Tag Archives: 163.3177

Requirements for Florida comprehensive plans

This is a summary review of §163.3177, as amended in 2011 (by Section 12 of Florida HB 7207, with one minor amendment by Section 3 of HB 639), with a few relevant provisions from other sections. The review addresses the requirements for local comprehensive plan.

In this review, the language of the statute may be summarized, paraphrased, re-ordered, and/or reformatted, so refer to the full language of the bills or official statutes for the actual statutory provisions. See here, Requirements for Florida comprehensive plans – section 3177 of chapter 163, for an unofficial version of the language from the bills integrated into the previous statute provisions.

  1. This section is extensively rewritten. Much of the new language comes from the repealed provisions of Rule 9J-5, F.A.C.
  2. As with other sections, requirements of detailed monitoring by the state land planning agency are largely deleted. The provisions concerning the state land planning agency rules to implement the statute provisions and the legislative findings relative to these rules, in previous §163.3177(9) and (1), F.S., are deleted.
  3. Local comprehensive plan are still required to 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. Language has been added to allow additional planning periods for specific components, elements, land use amendments, or projects as part of the planning process. (§163.3177(5)(a), F.S.)
  4. Principles, guidelines, standards, and strategies. The comprehensive plan provides 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. (§163.3177(1), F.S.)
    1. These principles and strategies will guide future decisions in a consistent manner and must contain programs and activities to ensure comprehensive plans are implemented. (§163.3177(1), F.S.)
    2. 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. (§163.3177(1)(c), F.S.)
    3. The sections of the comprehensive plan containing the principles and strategies must 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. (§163.3177(1), F.S.)
  5. The comprehensive plan must identify procedures for monitoring, evaluating, and appraising implementation of the plan. (§163.3177(1)(d), F.S.)
  6. The comprehensive plan and its elements must contain guidelines or policies for the implementation of the plan and its elements. (§163.3177(5)(b), F.S.)
    1. It is not the intent of the statutes, however, 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. (§163.3177(1), F.S.)
    2. Accordingly, the plan must 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. (§163.3177(1), F.S.)
  7. The previous requirements of §163.3177(2) and elsewhere in previous §163.3177, F.S., regarding comprehensive plan financial feasibility, are deleted.
  • Data and analysis. All mandatory and optional elements of the comprehensive plan and plan amendments must 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. (§163.3177(1)(f), F.S.)
    1. 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. (§163.3177(1)(f), F.S.)
    2. Data must be taken from professionally accepted sources. (§163.3177(1)(f)2., F.S.)
      1. 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. (§163.3177(1)(f)2., F.S.)
      2. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. (§163.3177(1)(f)2., F.S.)
    3. The comprehensive plan must be based upon permanent and seasonal population estimates and projections, which must either be those provided by the University of Florida’s Bureau of Economic and Business Research or generated by the local government based upon a professionally acceptable methodology. (§163.3177(1)(f)3, F.S.)
    4. The plan must be based on at least the minimum amount of land required to accommodate the medium projections of the University of Florida’s Bureau of Economic and Business Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. (§163.3177(1)(f)3, F.S.)
    5. Documents adopted by reference, but not incorporated verbatim into the plan, may be included as part of the adopted 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. (§163.3177(1)(b), F.S.)
    6. 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. (§163.3177(1)(f)1., F.S.)
    7. 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. (§163.3177(1)(f)1., F.S.)
    8. Copies of studies, surveys, data, and supporting documents for proposed plans and plan amendments must be made available for public inspection, and copies of such plans must be made available to the public upon payment of reasonable charges for reproduction. (§163.3177(1)(f)1., F.S.)
  • Coordination of the local comprehensive plan with the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region; with the appropriate water management district’s regional water supply plans approved pursuant to s. 373.709; and with adopted rules pertaining to designated areas of critical state concern must be a major objective of the local comprehensive planning process. (§163.3177(4)(a), F.S.)
    1. To that end, in the preparation of a comprehensive plan or element, and as adopted, the governing body must include a specific policy statement indicating the relationship of the proposed development of the area to the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region, as the case may require and as such adopted plans or plans in preparation may exist. (§163.3177(4)(a), F.S.)
    2. When all or a portion of the land in a local government jurisdiction is or becomes part of a designated area of critical state concern, the local government must clearly identify those portions of the local comprehensive plan that will be applicable to the critical area and must indicate the relationship of the proposed development of the area to the rules for the area of critical state concern. (§163.3177(4)(b), F.S.)
  • 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. (§163.3177(1)(e), F.S.)
    1. Substantially the same language, but addressing a “permitting program” rather than a “regulatory program, is found in §163.3184(4)(d)1., F.S., under the review of plan amendments.
  • Elements, generally.
    1. The comprehensive plan must contain the listed required elements and may include optional elements. (§163.3177(1)(a), F.S.)
      1. The section references “optional elements” in several places, but the optional elements of previous §163.3177(7), F.S., are deleted. It is unclear, but appears that local governments are free to adopt those or other elements at the local government’s discretion, as long as they are consistent with the statutes.
    2. Coordination of the several elements of the local comprehensive plan must be a major objective of the planning process and the elements must be consistent with each other. (§163.3177(2), F.S.)
      1. Where data is relevant to several elements, consistent data must be used, including population estimates and projections, unless alternative data can be justified for a plan amendment through new supporting data and analysis. (§163.3177(2), F.S.)
      2. Each map depicting future conditions must reflect the principles, guidelines, and standards within all elements and each such map must be contained within the comprehensive plan. (§163.3177(2), F.S.)
  • Capital Improvement Element.
    1. The comprehensive plan must 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: (§163.3177(3)(a), F.S.)
      1. A component that outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component that outlines principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan. The components must cover at least a 5-year period. (§163.3177(3)(a)1., F.S.)
      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. (§163.3177(3)(a)2., F.S.)
      3. Standards to ensure the availability of public facilities and the adequacy of those facilities to meet established acceptable levels of service. (§163.3177(3)(a)3., F.S.)
      4. At least in jurisdictions that include transportation concurrency requirements in the comprehensive plan, identification of facilities necessary to meet adopted levels of service during a 5-year period. (§163.3180(5)(d), F.S.)
      5. At least in jurisdictions that include transportation concurrency requirements in the comprehensive plan, a schedule of facilities that are necessary to meet the adopted level of service. (§163.3180(5)(b), F.S.)
      6. A schedule of capital improvements. (§163.3177(3)(a)4., F.S.)
        1. Capital improvements include any publicly funded projects of federal, state, or local government, and may include privately funded projects for which the local government has no fiscal responsibility. (§163.3177(3)(a)4., F.S.)
        2. Projects necessary to ensure that any adopted level-of-service standards are achieved and maintained for the 5-year period must be identified as either funded or unfunded and given a level of priority for funding. (§163.3177(3)(a)4., F.S.)
        3. The schedule must include transportation improvements included in the applicable metropolitan planning organization’s transportation improvement program adopted pursuant to s. 339.175(8) to the extent that such improvements are relied upon to ensure concurrency and financial feasibility. (§163.3177(3)(a)5., F.S.)
        4. The schedule must be coordinated with the applicable metropolitan planning organization’s long-range transportation plan adopted pursuant to s. 339.175(7). (§163.3177(3)(a)5., F.S.)
    2. The capital improvements element must be reviewed by the local government on an annual basis. (§163.3177(3)(b), F.S.)
    3. Modifications to update the 5-year capital improvement schedule may be accomplished by ordinance and is not (and may not be) deemed to be amendments to the local comprehensive plan. (§163.3177(3)(a), F.S.)
    4. Deletions
      1. The previous provision of §163.3177(3)(b)5., F.S., requiring the identification of alternative funding sources for proposed referendum approved funding, is deleted.
      2. The previous requirement of §163.3177(3)(b)1., F.S., that all public facilities must be consistent with the capital improvements element, is deleted.
      3. The provisions of previous §163.3177(3)(c), F.S., concerning the risk of sanctions by the Administration Commission for not meeting obligations identified in the capital improvement element, are deleted.
      4. The provisions relating to requirements of financial feasibility are deleted.
  • Future Land Use Element. The comprehensive plan must include a future land use plan element.
    1. The Future Land Use Element must designate
      1. Proposed future general distribution, location, and extent of the uses of land for:
        1. residential uses,
        2. commercial uses,
        3. industry,
        4. agriculture,
        5. recreation,
        6. conservation,
        7. education,
        8. public facilities, and
        9. other categories of the public and private uses of land. (§163.3177(6)(a), F.S.)
      2. The approximate acreage and the general range of density or intensity of use must be provided for the gross land area included in each existing land use category. (§163.3177(6)(a), F.S.)
      3. 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. (§163.3177(6)(a)1., F.S.)
      4. The proposed distribution, location, and extent of the various categories of land use must be shown on a land use map or map series which must be supplemented by goals, policies, and measurable objectives. (§163.3177(6)(a)1., F.S.)
    2. The future land use plan element must include criteria to be used to: (§163.3177(6)(a)3., F.S.)
      1. Provide for the compatibility of adjacent land uses.
      2. Achieve the compatibility of lands adjacent or closely proximate to military installations, considering factors identified in s. 163.3175(5).
      3. Achieve the compatibility of lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02.
      4. Encourage preservation of recreational and commercial working waterfronts for water dependent uses in coastal communities.
      5. Encourage the location of schools proximate to urban residential areas to the extent possible.
      6. Coordinate future land uses with the topography and soil conditions, and the availability of facilities and services.
      7. Ensure the protection of natural and historic resources.
      8. 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.
    3. The element must establish the long-term end toward which land use programs and activities are ultimately directed. (§163.3177(6)(a), F.S.)
    4. The amount of land designated for future planned uses must provide a balance of uses that foster vibrant, viable communities and economic development opportunities and address outdated development patterns, such as antiquated subdivisions. (§163.3177(6)(a)4., F.S.)
      1. The amount of land designated for future land uses should allow the operation of real estate markets to provide adequate choices for permanent and seasonal residents and business and may not be limited solely by the projected population. (§163.3177(6)(a)4., F.S.)
      2. The element must accommodate at least the minimum amount of land required to accommodate the medium projections of the University of Florida’s Bureau of Economic and Business Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. (§163.3177(6)(a)4., F.S.)
      3. The future land use element must clearly identify the land use categories in which public schools are an allowable use. (§163.3177(6)(a)7., F.S.)
        1. When delineating the land use categories in which public schools are an allowable use, a local government must include in the categories sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different type or size. (§163.3177(6)(a)7., F.S.)
        2. Each local government must include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use. (§163.3177(6)(a)7., F.S.)
    5. The future land use element and any amendment to the future land use element must discourage the proliferation of urban sprawl. (§163.3177(6)(a)9., F.S.)
      1. The proposed comprehensive plan or plan amendment, evaluated in the context of features and characteristics unique to the locality against these primary indicators, does not discourage the proliferation of urban sprawl if the plan or plan amendment: (§163.3177(6)(a)9.a., F.S.)
        1. Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses.
        2. Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development.
        3. Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon patterns generally emanating from existing urban developments.
        4. Fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems.
        5. Fails to adequately protect adjacent agricultural areas and activities, including silviculture, active agricultural and silvicultural activities, passive agricultural activities, and dormant, unique, and prime farmlands and soils.
        6. Fails to maximize use of existing public facilities and services.
        7. Fails to maximize use of future public facilities and services.
        8. Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government.
        9. Fails to provide a clear separation between rural and urban uses.
        10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities.
        11. Fails to encourage a functional mix of uses.
        12. Results in poor accessibility among linked or related land uses.
        13. Results in the loss of significant amounts of functional open space.
      2. The future land use element or plan amendment must 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: (§163.3177(6)(a)9.b., F.S.)
        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.
        2. Promotes the efficient and cost-effective provision or extension of public infrastructure and services.
        3. 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.
        4. Promotes conservation of water and energy.
        5. Preserves agricultural areas and activities, including silviculture, and dormant, unique, and prime farmlands and soils.
        6. Preserves open space and natural lands and provides for public open space and recreation needs.
        7. Creates a balance of land uses based upon demands of residential population for the nonresidential needs of an area.
        8. 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.
    6. The future land use plan and plan amendments must be based upon surveys, studies, and data regarding the area, as applicable, including: (§163.3177(6)(a)2., F.S.)
      1. The amount of land required to accommodate anticipated growth.
      2. The projected population of the area.
      3. The character of undeveloped land.
      4. The availability of water supplies, public facilities, and services.
      5. 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.
      6. The compatibility of uses on lands adjacent to or closely proximate to military installations.
      7. Lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02.
      8. The discouragement of urban sprawl.
      9. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy.
      10. The need to modify land uses and development patterns within antiquated subdivisions.
    7. The future land use plan of a county may designate areas for possible future municipal incorporation. (§163.3177(6)(a)5., F.S.)
    8. The future land use element must include a future land use map or map series. (§163.3177(6)(a)10., F.S.)
      1. The proposed distribution, extent, and location of the following uses must be shown on the future land use map or map series: (§163.3177(6)(a)10.a., F.S.)
        1. Residential.
        2. Commercial.
        3. Industrial.
        4. Agricultural.
        5. Recreational.
        6. Conservation.
        7. Educational.
        8. Public.
      2. The following areas must also be shown on the future land use map or map series, if applicable: (§163.3177(6)(a)10.b., F.S.)
        1. Historic district boundaries and designated historically significant properties meriting protection, generally identified and depicted. (§163.3177(6)(a)6. and 10.b., F.S.)
        2. Transportation concurrency management area boundaries or transportation concurrency exception area boundaries. (§163.3177(6)(a)10.b., F.S.)
        3. Multimodal transportation district boundaries. (§163.3177(6)(a)10.b., F.S.)
        4. Mixed use categories. (§163.3177(6)(a)10.b., F.S.)
      3. The following natural resources or conditions must be shown on the future land use map or map series, if applicable: (§163.3177(6)(a)10.c., F.S.)
        1. Existing and planned public potable waterwells, cones of influence, and wellhead protection areas.
        2. Beaches and shores, including estuarine systems.
        3. Rivers, bays, lakes, floodplains, and harbors.
        4. Wetlands.
        5. Minerals and soils.
        6. Coastal high hazard areas.
    9. Future land use map amendments must be based upon the following analyses: (§163.3177(6)(a)8., F.S.)
      1. An analysis of the availability of facilities and services.
      2. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site.
      3. An analysis of the minimum amount of land needed as determined by the local government. (§163.3177(6)(a)8., F.S.)
    10. Local governments required to update or amend their comprehensive plan to include criteria and address compatibility of lands adjacent or closely proximate to existing military installations, or lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02, in their future land use plan element must transmit the update or amendment to the state land planning agency by June 30, 2012. (§163.3177(6)(a)11., F.S.)
  • Transportation Element. The comprehensive plan must include a transportation element that addresses mobility issues in relationship to the size and character of the local government. (§163.3177(6)(b), F.S.)
    1. The purpose of the transportation element is to plan for a multimodal transportation system that places emphasis on public transportation systems, where feasible. (§163.3177(6)(b), F.S.)
    2. The element must provide for a safe, convenient multimodal transportation system, coordinated with the future land use map or map series and designed to support all elements of the comprehensive plan. (§163.3177(6)(b), F.S.)
    3. The element must be coordinated with the plans and programs of any applicable metropolitan planning organization, transportation authority, Florida Transportation Plan, and Department of Transportation’s adopted work program. (§163.3177(6)(b), F.S.)
    4. The element must include a map or map series showing the general location of the existing and proposed transportation system features and be coordinated with the future land use map or map series. (§163.3177(6)(b)1., F.S.)
    5. The element must reflect the data, analysis, and associated principles and strategies relating to: (§163.3177(6)(b)1., F.S.)
      1. The existing transportation system levels of service and system needs and the availability of transportation facilities and services.
      2. The growth trends and travel patterns and interactions between land use and transportation.
      3. Existing and projected intermodal deficiencies and needs.
      4. The projected transportation system levels of service and system needs based upon the future land use map and the projected integrated transportation system.
      5. How the local government will correct existing facility deficiencies, meet the identified needs of the projected transportation system, and advance the purpose of this paragraph and the other elements of the comprehensive plan.
    6. Transportation corridors, as defined in s. 334.03, may be designated in the transportation element pursuant to s. 337.273. (§163.3177(6)(b)1., F.S.)
      1. If the transportation corridors are designated, the local government may adopt a transportation corridor management ordinance. (§163.3177(6)(b)1., F.S.)
    7. Requirements based on relationship to metropolitan planning area.
      1. Local governments that are not located within the metropolitan planning area of an M.P.O. and have a population of 50,000 or less are only required to address transportation circulation. (§163.3177(6)(b), F.S.)
      2. Per the general paragraph, §163.3177(6)(b), F.S., local governments that are not located within the metropolitan planning area of an M.P.O. and have a population of more than 50,000 must address traffic circulation, mass transit, and ports, and aviation and related facilities consistent with this subsection, BUT subparagraph §163.3177(6)(b)3. says that it is municipalities, not all local governments, having populations greater than 50,000 and counties having populations greater than 75,000 that, in addition to traffic circulation, must address mass-transit and plans for port, aviation, and related facilities, as well as plans for the circulation of recreational traffic.
      3. A local government that has all or part of its jurisdiction within the metropolitan planning area of a metropolitan planning organization (M.P.O.), pursuant to §339.175, must prepare and adopt a transportation element addressing the full range of transportation issues, as indicated in §163.3177(6)(b)(2). (§163.3177(6)(b), F.S.)
    8. Traffic circulation. Each local government’s transportation element must address traffic circulation including the types, locations, and extent of existing and proposed major thoroughfares and transportation routes, including bicycle and pedestrian ways. (§163.3177(6)(b)1., F.S.)
    9. Mass transit. The transportation element must include mass-transit provisions addressing:
      1. Proposed methods for the moving of people, rights-of-way, terminals, and related facilities, and
      2. 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. (§163.3177(6)(b)3., F.S.)
    10. Port, aviation, and related facilities. Local governments so required by its size or location (see above) must address in the transportation element port, aviation, and related facilities plans, coordinated with the general circulation and transportation element. (§163.3177(6)(b)3., F.S.)
    11. Recreational traffic. Local governments so required by its size or location (see above) must address in the transportation element 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. (§163.3177(6)(b)3., F.S.)
    12. Local governments within a metropolitan planning area designated as an M.P.O. pursuant to s. 339.175 must address traffic circulation and: (§163.3177(6)(b)2., F.S.)
      1. All alternative modes of travel, such as public transportation, pedestrian, and bicycle travel.
      2. Aviation, rail, seaport facilities, access to those facilities, and intermodal terminals.
      3. The capability to evacuate the coastal population before an impending natural disaster.
      4. Airports, projected airport and aviation development, and land use compatibility around airports, which includes areas defined in §§ 333.01 and 333.02.
      5. An identification of land use densities, building intensities, and transportation management programs to promote public transportation systems in designated public transportation corridors so as to encourage population densities sufficient to support such systems.
    13. Integration of an airport master plan into the comprehensive plan. (§163.3177(6)(b)4., F.S. – largely from previous §163.3177(6)(k), F.S.)
      1. At the option of the local government, an airport master plan (and any subsequent amendments) prepared by a licensed publicly owned and operated airport under §333.06, may be incorporated into the comprehensive plan of the local government where the airport (or projected airport development) is located, by the adoption of a comprehensive plan amendment. (§163.3177(6)(b)4., F.S.)
      2. The plan amendment that integrates the airport master plan must address:
        1. Land use compatibility, consistent with chapter 333 regarding airport zoning;
        2. The provision of regional transportation facilities for the efficient use and operation of the transportation system and airport;
        3. Consistency with the local government transportation circulation element and applicable M.P.O. long-range transportation plans; and
        4. 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. (§163.3177(6)(b)4., F.S.)
      3. The integrating plan amendment may address airport-related or aviation-related development. (§163.3177(6)(b)4., F.S.)
      4. 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.
      5. Notwithstanding any other general law, an airport that has received a development-of-regional-impact development order pursuant to §380.06, but which is no longer required to undergo development-of-regional-impact review pursuant to this subsection, may rescind its development-of-regional-impact order upon written notification to the applicable local government. Upon receipt by the local government, the development-of- regional-impact development order must be deemed rescinded. (§163.3177(6)(b)4., F.S.)
  • General Facilities Element. The comprehensive plan must include a general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element. (§163.3177(6)(c), F.S.)
    1. The element must be 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. (§163.3177(6)(c), F.S.)
    2. The element may be a detailed engineering plan, including a topographic map depicting areas of prime groundwater recharge. (§163.3177(6)(c), F.S.)
    3. The element must address in the data and analyses those facilities that provide service within the local government’s jurisdiction. (§163.3177(6)(c)1., F.S.)
      1. Local governments that provide facilities to serve areas within other local government jurisdictions must also address those facilities in the data and analyses, using data from the comprehensive plan for those areas for the purpose of projecting facility needs. (§163.3177(6)(c)1., F.S.)
      2. For shared facilities, each local government must indicate the proportional capacity of the systems allocated to serve its jurisdiction. (§163.3177(6)(c)1., F.S.)
    4. The element must 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. (§163.3177(6)(c)2., F.S.)
    5. The element must 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; conservation of potable water resources; and protecting the functions of natural groundwater recharge areas and natural drainage features. (§163.3177(6)(c)2., F.S.)
    6. The element must incorporate, within 18 months after the governing board approves an updated regional water supply plan, 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). (§163.3177(6)(c)3., F.S.)
      1. If a local government is located within two water management districts, the local government must adopt its comprehensive plan amendment within 18 months after the later updated regional water supply plan. (§163.3177(6)(c)3., F.S.)
      2. The element must:
        1. 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 (§163.3177(6)(c)3., F.S.)
        2. 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. (§163.3177(6)(c)3., F.S.)
        3. The work plan must be updated, at a minimum, every 5 years within 18 months after the governing board of a water management district approves an updated regional water supply plan. (§163.3177(6)(c)3., F.S.)
      3. Local governments, public and private utilities, regional water supply authorities, special districts, and water management districts are encouraged to cooperatively plan for the development of multijurisdictional water supply facilities that are sufficient to meet projected demands for established planning periods, including the development of alternative water sources to supplement traditional sources of groundwater and surface water supplies. (§163.3177(6)(c)3., F.S.)
  • Conservation Element. The comprehensive plan must include a conservation element.
    1. The element must provide for the conservation, use, and protection of area natural resources, including factors affecting energy conservation. (§163.3177(6)(d), F.S.)
      1. The list of the natural resources to be addressed include air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources. (§163.3177(6)(d), F.S.)
    2. The following natural resources, where present within the local government’s boundaries, must 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 must also be identified: (§163.3177(6)(d)1., F.S.)
      1. Rivers, bays, lakes, wetlands including estuarine marshes, groundwaters, and springs, including information on quality of the resource available.
      2. Floodplains.
      3. Known sources of commercially valuable minerals.
      4. Areas known to have experienced soil erosion problems.
      5. Areas that are the location of recreationally and commercially important fish or shellfish, wildlife, marine habitats, and vegetative communities (including forests), indicating known dominant species present and species listed by federal, state, or local government agencies as endangered, threatened, or species of special concern.
    3. The element must contain principles, guidelines, and standards for conservation that provide long-term goals and which: (§163.3177(6)(d)2., F.S.)
      1. Protects air quality.
      2. 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.
      3. Protects from activities and land uses known to affect adversely the quality and quantity of identified water sources, including natural groundwater recharge areas, wellhead protection areas, and surface waters used as a source of public water supply.
      4. Provides for the emergency conservation of water sources in accordance with the plans of the regional water management district.
      5. Conserves, appropriately uses, and protects minerals, soils, and native vegetative communities, including forests, from destruction by development activities.
      6. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and marine habitat.
      7. Restricts activities known to adversely affect the survival of endangered and threatened wildlife.
      8. Protects existing natural reservations identified in the recreation and open space element.
      9. Maintains cooperation with adjacent local governments to conserve, appropriately use, or protect unique vegetative communities located within more than one local jurisdiction.
      10. Designates environmentally sensitive lands for protection based on locally determined criteria which further the goals and objectives of the conservation element.
      11. Manages hazardous waste to protect natural resources.
      12. Protects and conserves wetlands and the natural functions of wetlands.
      13. Directs future land uses that are incompatible with the protection and conservation of wetlands and wetland functions away from wetlands. (§163.3177(6)(d)2., F.S.)
        1. 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 must be considered when directing incompatible land uses away from wetlands.
        2. Land uses must be distributed in a manner that minimizes the effect and impact on wetlands.
        3. The protection and conservation of wetlands by the direction of incompatible land uses away from wetlands must occur in combination with other principles, guidelines, standards, and strategies in the comprehensive plan.
        4. Where incompatible land uses are allowed to occur, mitigation must be considered as one means to compensate for loss of wetlands functions.
    4. The element must analyze 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. (§163.3177(6)(d)3., F.S.)
      1. The analysis must consider the existing levels of water conservation, use, and protection and applicable policies of the regional water management district. (§163.3177(6)(d)3., F.S.)
      2. The analysis must also 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). (§163.3177(6)(d)3., F.S.)
      3. This information must be submitted to the appropriate agencies. (§163.3177(6)(d)3., F.S.)
  • Recreation and Open Space Element. The comprehensive plan must include 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. (§163.3177(6)(e), F.S.)
  • Housing Element. The comprehensive plan must include a housing element. (§163.3177(6)(f), F.S.)
    1. The housing element must contain principles, guidelines, standards, and strategies to be followed in: (§163.3177(6)(f)1., F.S.)
      1. The provision of housing for all current and anticipated future residents of the jurisdiction.
      2. The elimination of substandard dwelling conditions.
      3. The structural and aesthetic improvement of existing housing.
      4. 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.
      5. Provision for relocation housing and identification of historically significant and other housing for purposes of conservation, rehabilitation, or replacement.
      6. The formulation of housing implementation programs.
      7. 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.
      8. The previous references requiring consideration of energy efficiency and the use of renewable energy resources are deleted.
      9. The requirement of a separate affordable workforce housing plan in certain counties of previous §163.3177(6)(f)1.j., F.S., is deleted.
    2. 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 must be disposed of by the local government pursuant to s. 125.379 or s. 166.0451. (§163.3177(6)(f)1.d., F.S.) [added by 2011-HB639]
    3. The guidelines, standards, and strategies must reflect, as needed: (§163.3177(6)(f)3., F.S.)
      1. the creation and preservation of affordable housing for all current and anticipated future residents of the jurisdiction,
      2. elimination of substandard housing conditions,
      3. adequate sites, and
      4. distribution of housing for a range of incomes and types, including mobile and manufactured homes.
    4. 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. (§163.3177(6)(f)3., F.S.)
    5. Data and analysis.
      1. The principles, guidelines, standards, and strategies of the housing element must be based on the data and analysis prepared on housing needs, including an inventory taken from the latest decennial United States Census or more recent estimates. (§163.3177(6)(f)2., F.S.)
      2. The data and analysis/inventory must 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 must show the number of dwelling units that are substandard. (§163.3177(6)(f)2., F.S.)
      3. The inventory must 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. (§163.3177(6)(f)2., F.S.)
    6. State and federal housing plans prepared on behalf of the local government must be consistent with the goals, objectives, and policies of the housing element. (§163.3177(6)(f)4., F.S.)
    7. Local governments are encouraged to use job training, job creation, and economic solutions to address a portion of their affordable housing concerns. (§163.3177(6)(f)4., F.S.)
    8. The provisions of previous §163.3177(6)(f)2., addressing state conducted affordable housing needs assessments, are deleted.
  • Coastal Management Element. The comprehensive plan in those local governments identified in §380.24 (which did not change) must include a coastal management element. (§163.3177(6)(g), F.S.)
    1. The element must be appropriately related to its conservation element and recreation and open space element. (§163.3177(6)(g), F.S.)
    2. The coastal management element must set forth the principles, guidelines, standards, and strategies that will guide the local government’s decisions and program implementation with respect to the following objectives: (§163.3177(6)(g), F.S.)
      1. Maintain, restore, and enhance the overall quality of the coastal zone environment, including, but not limited to, its amenities and aesthetic values.
      2. Preserve the continued existence of viable populations of all species of wildlife and marine life.
      3. Protect the orderly and balanced utilization and preservation, consistent with sound conservation principles, of all living and nonliving coastal zone resources.
      4. Avoid irreversible and irretrievable loss of coastal zone resources.
      5. Use ecological planning principles and assumptions in the determination of the suitability permitted development.
      6. Limit public expenditures that subsidize development in coastal high-hazard areas.
      7. Protect human life against the effects of natural disasters.
      8. Direct the orderly development, maintenance, and use of ports identified in s. 403.021(9) to facilitate deepwater commercial navigation and other related activities.
      9. Preserve historic and archaeological resources, which include the sensitive adaptive use of these resources.
    3. At the option of the local government, the coastal management element may include an adaptation action area designation for those low-lying coastal zones that are experiencing coastal flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. (§163.3177(6)(g)10., F.S.)
      1. Local governments that adopt an adaptation action area may consider policies within the coastal management element to improve resilience to coastal flooding resulting from high-tide events, storm surge, flash floods, stormwater runoff, and related impacts of sea level rise. (§163.3177(6)(g)10., F.S.)
      2. Criteria for the adaptation action area may include, but need not be limited to, areas for which the land elevations are below, at, or near mean higher high water, which have a hydrologic connection to coastal waters, or which are designated as evacuation zones for storm surge. (§163.3177(6)(g)10., F.S.)
    4. The element must meet the requirements of §163.3178(2), (§163.3177(6)(g), F.S.), which says the element must:
      1. Be based on studies, surveys, and data; (§163.3178(2), F.S.)
      2. Be consistent with coastal resource plans prepared and adopted pursuant to general or special law; and (§163.3178(2), F.S.)
      3. Contain: (§163.3178(2), F.S.)
        1. A land use and inventory map of existing coastal uses, wildlife habitat, wetland and other vegetative communities, undeveloped areas, areas subject to coastal flooding, public access routes to beach and shore resources, historic preservation areas, and other areas of special concern to local government.
        2. An analysis of the environmental, socioeconomic, and fiscal impact of development and redevelopment proposed in the future land use plan, with required infrastructure to support this development or redevelopment, on the natural and historical resources of the coast and the plans and principles to be used to control development and redevelopment to eliminate or mitigate the adverse impacts on coastal wetlands; living marine resources; barrier islands, including beach and dune systems; unique wildlife habitat; historical and archaeological sites; and other fragile coastal resources.
        3. An analysis of the effects of existing drainage systems and the impact of point source and nonpoint source pollution on estuarine water quality and the plans and principles, including existing state and regional regulatory programs, which must be used to maintain or upgrade water quality while maintaining sufficient quantities of water flow.
        4. A component which outlines principles for hazard mitigation and protection of human life against the effects of natural disaster, including population evacuation, which take into consideration the capability to safely evacuate the density of coastal population proposed in the future land use plan element in the event of an impending natural disaster. The Division of Emergency Management must manage the update of the regional hurricane evacuation studies, ensure such studies are done in a consistent manner, and ensure that the methodology used for modeling storm surge is that used by the National Hurricane Center.
        5. A component which outlines principles for protecting existing beach and dune systems from human-induced erosion and for restoring altered beach and dune systems.
        6. A redevelopment component which outlines the principles which must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise.
        7. A shoreline use component that identifies public access to beach and shoreline areas and addresses the need for water-dependent and water-related facilities, including marinas, along shoreline areas. Such component must include the strategies that will be used to preserve recreational and commercial working waterfronts as defined in s. 342.07.
        8. Designation of coastal high-hazard areas and the criteria for mitigation for a comprehensive plan amendment in a coastal high-hazard area as defined in subsection 163.3178(9), F.S. The coastal high-hazard area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Application of mitigation and the application of development and redevelopment policies, pursuant to s. 380.27(2), and any rules adopted thereunder, must be at the discretion of local government.
        9. A component which outlines principles for providing that financial assurances are made that required public facilities will be in place to meet the demand imposed by the completed development or redevelopment. Such public facilities will be scheduled for phased completion to coincide with demands generated by the development or redevelopment.
        10. An identification of regulatory and management techniques that the local government plans to adopt or has adopted in order to mitigate the threat to human life and to control proposed development and redevelopment in order to protect the coastal environment and give consideration to cumulative impacts.
        11. A component which includes the comprehensive master plan prepared by each deepwater port listed in s. 311.09(1), which addresses existing port facilities and any proposed expansions, and which adequately addresses the applicable requirements of paragraphs (a)-(k) for areas within the port and proposed expansion areas. Such component must be submitted to the appropriate local government at least 6 months prior to the due date of the local plan and must be integrated with, and must meet all criteria specified in, the coastal management element. “The appropriate local government” means the municipality having the responsibility for the area in which the deepwater port lies, except that where no municipality has responsibility, where a municipality and a county each have responsibility, or where two or more municipalities each have responsibility for the area in which the deepwater port lies, “the appropriate local government” means the county which has responsibility for the area in which the deepwater port lies. Failure by a deepwater port which is not part of a local government to submit its component to the appropriate local government must not result in a local government being subject to sanctions pursuant to ss. 163.3167 and 163.3184. However, a deepwater port which is not part of a local government must be subject to sanctions pursuant to s. 163.3184.
    5. The element must meet the requirements of §163.3178(3). (§163.3177(6)(g), F.S.)
    6. The provisions of previous §163.3177(6)(g)2., F.S., addressing recreational surface water use policies, are deleted.
  • Intergovernmental Coordination Element. The comprehensive plan must include a intergovernmental coordination element. (§163.3177(6)(h)1., F.S.)
    1. The element must show relationships and state principles and guidelines to be used in coordinating the adopted comprehensive plan: (§163.3177(6)(h)1., F.S.)
      1. with the plans of: (§163.3177(6)(h)1. and 2., F.S.)
        1. school boards,
        2. regional water supply authorities, and
        3. other units of local government providing services, but not having regulatory authority over the use of land,
      2. with the comprehensive plans of:
        1. adjacent municipalities,
        2. the county,
        3. adjacent counties, or
        4. the region,
      3. with the state comprehensive plan and
      4. with the applicable regional water supply plan,
      5. as the case may require and as such adopted plans or plans in preparation may exist.
    2. The element must:
      1. Demonstrate consideration of the particular effects of the adopted local plan on the development of adjacent municipalities, the county, adjacent counties, or the region, or upon the state comprehensive plan, as the case may require. (§163.3177(6)(h)1., F.S.)
      2. 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. (§163.3177(6)(h)3.a., F.S.)
        1. The area of concern for municipalities must include adjacent municipalities, the county, and counties adjacent to the municipality. (§163.3177(6)(h)(3)a., F.S.)
        2. The area of concern for counties must include all municipalities within the county, adjacent counties, and adjacent municipalities. (§163.3177(6)(h)3.a., F.S.)
      3. Provide procedures for identifying and implementing joint planning areas, especially for the purpose of annexation, municipal incorporation, and joint infrastructure service areas. (§163.3177(6)(h)1.a., F.S.)
      4. Provide for a dispute resolution process, as established pursuant to s. 186.509, for bringing intergovernmental disputes to closure in a timely manner. (§163.3177(6)(h)1.b., F.S.)
      5. Provide for interlocal agreements as established pursuant to s. 333.03(1)(b). (§163.3177(6)(h)1.c., F.S.)
      6. Describe joint processes for collaborative planning and decision-making 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. (§163.3177(6)(h)2., F.S.)
      7. 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. (§163.3177(6)(h)3.b., F.S.)
    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 must establish, by interlocal agreement or other formal agreement executed by all affected entities, the joint processes described in the statute consistent with their adopted intergovernmental coordination elements. (§163.3177(6)(h)3., F.S.)
    4. Deletions
      1. The requirement that the intergovernmental coordination element recognize campus master plans and airport master plans of previous §163.3177(6)(h)1.b., F.S., is deleted.
      2. The provisions of former §163.3177(6)(h)5.-7, concerning a report to the Department of Community Affairs on service deficiencies, are deleted.
  • The provisions addressing public school facilities elements in former §163.3177(12), F.S., are deleted.
  • The provisions defining consistency, as it relates to consistency of local comprehensive plans with the state comprehensive plan and appropriate regional policy plan, in former §163.3177(10)(a), F.S., are deleted. This deletion, coupled with the deletion of chapter 9J-5, F.A.C., eliminates the explicit definitions of the “compatible with” and “furthers” terms that are used in the “consistency” provision of §163.3194(3)(a), F.S., which was not deleted. See the updated Consistency with the comprehensive plan for more on the definition of consistency.
  • The provisions in former §163.3177(10), F.S., addressing the rules of chapter 9J-5, are deleted.
  • The community vision provisions of former §163.3177(13), F.S., are deleted.
  • The urban service boundary provisions of former §163.3177(14), F.S., are deleted.