity of the systems allocated to serve its jurisdiction. 2. The element shall describe the problems and needs and the general facilities that will be required for solution of the problems and needs,, including correcting existing facility deficiencies. The element shall address coordinating the extension of, or increase in the capacity of, facilities to meet future needs while maximizing the use of existing facilities and discouraging urban sprawl; conserving potable water resources; and protecting the functions of natural groundwater recharge areas and natural drainage features. 3. Within 18 months after the governingboard approves an updated regional water, supply plan, the element must incorporate the alternative water supply project or projects selected by the local .government from those identified in the regional water supply plan pursuant to s. 373,709(2).(a) or proposed by the Local government under s. 373.709(8)(b). If a local government is located within two water management- districts, the local government shall adopt its comprehensive plan amendment within 18 months after the Later updated. regional water.supply plan. The element must identify such alternative water supply projects and traditional water supply projects and conservation and reuse necessary to meet the water needs identified in s. 373.709(2)(a) within the local government's jurisdiction and include a work .plan, covering at least a 10 -year planning period, for building public, private, and regional water supply facilities, including development of alternative water supplies, which are identified in the element as necessary to serve existing. and new development. The work plan shall be updated, at a minimurrm, every 5 years within 18 months after the governing board of a water management district approves an updated regional water http://www,leg,state.fl.uststatutestindox,ofim?App mode=D Ispl ay_Statute&Search—StrIng=&URL=0100-019910 i.63/Sections/0163,3177,htm 1 7/12 8/22/2016 Statutes &.Constitution :View Statutes: Online Sunshine supply plan, Local governments, public and private utilities, regional water supply authoritiesspecial districts, and water management districts are encouraged to cooperatively plan for the development of multi.jurisdictional water supply facilities that are sufficient to meet projected demands for established planning periods, including the development of alternative water sources to suppleroent traditional sources of groundwater and surface water supplies: 4, A local .government that does not own:, operate, or maintain its own water supply facilities,. including, but not limited to, wells,. treatment facilities, and distribution infrastructure, and is served by a public water utility with a permitted allocation of greater'than.300 millionga[tons per day:is not required to amend its comprehensive plan in response to an updated regional Water supply plan or to maintain a work plan,if any such local government's usage of water constitutes less thap 1 percent of the public water utility's total permitted allocation. However,. any such local government is required to cooperate with; and.pmvide'relevant data to any local government or utility provider that_provides service within its jurisdiction, and to keep its general sanitary sewer, solid waste; potable water, and natural groundwater aquifer recharge element updated in accordance- with x.163,3191,: (d) A conservation element for the conservation, use., and protection. of natural resources in the area, including air, water; water: recharge areas, wetlands; .waterwells, estuarine marshes, soils, beaches, shores., flood plains, rivers, bays; lakes, harbors, forests, fisheries and.wildlife; marine habitat; minerals, 'and other natural and environmental resources including factors that affect energy conservation, 1, The following. natural resources, where present within the local government's boundaries, shall be identified and analyzed and existing'recreational or conservation uses, known pollution problems, including hazardous wastes, and the potential -for conservation; recreation, use., or protection shall also be identified; a. Rivers, bays', fakes, wetlands including estuarine 'ma.rshes groundwaters, `and springs; including information on quality :of the resource available, b. Floodplains:-. c, Known sources of commercially valuable minerals.. d. Areas known to have experienced soil erosion problems, . e� Areas that are the location of recreationally and commercially important fish ar shellfish., wildlife, marine habitats, and vegetative, communities, including forests, indicating known dominant species present and species listed by federal; state; or local governnlent agencies as endangered,_ thre-atened,.or species of special concern, 2,. .The element must contain principles, guidelines,. and standards for conservation that provide long-term goals and which:. a. Protects air. quality: b. Conserves, appropriately uses, and protects the quality and quantity of. current and projected water sources and waters that flow into. estuarine waters or oceanic waters and protect from` activities and land uses known to affectadversely the quality and quantity of identified water sources,,including natural.. groundwater recharge areas, wellhead protection areas, and surface waters used as a source of public. water supply.: c. Provides for the emergency conservation of water sources in accordance with the plans of the regional water management district.. d, Conserves, appropriately uses:; and protects minerals, soils, and native vegetative communities, including forests, from destruction by development activities, e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat; and marine habitat and restricts activities known to adversely affect the survival of endangered and threatened wildlife. f. Protects existing natural reservations identified in the recreation and open space eleme'nt.. g, Maintains cooperation with adjacent local governments to conserve, appropriately use, or protect unique vegetative communities located within more than one local jurisdiction. h. Designates environmentally sensitive lands for protection based on locally determined criteria which further the goals and objectives of the conservation element. i. Manages hazardous waste to protect natural resources. j. Protects and conserves wetlands: acid the natural functions of wetlands. http://www.leg.state.fl,us/statutes/indox,ofm7A.pp_„mode=D1spiay_Steitute&Search String=&URL=0100-0199/0163/`Seotlons/0163,3177.htm1 8/12 8/22/2016 Statutes & Constitutlon ,View Statutes: Online Sunshine k. Directs future land uses that are incompatible with the protection and conservation of wetlands and wetland functions away from wetlands, The type, intensity or density, extent, distribution, and location of allowable land uses and the types, values, functions, sizes, conditions, and locations of wetlands are land use factors that shall be considered when directing incompatible land uses away from wetlands. Land uses shall be distributed in a manner that minimizes the effect and impact on wetlands. The protection and conservation of wetlands by the direction of incompatible land uses.away from wetlands shall occur in combination with other principles, guidelines, standards, and strategies in the comprehensive plan. Where incompatible land uses are allowed to occur, mitigation shall be considered as one means to compensate for loss of wetlands functions. 3. Current and projected needs and sources for at least a 10 -year period based on the demands for industrial, agricultural, and potable water use and the quality and quantity of water available to meet these demands shall be analyzed. The analysis shall consider the existing levels of water conservation, use, and protection and.applicabte policies of .the regional water management district and further must consider the appropriate regional water supply plan approved pursuant to s. 373.709, or, in the absence of an approved regional water supply plan, the district water management plan approved pursuant to s, 373.036(2). This information shall be submitted to the appropriate agencies. (e) A recreation and open space element indicating a comprehensive system of public and private sites for recreation, including, but not limited to, natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, open spaces, waterways, and other recreational facilities. (f)1. A housing. element consisting of principles, guidelines, standards, and strategies to be followed.in: a. The provision of housing for all current and anticipated future residents of .the jurisdiction. b. The elimination of substandard dwelling conditions. c. The structural and aesthetic improvement of existing housing, d. The provision of adequate sites for future housing, including affordable workforce housing as defined in s. 380.0651(3)(h), housing for low-income, very low-income, and moderate -income families, mobile homes, and group home facilities and foster care facilities, with supporting infrastructure -and public facilities, The element may include provisions that specifically address affordable housing for persons 60 years of age or older. Real property that is conveyed to a local government for affordable housing under this sub -subparagraph shall be disposed of by the local government pursuant to s. 125.379 or s, 166.0451. e. Provision for relocation housing and identification of historically significant and other housing. for purposes of conservation, rehabilitation, or replacement. f, The formulation of housing implementation programs. g. The creation or preservation of affordable housing to minimize the need for additional local services and avoid the concentration of affordable housing units only in specific areas of the jurisdiction. 2. The principles, guidelines, standards, and strategies of the housing element must be based on data and analysis prepared on housing needs, which shall include the number and distribution of dwelling units by type, tenure, age, rent, value, monthly cost of owner -occupied units, and rent or cost to income ratio, and shall show the number of dwelling units that are substandard,. The data and analysis shall also include the methodology used to estimate the condition of housing, a projection of the anticipated number of households by size, income range, and age of residents derived from the population projections, and the minimum housing need of the current and anticipated future residents of the jurisdiction. 3., The housing element must express principles, guidelines, standards, and strategies that reflect, as needed, the creation and preservation of affordable housing for all current and anticipated future residents of the jurisdiction, elimination of substandard housing conditions, adequate sites, and distribution of housing for a range of incomes and types, including mobile and manufactured homes. The element must provide for specific programs and actions to partner with private and nonprofit sectors to address housing needs in the jurisdiction, streamline the permitting process, and minimize costs and delays for affordable housing, establish standards to address the quality of housing, stabilization of neighborhoods, and identification and improvement of historically significant housing.. http,l/wvdw.legstato,fl,us/statutes/index,cfm7App_mode=Display _Statute&Seareh_String=&URL.=0100-0199/0163/Sections/0163.3177,html 9112 'I 8/22/2016 Statutes & Constitution :vlew Statutes : Online Sunshine 4. State and federal housing plans prepared on behalf of the local government .must be consistent with the goats, objectives, and policies of the housing element. Local governments are encouraged to use job training, job creation, and economic solutions to address a portion of their affordable housing concerns. . (g)' ` For those.units of local government identified ins 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 (4. The coastal management element;shall set, forth the principle's; guidelines, standards, ;and strategies that shall i. guide the local government's decisions and program imp[ementation with respect to the following objectives: 1. Matntain, restore, and enhance the overall quality of the coastal zone environment, including, but not limited to, its amenities and aesth.etic•val Lies.. 2. Preserve the'c6ntinued existenee'of viable poputatrons of all species of wildtife and.marine life. : 3.: Protect the`:brderly and balanced: utilization and preservation,. consistent with sou na.cohseraation..princiPles of a[l living 'and nontiving coastal zone resources; 4.. Avoid.irreversible and irretrievable. loss of.coastal zone,resources; 5.. Use ecological ptannTng ipri'nctples and assumptions in the' determination of the suitability of permitted development: 6: Lirnitpublic'expenditures that subsidize development in coastal high -hazard areas. 7: Protect human life against the effects of :natural disasters, 8.. Direct the orderly development, maintenance, and use of ports identified in s. 403:021(9),to facilitate deepwater commercial., navigation and other related activities 9: Preserve histone. and archaeologiical resources, which include the sensi ive adaptive use of these resources. 10: At the option of the total government, develop an adapta' don'.action area designation,for those low -tying coastal zones that ar`e experiencing coastal flooding dueto extreme high tides and storm surge and 'are vulnerable to .the: impacts of rising sea i[evet Local. governmehts thaf:adopt an adaptation action area may considor policies within the. coastal management elemeht to improve resilience to coastal. flooding eesulttng::from high tide events, storm surge; ftash floods, stormwater turnoff, .and related impacts of sea level rise; Criteria -for the adaptation action: area may include, but need trot be limited to, areas for which the land elevations are below, at; or near:.mean higher high water,.which have a hydrologic connection to`coastal waters, or which are designated as evacuation tones -for storm' (h)1 An ntergbvernmental coo rdination 6lement'showing relationships aiid statin, principles and guidelines to be used in: coordinating the adopted comprehensive plan with the plans`of school boards, regi'onal.water supply authorities, and other units of local government providing services butnot having regulatory authority over the use of land; With the comprehensive plans of adjacent municipaUti:es, thecounty; adjacent counties, or the region, with the state'comprehenswe plan and with:the a licable're ionto water su* l lana roved pursuant to s .373.709, as Pp. g � pp Y p pp. . the case may require and as such adopted plans' or ptans in preparation may exist This element of the local comprehensive plan`must demonstrate°consideration of the particular effects of the local ptan, 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. intergove'rnrnental coordination element must provide procedur`e's for identifying and implementing joint planning areas,' especially for the purpose of annexation; municipal incorporation, and joint infrastructure service areas. b, The, intergovernmental. coordination .element shall provide. fora dispute resolution process, as established pursuant to's 186.509; for bringing intergovernmental disputes to closure fn a timely, manner, c,. The intergovernmental coordination. element shall provide for interlocal agreements as established pursuant to s. 333,03(1 M. 2. The intergw6rnmenta[ coordination element shall also state principles and guidelines to be used in coordinating the adopted comprehensive plan with theplans of school boards and other units of local government ,providing facilities and services but not havingregulatory authority over the use: of land, In addition, the j intergovernmental coordination element must.describe joint processes for collaborative planning and decisionmaking . I http:1/www:legstateAus/statutes/index:cirri?App ynodo=Dlsplay_SfatiAe&Search_Strlhg=&URLti0100-0196/0163/Seotions/0163,3177,html 10/12 8/22/2016 Statutes & Constitution :View Statutes ; Online Sunshine on population projections and public school siting, the location and extension of public facilities subject to concurrency, and siting facilities with countywide significance,. including locally unwanted land uses whose nature and identity are established in an agreement. 3. Within 1 year after adopting their intergovernmental coordination elements, each county, all the municipalities within that county, the district school board, and any unit of local government service providers in that county shalt establish by interlocal or other formal agreement executed by all affected entities, the joint processes described in this subparagraph consistent with their adopted intergovernmental coordination elements. The agreement must: a. Ensure that the local government addresses through coordination mechanisms the impacts of development proposed in the local comprehensive plan upon development in adjacent municipalities, the county, adjacent counties, the region, and the state. The area of concern for municipalities shall include adjacent municipalities, the county, and counties adjacent to the municipality. The area of concern for counties shall include a.11 municipalities within the county, adjacent counties, and adjacent municipalities. b. Ensure coordination in establishing level of service standards for public facilities with any state, regional, or local entity having operational and maintenance responsibility for such facilities. (7)(a) The Legislature finds that: 1. There are a number of rural agricultural industrial centers in the state that process, produce, or aid in the production or distribution of a variety of agriculturally based products, including, but not limited to, fruits, vegetables, timber, and other crops, and juices, paper, and building materials. Rural agricultural industrial centers have a significant amount of existing associated infrastructure that is used for processing, producing, or distributing agricultural products. 2. Such rural agricultural industrial centers are often located within or near communities in which the economy is largely dependent..upon agriculture and agriculturally based products. The centers significantly enhance the economy of such communities. However, these agriculturally based communities are often socioeconomically challenged and designated as rural ureas of opportunity. If such rural agricultural industrial centers are lost and not replaced'with other job -creating- enterprises, the agriculturally based communities will lose a substantial amount of their economies. 3. The state has a compelling interest in preserving the viability of agriculture and protecting rural agricultural communities and the state from the economic upheaval that would result from short-term or long-term adverse changes in the agricultural. economy. To protect these communities and promote viable agriculture for the long term, it is essential to encourage and permit diversification of existing rural agricultural industrial centers by providing for jobs that are not solely dependent upon, but are compatible with and complement, existing agricultural industrial operations and to encourage the creation and expansion of industries that use agricultural products in innovative ways. However, the expansion and diversification of these existing centers must be accomplished in a manner that does not promote urban sprawl into surrounding agricultural and rural areas. (b) As used in this subsection, the term "rural agricultural industrial center" means a developed parcel of land in anunincorporated area on which there exists an operating. agricultural industrial facility or facilities that employ at least 200 full-time employees in the aggregate and process and prepare for transport a farm product, as defined in s. 163.3162, or any biomass material that could be used, directly or indirectly, for the production of fuel, renewable energy, bioenergy, or alternative fuel as defined by law. The center may also include land contiguous to the facility site which is not used for the cultivation of crops, but on which other existing activities essential to the operation of such facility or facilities are located or conducted. The parcel of land must be located within, or within 10 miles of, a rural area of opportunity. (c)1. A landowner whose land is located within a. rural agricultural industrial center may apply for an amendment to the local government comprehensive plan for the purpose of designating and expanding the existing agricultural. industrial uses of facilities located within the center or expanding the existing center to include industrial uses or facilities that are not dependent upon but are compatible with agriculture and the existing uses and facilities. A local government comprehensive plan amendment under this paragraph must; http,//www.Ieg;state,fl uslstatutes/index.ofm?App-mode= D Isplay_Statute&Search_String=&URL=0100-0199/0163/Sections/0163,3177.htm1 11/12 8/22/2016 Statutes & Constitution.,View Statutes r Online Sunshine a. Not increase the physical area of the existing rural agriculturat industrial center by more than 50 percent or 320 acres, whichever is greater, . b. Propose a project that would; upon completion, create at least 50new full-time jobs, C. Demonstrate that sufficient infra structure capacity exists or will be provided. to support the expanded center at the level -of -service standards adopted in the local.governmi nt comprehensive plan, d. Contain goals, objectives; and policies that will ensure that any: adverse environmental impacts of the expanded center: will be adequately addressed and mitigation.implemented or demonstrate that the; local government comprehensive plan contains such provisions; 2, Within 6.Months after receiving an application as provided.in this paragraph;ahe local government shall transmit the application to the state. fand.plan'ning agency far :review pursua:na 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 industnat centers anddiscourage urban sprawl in the surrounding areas; Such goals, objectives; and policies must promote and be consistent with the f ndings'in this subsection. An amendmentthat meets the 'requirements.of this subsection is:presumed not'to. be urban..sprawl as defined in. s. 163.3164 and shat[ be considered within 90 days:after any review required byAhe state land tanning agency if required by s. 163:3184.. this presumption may be rebutted by a preponderance of the evidence: (d) This subsection` does not apply to an'optionaL sector.ptan adopted pursuant to s. 63.3245,'a rural land stewardship area designated pursuant to s, 163.:3248, or any comprehensive plan amendment that includes an inland port terminat or affiliated port development.. ; (e) . This subsection does not confer the status. of rural area of opportunity;_or any of.the rights.:or benefits derived from such status, op any land area not otherwise designated as such pursuant to s, 288 Ob56(7) Mtstory =s, 7, rh. 75.257} s. 1, di. 77x174; s. 1., ch., II0-154, a .6, eh 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. 92-1219- 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; s0, ch., 96,320; s. 24, ch 96 410; s. 2; ch. 96-4 1 16- 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 5$, 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, chi' 2004-230; 's', 4,'ch, 2004.372; s, 2, chi, 2004-381;s, 2, ch ..2005-36; s, 1; ch. 2005-157; s, 2 ch. 2005290; s, 10, c4, 2005-291., s. 2, ch, 2006- 220; s. 57, ch, 2007 "196 s 1; ch, 2007 ;198, s, 2, ch X00.7, 204; s, 2., ch, .2008 191; s; 10; ch; 2009.21; s 3, cl; 2009 1, ch, 2009.154; s. 43, ch. 2010-102; s, 2, ch. 2010 182 s. 4, ch. 261U-205; s, 3, ch. 2011-14; s, 12, ch. 2011-139; s. 3, ch, 2011.189;& 4, .ch. 2012-99; s, 24, ch. 2014.218`; s. 2,. ch'. 201.5.30; s. 13, ch. 201.6-10; Copyright (D 1995-2'016 The Florida Legislature • PriVac}! Stiatement • Contact Us . hitp://www,leg,state.fl,us/statutes/index.cfm?App_node--Display,�St8Ve&Search String=&URL=01.00-0199/0163/Sections/0163,3177.htm1 12112 8/22/2016 Miami, FL Code of Ordinances ARTICLE IX, - FINANCIAL POLICIES DIVISION 1,-ANTI-DEFICIENCYACT181 FDotriote5l Note-5ee the editor's note to Ch, 2, /art, XlL Sec, 18-500. - Established, Regulations, to be known as the Anti -Deficiency Act, are hereby established to provide mandatory procedures to be used by department directors, the city manager, city attorney, city clerk, mayor, commissioners, and executive directors of agencies, authorities, trusts, boards, or commissions funded in whole or in part by the city, :with authority t:o 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. - 0efinitions, As used in this article', Agency or agencies sh a I I mean, including, but not I!mite d 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 disbursementshaII 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 I individual, specifically designated in writing by a department director or executive director of an agency, i authority, trust, board, or commission funded in whole or in part by the city, except for the Retirement r j Trusts, and acknowledged and accepted in writing by the designee, :and kept on file within the department, i 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 authorives expenditure of funds, excluding documents or forms which process such authority, hops//www.munioode.com/library/filmlami/codes/code_of ordinances?nodeld=PTIITHCO-CH18Fl ARTIXFIPO 1/11 8/2222016 Miami, FL Code of Ordinances Department dlrector_sshaII 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 dirertorshall 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 responsib Iity.related to this Act. Obligatlonal authorityshall mean any docur-nent, `ordinance; resolut'ibn or paper, regardless of form, which grants permission for..an expenditure. (Ord. No, 11727,.,§ 2., 1,1-17-98;: Ord. No, 11890, § 2, 2-10-00; Ord, No. 12026,'3 2,2-22-01 Sec. 18-502. - Procedures and implernentatlon. The procedures set forth herein apply where a continuing ordinance or resolution of the city commission which speciflcaiiy 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 obligation* 61 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'age t.y budget maybe considered Voidable'and shall to 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.indlvidual. 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 reguiati.ons setforth as follows; (1) This section applies to all obligations chargeable to annual appropriations, and prior year billing, or multiple -yeas appra.priiations 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-terl� capital. improvement projects and other approved multi-year agreements shall be controlling. 'https://www.munloode,comllibrarylfllmlamiloodesloode_of or'dinanoes?nodeld=.PTlITHCO, CH18FI_ARTIXFIPO 2111 8/21/2016 Miami, FL Code of Ordinances (a) Any obligation incurred in excess of an annual departmental or agency appropriation represents a violation of the Anti-DeficlencyAct, No such obligation shall be incurred unless the. city commission or city manager through emergency powers, has enacted legislation or exercised authority extending a department's or agency's obligational authority of a department or agency, However, should an emergency, defined under state law as any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to th.e population or substantial damage to or Foss 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 tailed 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. (1) 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 forthat line item, (8) Any employee of the city who has knowledge or a reasonably based belief that a budget of the city may be in violation of this act shall have the right to be heard under the provisions for a monthly status of the city budget set forth below, Any such person shall not be penalized in any manner for actions taken to report violation of this act,_ (9) A department director or executive director with obligation or disbursement authority shall be in violation of this act if he/she willfully withholds invoices, payments, settlement, or any other instrument of city debt which were incurred and due in the current fiscal year in an effort to avoid exceeding the approved current year budget. (10) The city manager shall have the authority to adjust line items in an amount not to exceed ten percent of a department's budget so long as the total annual projected expenditures of a department do not exceed the department's current budget, and said adjustment Is verified by the department of management and budget, Additionally, all proposed budget adjustments between https://www,munioode,corn/llbrary/fUmlam i/codesleode_of ordinances?nodeld=PTIITHCO CH18FI—ARTlXFIPO 3/11 8/22/2016 Mlaml, FL Code of Ordinances 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* authorlty'toadjust 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 t exceed 6 agency's current budget; an s i a Ju e t Is* verified in a manner using does no e e the d aid d' stm n ve acceptable accounting principles, During the fourth quarter of the fiscal year, any changes or deviations Ili excess of $5,00100 0 0: per tr8nsa from the current . ' approved budget for those agencies shall require written concurrence of the member of the city commission designated as the pr. esiding,officer, a copy of wh'Ich-.$haII be provided to tlhe'clty clerk; (12) Notfflcation of possioie deflde'ncy. Any A department director, executive director or individual with 'authority toverifyth6avail6bilityoffunds; ordireft- b1l btl 'bu ' o g onordIs rs ement of city funds who anticl'p8tes'-Or has reason to believe that the*annual budget of adepartment or agency may exceed L 'i the approved ordinance or resolution (a "deficient ")� shall thesUrn appropriatedn.* h budget ordiha rr: immediately prdvide written n btlfic ati o n to: the mayor, th e city commission, city rnahager,.dty attorney; '.city7clerk, and the'dire*ctor of th6'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 man ager'shafll presehtmonthly,* except during. the Month of September, a written report on the status ofthe city b6dget,at, a city commission meeting;, The executive directors.of all agencies shall each`ipresent quarterly, except during the month of September, a written report on. the status of the 1 . ndlvl.dual ag I e . ncy,.s'budget at a. city commission meeting, eting, At a minimum, this report should generally Include, but not be limited to,; the following inf rmation in a form 0 acceptable to the city commission: fu*nd 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-rezurring, revenues by minor object -non-recurring, expend ltu res .by minor object -recurring, expenditures by minor object -non-recurring, bank reconciliation memo, cash positions for all funds, investments. outstanding as of the .p 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 extern * al auditor shall present the comprehensive annual financial report or status thereof no later than the end of the second quarte r 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.fis.cal year. http8;1/www,m uni code, com M otary/fi/m I am I/oodes/code—of. I ordinanGes?hodeld=PTI]THCC�-CH18FI__ykRTIXFIPO 4/11 8/22/2016 Miami, FL Code of ordinances (Ord, No. 11727, § 2, 11.-17-98; Ord, No, 11890, § 2, 2-10-00; Ord. No, 12026, § 2, 2-22-01) Sec. 18-503. - Violations of act; penalties. (1) A duly adopted ordinance or resolution shall provide obligationai authority and if enacted will not j constitute a violation of this act, l (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 i 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. i Without regard to culpability, violation of this law may serve as one element of a basis for employment termination, (Ord. No, 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00) Secs, 18-504-18-540. - Reserved. DIVISION 2, - FINANCIAL INTEGRITY PRINCIPLES Sec, 18-541.. - Established; implementation; review; reports. 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 divislon..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, 9-2205) Sec. 18-542, - Financial integrity principles. The following financial integrity principles are hereby adopted; (1) Structurally balanced budget, The city shall maintain a structurally -balanced budget, Recurring revenues will fund recurring expenditures, (2) J https:/Iwww,municode,com/library/fl/miami/codes/code of ordinances?hodeld=PTIITHCO-OH18FI—ARTIXF[PO 6/11 I 8/22/2016 Miami, FC Code of Ordinances Estimating conference process. The city shall adopt budgets and develop its' Iorag 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. (3) interfund .borrowing: The city shall not borrow or use internal fund transfers to`bbtain 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 Vias determined that (a) the funds to be loaned will not be needed during the lending period, and (b) the funds for repayment will be auaildble'within a two�year period; Anyactions taken to borrowfunds underthese conditions must be separately presented to and approved by the city commission and the term of such borrowing shat) not'extend beyond the last day of the subsequent fiscal year, Recognizing that some programs are funded by grants or other entities ars 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%floa'tfor 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.reimlbUrsable 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'deficlts,* (4) For purposes of this section; city-wide surplus for any.fiseal year is defined as the increase in unreserved general fund balante `as reflected in the city's comprehensive annualfinancial report (CAFR),. Citywide deficit for any fiscal year is defined as the decrease In unreserved general fund baiance:as reflected lathe city's Comprehensive annual: financial report (CAFR).: Budget surplus of any office, department`or elected official is defined as.'the excess of budgeted expenses ove.r actual expenses in any fiscal year:,. Nptwithstandi'ng 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, https://www.munlcode,com/library/Fl/miamI/codes/codeof ordinaices?nodeld=PTIITHCO CH18M. ARTIXFfPO 6111 8/22/2015 Miami, FL Code of Ordinances 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 informationtechno'logy 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 fond of the city; a. Current fiscal year contingency, A "contingency" reserve level of $5,000,000,00 shall be budgeted annually. Such contingency reserve shall be available for use, with city commission approval, during the fiscal year, to fund unanticipated budget Issues which arise or potential expenditure overruns which cannot be offset through other sources or actions, The unused portion of the budgeted contingency reserve in any fiscal year shall be reflected as unassigned fund balance reserves until such time as the city has funded 50 percent of the liabilities of the longterm 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, b. General fund unassigned fund balance reserves, The city shall retain unassigned fund balance reserves equal to a threshold ten percent of the prior three years average of general revenues (excluding transfers). Amounts designated as "contingency" reserve in subsection 5a, 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 https;//www,municc,de,com/library/fl/miami/codes/code^of-ordlnanoes?nodeld=PTIITHCOJCH18Fl ARTIXFIPO 7/11 8/22/2016 Miami, FI_ Code of Ordinances every month, except during the month of September, regarding; i) the..;itatus of the current. fiscal year budget and ii) the proposed budget for the subsequent fiscalyear, 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 •(exclu ding transfers). Such reserves shall be used for funding long-term liabllities'and Commitments of the city such as; 1: Compensated abse'rices:and other employee benefit liabilities, Including liabilities related tc pdst-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 o`cher unanticipated payments necessary to maintain compliance with contractual obligations, Paymentfo.r compensated absences and other employee benefit liabilities and seifinsurance plan deficits may be drawn from this reserve duringthe 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 nead for replieri shment. (G) Proprietary funds The city shall establish proprietaryfunds only If the costs top rovide the service are fully funded from the charges for the service,. (7) Multiyear fl/ianrlal 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 capital 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 https:l/www.munic'ode,com/115rarylfl/miami/codes/code of ortllnances?nodeldMPTIITHCQ_CH1HFi Ar2TiXFIPO 8/11 8/22/2016 Miami, FL Code of Ordinances 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. (1.0) 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, ht:ps://www,munioode,com/library/fl/miaml/codes/code_of ordinances?nodeld=PTIITHCO CH18Fl ARTIXFIPo 9/11 8/22/2016 Miami, FL Code of Ordinances (11). Basic financial policies, The city shall endeavor to maintain forma I policies; which reflect "best practices" in the areas of: a. Debt Such policy shall .address affordability, capacity, debt issuance and management, b. Cqsh management and inves-tments:'Su'ch policyshall require 24 -month gross and net cash-, flowprojections by fu.n*d and address *adequ.acy, . risk, liquidity and asset allacaflon Issues, c, Budget de' v8­1op r47* e h t and a djb,,tm en t,,. S u -c. ho I I c , y shall' establish proper budgetary preparation procedures, and guidelines,* calendar of events, * p annin'g models by fund, budget r*ocedur'es, establishment of rates and fees indirect b rest income and the acljustme'�t p .1 n d 1 e t c" §�s/i nte e 0 estimating confererice process. the Proposed budget should lb'e'scheduled to allow sufficient sufficient review by the mayor and city commission while allo*wihg fortitiz en Input, The city budget document reflecting . all I final . actions as adopted ­ by y the city commission on or bef 'ore Septem b& 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 provid,e appropriate checks and balances to ensur&the cit ..y.departmen.tsaclh.ere to the city's purchasing policies, f. Collective bargaining .managemehtpr=actices, ,Suchpolity shall that all memorandums of understanding'(M.0,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 clay manager The finance committee shall proVidelts* recommendations regarding such M,O,U.s to the city manager not less than 14 days prior pr : to consideration the city coimmlssfon of any . sal , d . M. . 0. . U. for ratification. In the event that'the'"finance -corrin lttee Is unable to meet within the timefra . mes provided herein, then the city manager may proceed to the city commission for ratification. (12) Evaluatioll 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 tocity commission resolutions - �98-631 and 98-767, shall review and provide recommendations to the city manager regarding, all collective bargaining agreements. The flhainc:6 committee shall https:llwww,municode,comllibrarylfllmlamiloodesloode'-6f—ordinailoes?Hodeld=PTIltHOO_CH18FI ARTIXFIPO 10/11 8/22/2016 Miami, FL Code of ordinances 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 agreementfor 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 commissionfor ratificatilon, (13) Fc/l1 cost' ofsei-vlce. The city shall define its core services and develop financial systems that will determine on an annual basis thelUll costof delivering those services, This information shall be presented as part of the annual bud get and financial plan, (Ord, No, 11890, §4, 2-10e00; Ord. No, 121133, § 1,9-25-01; Ord, No, 12276, §2, 9-11-02; Ord, No, 12353,§ Z, 4-10-03; Ord, No, 12427, §2, 10-23-03; Ord. Ho, 12518, §2,3-25-04; Ord, No, 12727, §2, 9-22-05; Ord. No. 13107, § 2, 10-8-09, Ord. No, 13212, § 2, 10-14-10; Ord. No, 13303, § 2, 1-12-12) Secs, 18-543--18-555. - Reserved. https:llwww,muOloode,coi-nllibrarylflli-nlamiloodesloode—of—ordiiianco4?nc)deld--PTIII'HCO—CH 18FI—ARTIMPO