HB 987

A bill to be entitled
2An act relating to optional sector plans; amending s.
3163.3245, F.S.; increasing the minimum size of geographic
4areas that qualify for the use of optional sector plans;
5revising terminology relating to such plans; deleting
6obsolete provisions; requiring that public notice be given
7for scoping meetings between the state land planning
8agency and the local government; revising the content
9required to be included in conceptual long-term overlay
10plans and detailed specific area plans; requiring
11identification of water development projects and
12transportation facilities to serve future development
13needs; authorizing a long-term conceptual overlay plan and
14a detailed specific area plan to be based on a planning
15period longer than the generally applicable planning
16period; providing that a long-term conceptual overlay plan
17is not required to demonstrate certain need; providing
18that a detailed specific area plan may demonstrate certain
19need; requiring the state land planning agency to consult
20with the Department of Agriculture and Consumer Services,
21the Department of Environmental Protection, the Fish and
22Wildlife Conservation Commission, and the applicable water
23management district in its review of certain plans;
24requiring a long-range transportation plan to be
25consistent with the long-term conceptual overlay plan;
26requiring certain water development projects to be
27incorporated into certain water supply plans; authorizing
28an applicant to request a consumptive use permit for a
29duration commensurate with the long-term conceptual
30overlay plan; exempting certain developments from the
31requirement to develop a detailed specific area plan;
32requiring that certain plan amendments or long-term
33conceptual overlay plans include a buildout date and
34preclude certain changes in the development until after
35that date; authorizing certain development agreements
36between the developer and the local government; providing
37for the owners of property in the planning area to
38withdraw consent to certain plans; providing exceptions;
39providing for continuation of certain existing land uses;
40providing for certain plans in compliance before the
41effective date of the act to be governed by the act;
42providing an effective date.
44Be It Enacted by the Legislature of the State of Florida:
46     Section 1.  Section 163.3245, Florida Statutes, is amended
47to read:
48     163.3245  Optional sector plans.-
49     (1)  In recognition of the benefits of conceptual long-
50range planning for the buildout of an area, and detailed
51planning for specific areas, as a demonstration project, the
52requirements of s. 380.06 may be addressed as identified by this
53section for up to five local governments or combinations of
54local governments may which adopt into their the comprehensive
55plans plan an optional sector plans plan in accordance with this
56section. This section is intended to further the intent of s.
57163.3177(11), which supports innovative and flexible planning
58and development strategies, and the purposes of this part, and
59part I of chapter 380, and to avoid duplication of effort in
60terms of the level of data and analysis required for a
61development of regional impact, while ensuring the adequate
62mitigation of impacts to applicable regional resources and
63facilities, including those within the jurisdiction of other
64local governments, as would otherwise be provided. Optional
65sector plans are intended for substantial geographic areas that
66include including at least 15,000 5,000 acres of one or more
67local governmental jurisdictions and are to emphasize urban form
68and protection of regionally significant resources and public
69facilities. The state land planning agency may approve optional
70sector plans of less than 5,000 acres based on local
71circumstances if it is determined that the plan would further
72the purposes of this part and part I of chapter 380. Preparation
73of an optional sector plan is authorized by agreement between
74the state land planning agency and the applicable local
75governments under s. 163.3171(4). An optional sector plan may be
76adopted through one or more comprehensive plan amendments under
77s. 163.3184. However, an optional sector plan may not be adopted
78authorized in an area of critical state concern.
79     (2)  Upon request by the local government having
80jurisdiction, The state land planning agency may enter into an
81agreement to authorize preparation of an optional sector plan
82upon the request of one or more local governments based on
83consideration of problems and opportunities presented by
84existing development trends; the effectiveness of current
85comprehensive plan provisions; the potential to further the
86state comprehensive plan, applicable strategic regional policy
87plans, this part, and part I of chapter 380; and those factors
88identified by s. 163.3177(10)(i). the applicable regional
89planning council shall conduct a scoping meeting with affected
90local governments and those agencies identified in s.
91163.3184(4) before preparation of the optional sector plan
92execution of the agreement authorized by this section. The
93purpose of this meeting is to assist the state land planning
94agency and the local government in the identification of the
95relevant planning issues to be addressed and the data and
96resources available to assist in the preparation of subsequent
97plan amendments. If a scoping meeting is conducted, the regional
98planning council shall make written recommendations to the state
99land planning agency and affected local governments regarding,
100including whether a sustainable sector plan would be
101appropriate. The agreement must define the geographic area to be
102subject to the sector plan, the planning issues that will be
103emphasized, the requirements for intergovernmental coordination
104to address extrajurisdictional impacts, the supporting
105application materials including data and analysis, and the
106procedures for public participation. An agreement may address
107previously adopted sector plans that are consistent with the
108standards in this section. Before executing an agreement under
109this subsection, the local government shall hold a duly noticed
110public workshop to review and explain to the public the optional
111sector planning process and the terms and conditions of the
112proposed agreement. The local government shall hold a duly
113noticed public hearing to execute the agreement. Scoping All
114meetings between the state land planning agency department and
115the local government must be noticed and open to the public.
116     (3)  Optional sector planning encompasses two levels:
117adoption under s. 163.3184 of a conceptual long-term buildout
118overlay plan as part of to the comprehensive plan, having no
119immediate effect on the issuance of development orders or the
120applicability of s. 380.06, and adoption under s. 163.3184 of
121detailed specific area plans that implement the conceptual long-
122term buildout overlay plan and authorize issuance of development
123orders, and within which s. 380.06 is waived. Until such time as
124a detailed specific area plan is adopted, the underlying future
125land use designations apply, except as provided in subsection
127     (a)  In addition to the other requirements of this chapter,
128a conceptual long-term buildout overlay plan must include maps
129and text and be supported by data and analysis that address:
130     1.  A long-range conceptual overlay plan framework map that
131at a minimum identifies the allowed uses in various parts of the
132planning area and the maximum and minimum densities and
133intensities of use and that generally depicts anticipated areas
134of urban, agricultural, rural, and conservation land use.
135     2.  A general identification of the water supplies needed
136and available sources of water, including water resource
137development and water supply development projects, which are
138needed to meet the projected demand of the future land uses in
139the long-term conceptual overlay plan.
140     3.  A general identification of the transportation
141facilities to serve the future land uses in the long-term
142conceptual overlay plan.
143     4.2.  A general identification of other regionally
144significant public facilities consistent with chapter 9J-2,
145Florida Administrative Code, irrespective of local governmental
146jurisdiction necessary to support buildout of the anticipated
147future land uses, and policies setting forth the procedures to
148be used to mitigate these impacts as part of the adoption of
149detailed specific area plans.
150     5.3.  A general identification of regionally significant
151natural resources within the planning area and policies setting
152forth the procedures for protection and conservation of these
153resources compatible with the overall conservation and
154development strategy for the planning area consistent with
155chapter 9J-2, Florida Administrative Code.
156     6.4.  General principles and guidelines that address the
157urban form and interrelationships of anticipated future land
158uses, and the protection and, as appropriate, restoration and
159management of lands identified for permanent preservation
160pursuant to subparagraph (b)7., for the purposes of and a
161discussion, at the applicant's option, of the extent, if any, to
162which the plan will address restoring key ecosystems, achieving
163a more clean, healthy environment, discouraging the
164proliferation of limiting urban sprawl, providing a range of
165housing types, protecting wildlife and natural areas, advancing
166the efficient use of land and other resources, and creating
167quality communities with a design to promote travel by multiple
168transportation modes, and enhancing the creation of jobs.
169     7.5.  Identification of general procedures and policies to
170facilitate ensure intergovernmental coordination to address
171extrajurisdictional impacts from the long-range conceptual
172overlay plan framework map.
174A long-term conceptual overlay plan adopted pursuant to this
175section may be based on a planning period longer than the
176generally applicable planning period of the local comprehensive
177plan. A long-term conceptual overlay plan adopted pursuant to
178this section is not required to demonstrate need based on
179projected population growth or on any other basis.
180     (b)  In addition to the other requirements of this chapter,
181including those in paragraph (a), the detailed specific area
182plans must include goals, objectives, policies, and maps that
183provide for:
184     1.  An area of adequate size to accommodate a level of
185development which achieves a functional relationship between a
186full range of land uses within the area and to encompass at
187least 1,000 acres. The state land planning agency may approve
188detailed specific area plans of less than 1,000 acres based on
189local circumstances if it is determined that the plan furthers
190the purposes of this part and part I of chapter 380.
191     2.  Detailed identification and analysis of the maximum and
192minimum densities and intensities of use, and the distribution,
193extent, and location of future land uses.
194     3.  Detailed identification of water resource development
195and water supply development projects and related infrastructure
196to address water needs of development in the detailed specific
197area plan.
198     4.  Detailed identification of the transportation
199facilities that will serve the future land uses in the detailed
200specific area plan.
201     5.3.  Detailed identification of other regionally
202significant public facilities, including public facilities
203outside the jurisdiction of the host local governments
204government, anticipated impacts of future land uses on those
205facilities, and required improvements consistent with the
206policies accompanying the plans chapter 9J-2, Florida
207Administrative Code.
208     6.4.  Public facilities necessary for the short term,
209including developer contributions in a financially feasible 5-
210year capital improvement schedule of the affected local
212     7.5.  Detailed analysis and identification of specific
213measures to ensure assure the protection of lands identified in
214the long-term conceptual overlay plan to be permanently
215preserved, and, as appropriate, restored or managed, regionally
216significant natural resources and other important resources both
217within and outside the planning area host jurisdiction,
218including those regionally significant resources identified in
219chapter 9J-2, Florida Administrative Code.
220     8.6.  Principles and guidelines that address the urban form
221and the interrelationships of anticipated future land uses and a
222discussion, at the applicant's option, of the extent, if any, to
223which the plan will address restoring key ecosystems, achieving
224a more clean, healthy environment, discouraging the
225proliferation of limiting urban sprawl, providing a range of
226housing types, protecting wildlife and natural areas, advancing
227the efficient use of land and other resources, and creating
228quality communities of a design that promotes travel by multiple
229transportation modes, and enhancing the prospects for the
230creation of jobs.
231     9.7.  Identification of specific procedures to facilitate
232ensure intergovernmental coordination to address
233extrajurisdictional impacts from of the detailed specific area
236A detailed specific area plan adopted pursuant to this section
237may be based upon a planning period longer than the generally
238applicable planning period of the local comprehensive plan, and
239may demonstrate a need for the detailed specific area plan by
240reference to projected population growth, creation of workplaces
241for job creation and new employment, remediation of preexisting
242development patterns in the vicinity which exhibit the
243characteristics of urban sprawl, or any other professionally
244acceptable methodology.
245     (c)  In its review of a long-term conceptual plan or a
246detailed specific area plan, the state land planning agency
247shall consult with the Department of Agriculture and Consumer
248Services, the Department of Environmental Protection, the
249Florida Fish and Wildlife Conservation Commission, and the
250applicable water management district regarding the design of
251areas for the protection and conservation of regionally
252significant natural resources and for the protection and, as
253appropriate, restoration and management of lands identified for
254permanent preservation pursuant to subparagraph (b)7.
255     (d)(c)  This subsection does may not be construed to
256prevent preparation and approval of the optional sector plan and
257detailed specific area plan concurrently or in the same
259     (4)(a)  Upon the long-term conceptual overlay plan becoming
260legally effective:
261     1.  Any long-range transportation plan developed by a
262metropolitan planning organization pursuant to s. 339.175(7)
263shall be consistent, to the maximum extent feasible, with the
264long-term conceptual overlay plan, including, but not limited
265to, the projected population, the approved uses and densities
266and intensities of use and their distribution within the
267planning area, and the transportation facilities identified in
268adopted plans pursuant to subparagraphs (3)(a)3. and (3)(b)4.
269     2.  The water needs, sources, and water resource
270development and water supply development projects identified in
271adopted plans pursuant to subparagraphs (3)(a)2. and (3)(b)3.
272shall be incorporated into the applicable district and regional
273water supply plans adopted in accordance with ss. 373.036 and
274373.0363. Accordingly, and notwithstanding the permit durations
275stated in s. 373.236, an applicant may request and the
276applicable district may issue consumptive use permits for
277durations commensurate with the long-term conceptual overlay
278plan. The permitting criteria in s. 373.223 shall be applied
279based on the projected population and the approved densities and
280intensities of use and their distribution in the long-term
281conceptual overlay plan.
282     (b)  A development that is subject to s. 380.06 may be
283granted development approval pursuant to s. 380.06 without
284submission and approval of a detailed specific area plan
285pursuant to this section and thereafter is subject to all
286requirements of s. 380.06 in lieu of the requirements of this
287section. The host local government shall submit a monitoring
288report to the state land planning agency and applicable regional
289planning council on an annual basis after adoption of a detailed
290specific area plan. The annual monitoring report must provide
291summarized information on development orders issued, development
292that has occurred, public facility improvements made, and public
293facility improvements anticipated over the upcoming 5 years.
294     (5)  When a plan amendment adopting a detailed specific
295area plan has become effective under ss. 163.3184 and
296163.3189(2), the provisions of s. 380.06 do not apply to
297development within the geographic area of the detailed specific
298area plan. However, any development-of-regional-impact
299development order that is vested from the detailed specific area
300plan may be enforced pursuant to under s. 380.11.
301     (a)  The local government adopting the detailed specific
302area plan is primarily responsible for monitoring and enforcing
303the detailed specific area plan. Local governments shall not
304issue any permits or approvals or provide any extensions of
305services to development which that are not consistent with the
306detailed sector area plan.
307     (b)  If the state land planning agency has reason to
308believe that a violation of any detailed specific area plan, or
309of any agreement entered into under this section, has occurred
310or is about to occur, it may institute an administrative or
311judicial proceeding to prevent, abate, or control the conditions
312or activity creating the violation, using the procedures in s.
314     (c)  In instituting an administrative or judicial
315proceeding involving an optional sector plan or detailed
316specific area plan, including a proceeding pursuant to paragraph
317(b), the complaining party shall comply with the requirements of
318s. 163.3215(4), (5), (6), and (7).
319     (d)  The plan amendment adopting a detailed specific area
320plan shall establish a buildout date until which the approved
321development is not subject to downzoning, unit density
322reduction, or intensity reduction, unless the local government
323can demonstrate that substantial changes in the conditions
324underlying the approval of the detailed specific area plan have
325occurred, that the detailed specific area plan was based on
326substantially inaccurate information provided by the applicant,
327or that the change is clearly established to be essential to the
328public health, safety, or welfare.
329     (6)  If the long-term conceptual overlay plan requires that
330development within the planning area prior to adoption of a
331detailed specific area plan be consistent with the overlay plan
332notwithstanding the underlying land use, the long-term
333conceptual overlay plan shall establish a buildout date until
334which the approved uses and densities and intensities of use are
335not subject to downzoning, unit density reduction, or intensity
336reduction, unless the local government can demonstrate that
337implementation of the plan is not continuing in good faith based
338on standards established by plan policy, that substantial
339changes in the conditions underlying the approval of the overlay
340plan have occurred, that the overlay plan was based on
341substantially inaccurate information provided by the applicant,
342or that the change is clearly established to be essential to the
343public health, safety, or welfare. Such a long-term overlay plan
344may also include a phasing or staging schedule that allocates a
345portion of the county's future growth to the planning area
346through the buildout date in order to provide for orderly
347physical development that discourages the proliferation of urban
348sprawl. Beginning December 1, 1999, and each year thereafter,
349the department shall provide a status report to the Legislative
350Committee on Intergovernmental Relations regarding each optional
351sector plan authorized under this section.
352     (7)  A developer within an area subject to a long-term
353buildout overlay that meets the requirements of paragraph (3)(a)
354and subsection (6) or a detailed specific area plan that meets
355the requirements of paragraph (3)(b) may enter into a
356development agreement with a local government pursuant to ss.
357163.3220-163.3243. The duration of such a development agreement
358may be through the buildout date of the long-term buildout
359overlay plan or detailed specific area plan, as the case may be,
360notwithstanding the limit on the duration of a development
361agreement pursuant to s. 163.3229.
362     (8)  Any owner of property within the defined planning area
363may withdraw his consent to the long-term conceptual overlay
364plan at any time before the local government adoption, and the
365local government shall exclude such parcel from the adopted
366overlay plan. Thereafter, the overlay plan, any detailed
367specific area plan, and the exemption from development-of-
368regional-impact review under this section does not apply to the
369subject parcel. After adoption of the overlay plan, a landowner
370may withdraw his property from the overlay plan only with the
371approval of the local government by plan amendment.
372     (9)  The adoption of a long-term conceptual overlay plan or
373a detailed specific area plan pursuant to this section does not
374limit the right to continue existing agricultural or
375silvicultural uses or other natural resource-based operations or
376to establish similar new uses that are consistent with the plans
377approved pursuant to this section.
378     (10)  Notwithstanding the provisions of this act, a
379detailed specific area plan to implement a conceptual long-term
380buildout overlay of less than 15,000 acres, adopted by a local
381government and found in compliance before the effective date of
382this act, shall be governed by this act.
383     (11)(7)  This section does may not be construed to abrogate
384the rights of any person under this chapter.
385     Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.