The Florida Legislature made a lot of changes to how local governments can make plans for growth in 2011. They wanted to give more power to local governments and make it easier for them to make their own decisions about how their area should grow. They also got rid of a state agency that used to review and approve local plans. The new rules make it easier for local governments to change their plans and also make it harder for people to challenge those plans in court. HB 7207 requires that most changes to the comprehensive plan go through a faster review process, but a few special changes will still go through the regular review process. The faster review process means that the reviewing agencies have 30 days to give their feedback on the proposed changes. The state agencies can only comment on things that are important to the state and will be negatively affected by the changes. They also have to come up with ways to lessen any negative effects. The regular review process is pretty much the same, but the state agencies don’t have to give their feedback if they don’t want to. The process for making small changes to local land use plans has been kept, with some small changes. Now, there’s no limit on how many homes can be built in a small area, and local governments can make more changes each year. Also, they don’t have to tell the state about the changes, and the state can’t interfere with them.
When a local government is trying to solve a problem with their plan, they can make more changes at the same time. However, the changes can’t go against the original plan fix. The new law has changed the process for reviewing and making changes to local development plans. One important change is that there is now a deadline of 180 days to adopt a plan or plan amendment, unless it’s about a big regional development. If the deadline passes without a decision, the amendment is cancelled.
The law also got rid of the state rule that required local governments to manage how new development affects transportation, schools, and parks. Now, it’s up to each local government to decide what to do about these facilities. The only facilities the state still requires management for are sewer, waste, drainage, and water.
If a local government does decide to manage transportation, it has to talk with the state transportation department when making changes that affect important transportation facilities. The law also has new rules for how much developers have to help pay for things like roads when they build new developments. The state transportation department will come up with more recommendations for these rules by December 2011. The new law makes school concurrency optional for local governments, and they can now count portables as part of permanent classroom capacity. Parks and recreation concurrency is no longer mandated by the state. The process for reviewing and amending local plans has been simplified and local governments are now responsible for identifying and incorporating new statutory requirements into their plans. If they don’t comply, they can’t make any changes to their plans. The act gets rid of some old rules and changes the standards for reviewing local government plans. It no longer looks at “lack of need” as a sign of urban sprawl and makes the process simpler. It also sets a minimum amount of land that plans must be based on. The definition of “in compliance” for reviewing plans and plan amendments has been changed in the law. Now, plans no longer need to be consistent with certain rules and the state comprehensive plan. They still need to be consistent with regional policy plans, but the law no longer defines how that consistency should be shown.
The requirement for plans to be financially feasible has been removed. However, a schedule of necessary projects for public facilities and services still needs to be included in the plans. This schedule can include unfunded projects as long as they are labeled as unfunded and given a priority level for funding. Also, privately funded projects don’t need to be included in the schedule. Local governments still need to review their capital improvements plans every year, and they can make changes to the five-year schedule through an ordinance without having to go through a big process. Every local government has to have at least two planning periods in their development plans. They have to plan for at least 5 years and at least 10 years after the plan is made. They can also have additional planning periods for specific projects. There is no limit on the number of sector plans a local government can have, and these plans cover large areas for conservation, agriculture, and development. Development within an approved sector plan doesn’t need to go through a big review process. The local government can also decide to exclude certain properties from the sector plan if they want to. The new law requires specific area plans to be adopted by a local development order instead of a plan amendment. If someone disagrees with the development order, they can file an appeal with the Florida Land and Water Adjudicatory Commission. A person can also challenge a plan or plan amendment by filing a petition with the Division of Administrative Hearings within 30 days after it’s adopted. The state land planning agency can also challenge certain plans or amendments. The state land planning agency can file a petition for expedited review if it believes a plan or amendment will harm an important state resource or facility. Under the coordinated state review process, the agency can raise any compliance issue. If the agency challenges a local government’s decision, the government is presumed to be correct and the agency has to prove otherwise. If the agency’s issues are not consistent with new laws, the case will be dismissed. Local governments have time to adapt to the new laws before they have to make changes to their plans. The Home Rule Act has restricted local government’s powers regarding voting on development orders and plan amendments. There have been changes to the law, including permit extensions and developments of regional impact. This means local governments have more responsibility for decisions that affect their communities. The act is a big change from the past 20 years of state oversight. Linda Loomis Shelley is a lawyer with lots of experience in land use and environmental law. Karen Brodeen is a lawyer who has worked for the government and now works for a law firm. She is sharing information on behalf of a section of lawyers who focus on city, county, and local government law. The section wants to help its members understand their duty to serve the public and improve how justice is served. This information is from the Rules Regulating The Florida Bar.
Source: https://www.floridabar.org/the-florida-bar-journal/home-rule-redux-the-community-planning-act-of-2011/
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