What is eliminated?

1. Rules 9J-5 and 9J-11.023 were repealed, however, portions of both rules are incorporated into statutes through CS/HB 7207ER. Rule 9J-11, F.A.C., was not repealed in its entirety. Rule 9J-11, 9J-33, and 9J-42 will be repealed by the Department. The new processing guidelines are now on the web site.
2. The State Comprehensive Plan is removed from the definition of “in compliance” in Section 163.3184(1)(b), F.S., and therefore is no longer a basis for the state land planning agency’s compliance determination.
3. EAR sufficiency review and mandatory plan updates.
4. Concurrency for transportation, schools, and parks and recreation facilities – optional for local governments.
5. Financial feasibility for capital improvement plans – back to pre-2005 status.
6. Twice per year plan amendment limitation.
7. Energy efficiency/greenhouse gas reduction provisions.
8. Public school element.
9. Mining, industrial, hotel and motel and multi-screen movie development are not required to undergo DRI review.

What is revised?
1. Sector Plan Program.
2. Rural Land Stewardship Area Program.
3. Urban service areas definition.
4. Allowance for additional planning periods for portions of jurisdiction.
5. Comprehensive plan amendment process – Expedited Review and State Coordinated Review.
6. Small scale amendment process. [s. 163.3187, F.S]
7. EAR-based amendments – a notification letter submitted to the State Land Planning Agency every seven years only to incorporate new state requirements if determined by a local government to be necessary. Local governments are encouraged to update plan to reflect changes in local conditions.
8. DRI substantial deviation criteria and essentially builtout criteria.
9. Additional extension of DRI buildout and mitigation dates.
10. Transportation proportionate share requirements.
11. Exempts TODs from DRI transportation requirements.
12. New time frame for requesting permit extensions.
13. New criteria for urban sprawl analysis.
14. Land use need.

What is prohibited?

1. Local referenda on plan amendments. [s. 163.3177(8)]

Rules

1. What is the status of Rule 9J-5, F.A.C.?
Response: Rule 9J-5, F.A.C., has been repealed in its entirety; however, portions of Rule 9J-5, F.A.C., have been incorporated into Chapter 163, Part II.
2. What is the status of Rule 9J-11, F.A.C., with respect to the process for submission of amendment packages?
Response: The Department is in the process of repealing Rule 9J-11.
3. What is the process the Division will use to process the comprehensive plan amendments?
Response: The new processes are posted on the Department’s website under “Divisions and Programs”, “Comprehensive Plan Amendment Submittal and Processing Guidelines”, which outlines Expedited State Review, State Coordinated Review and small scale.

Types of Comprehensive Plan Amendments
Section 163.3184, F.S., provides the procedure for large scale amendments to comprehensive plans and creates two different kinds of reviews.

A. Comprehensive Plans and Plan Amendments Submitted Under the Expedited State Review Process, Section 163.3184(3):
This process applies to all amendments except:
• Small scale development amendments which will follow the small scale review process in s. 163.3187, F.S., or;
• Plan amendments that are in an area of critical state concern; propose a rural land stewardship area; propose a sector plan; update a comprehensive plan based on an evaluation and appraisal; or are new plans for a newly incorporated municipality which will follow the state coordinated review process in s. 163.3184(4), F.S.

1. What is the timeframe for transmitting and adopting comprehensive plan amendments under the Expedited Review Process?
Response: For details, please visit the Department website at http://www.dca.state.fl.us/fdcp/dcp/Procedures/index.cfm under Divisions and Programs, “New Comprehensive Plan Amendment Submittal and Procession Guidelines”.

2. What is the challenge period on an adopted amendment for an affected 3rd party under the Expedited Review Process?
Response: An affected person may file a petition with DOAH within 30 days after the local government adopts the amendment.

3. What is the challenge period on an adopted amendment for the state land planning agency under the Expedited Review Process?
Response: The State Land Planning Agency may file a challenge with the Division of Administrative Hearings within 30 days of receipt of the complete adopted plan amendment.
B. Comprehensive Plans and Plan Amendments Submitted Under the State Coordinated Review Process, Section 163.3184(4):

This process applies to all of the following amendments:
Plan amendments that are in an area of critical state concern; propose a rural land stewardship area; propose a sector plan; update a comprehensive plan based on an evaluation and appraisal; or are new plans for a newly incorporated municipality which will follows the state coordinated review process in s. 163.3184(4), F.S.
1. What is the timeframe for transmitting and adopting comprehensive plan amendments under the State Coordinated Review Process?

Response: For details, please visit the Department website at http://www.dca.state.fl.us/fdcp/dcp/Procedures/index.cfm under Divisions and Programs, “New Comprehensive Plan Amendment Submittal and Procession Guidelines

2. What is the challenge period on an adopted amendment for an affected 3rd party under the State Coordinated Review Process?
Response: An affected person may file a petition with DOAH with 30 days after the local government adopts the amendment.

3. What is the challenge period on an adopted amendment for the state land planning agency under the State Coordinated Review Process?
Response: The State Land Planning Agency, within 45 days of receipt of a complete adopted plan amendment issues a NOTICE OF INTENT to find the amendment in compliance or not in compliance. The State Land Planning Agency shall post a copy of the Notice of Intent on the Internet Site.

Comprehensive Plan Amendment Related Questions

1. Who is the state land planning agency?
Response: Currently, it is the Department of Community Affairs (DCA). By October 1, 2011, DCA will transition into the new Department of Economic Opportunity (DEO). When the transition is complete, the Division of Community Development within DEO will be the State land planning agency.
2. Who are the reviewing agencies?
The state land planning agency;
The appropriate regional planning council;
The appropriate water management district;
The Department of Environmental Protection;
The Department of State;
The Department of Transportation;
In the case of plan amendments relating to public schools, the Department of Education;
In the case of plans or plan amendments that affect a military installation listed in s. 163.3175, the commanding officer of the affected military installation;
In the case of county plans and plan amendments, the Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Affairs;
In the case of municipal plans, the county in which the municipality is located.

3. What are the “optional elements” of a comprehensive plan mentioned in s 163.3177, F.S.?
Response: As amended, Section 163.3177, F.S., no longer sets forth any additional elements, or portions or phases thereof that a local government may include in its comprehensive plan. Although optional elements are no longer listed in the statute, examples of the elements a local government may choose to include in its comprehensive plan are an economic development element and/or a transit, port, and aviation sub-elements of its transportation element.

4. May a local government or the regional planning council request a review and ORC as it could under the old process?
Response: No. Language which would have allowed a local government to request a review has been deleted from s. 163.3184(4)(b), F.S. in CS/HB 7207ER.

5. How will a new comprehensive plan or plan amendment that is currently in the process of being adopted be handled?
Response: As of June 2, 2011, the date the bill was signed by the Governor, all plans and plan amendments will be processed under the new law.

6. What if the plan amendment(s) have not been transmitted yet?
Response: As of June 2, 2011, the date the bill was signed by the Governor, all plan amendments will be processed under the new law. Local governments should use the applicable process (Expedited State Review or State Coordinated Review) as outlined on the Department’s web site.

7. What if the plan amendment(s) have been transmitted, but the local government has not received an ORC Report from the Department?
Response: The Department will attempt to meet the new review guidelines and issue either an ORC report for amendments that qualify for the State Coordinated Review Process or a comment letter for amendments that qualify for the Expedited State Review Process.

8. What if the ORC Report has been received by the local government, but the amendments have not been adopted?
Response: Local governments are required to adopt amendments within 180 days of receiving the ORC report from the Department.

9. If an ORC report was received, does the local government need to prepare an ORC response?
Response: Yes, ORC responses are still applicable for those amendments which qualify for the State Coordinated Review Process as identified in s. 163.3184(4), F.S. If amendment qualifies for the Expedited State Review Process as identified in s. 163.3184(3), F.S., an ORC response is not required; however, the Department recommends the local government indicate how it has responded to the comments.

10. How many times per year may a comprehensive plan be amended?
Response: You may amend your comprehensive plan as many times as necessary during the year, there is no limit to submissions, however, a local government must now adopt proposed amendments within 180 days of receiving comments from reviewing agencies.

11. Which comprehensive plan process will amendments currently under review by the Department use after the new legislation is in effect?
Response: The Department will review the amendment under the process in which the amendment qualifies pursuant to s. 163.3184, F.S.

12. How will amendments be reviewed that were transmitted prior to the new legislation being enacted?
Response: The Department will use the new review guidelines and issue either an ORC report for amendments that qualify for the State Coordinated Review Process or a comment letter for amendments that qualify for the Expedited State Review Process.

13. How does a local government handle a split package – that is, an amendment package that contains amendments subject to review both under the Expedited Review Process and the State Coordinated Review Process?
Response: Local governments will not be able to submit packages that contain both Expedited State Review and State Coordinated Review amendments. The packages must be separated to contain only one type of amendment review process.

14. What happens if the local government does not adopt within the 180 day timeframe?
Response: If a local government fails, within 180 days after receipt of agency comments, to hold a second public hearing and adopt the amendments, the amendments shall be deemed withdrawn unless extended by agreement and notice to the State Land Planning Agency and any affected party that provided comments on the amendment.

15. Do DULA exemptions still continue under the new legislation?
Response: The DULA definition was removed from Chapter 163, F.S., as related to comprehensive plan amendments and is now only applicable for projects under Chapter 380, F.S.

Evaluation and Appraisal Reports

1. How does HB 7207 affect EAR preparation and submittal requirements and DCA’s review of EARs?
Response: There are no longer any requirements for preparing and submitting an evaluation and appraisal report to the state land planning agency for sufficiency review.

2. What is the due date for submitting the notification letter to the State Land Planning Agency informing them of the local government determination on whether to update the comprehensive plan to incorporate new state requirements?
Response: The new evaluation schedule is posted on the Department web site at www.dca.state.fl.us/fdcp/dcp/EACP/files/EACPSchedule.pdf.

3. How should a local government notify the Department on its finding regarding updating its comprehensive plan (letter to whom and where) and does the amendment need to be transmitted within one year of this notification?
Response: The evaluation and appraisal notification letter should be sent to Ray Eubanks in the Plan Processing Section. If the local government determines that amendments must be submitted based on their evaluation, the amendments must be adopted within one year of notification. The evaluation based amendments should be submitted under the State Coordinated Review process.

4. Where can a local government find the requirements to review for determining whether to incorporate new state requirements into their comprehensive plan?
Response: The Department has created a table outlining the statutory changes by year to help local governments with their evaluation process. The table will be posted on the agency’s web site.

5. What happens if the local government does not adopt its update to the comprehensive plan? Can the local government still amend its comprehensive plan?
Response: A local government may not amend its plan if the local government fails to timely adopt its comprehensive plan within 1 year of notification until the evaluation based amendments are adopted.