Florida’s System of Growth Management. 2 Floridians earn a great deal of their incomes from development – about 20% or some $35 billion per year.Floridians

Florida’s System of Growth Florida’s System of Growth ManagementManagement

2

• Floridians earn a great deal of their Floridians earn a great deal of their incomes from development – about incomes from development – about 20% or some $35 billion per year.20% or some $35 billion per year.

• There is a high degree of concern There is a high degree of concern in Florida about not killing the in Florida about not killing the “goose laying the golden eggs.”“goose laying the golden eggs.”

3

0

5,000

10,000

15,000

20,000

25,000

50 00 50 00 20

Florida’s PopulationFlorida’s Population1830 – 2020 (Thousands)1830 – 2020 (Thousands)

4

• There have been two basic goals of There have been two basic goals of growth management in Floridagrowth management in Florida

1.1. To keep the good times rollingTo keep the good times rolling

2.2. To conserve environmental qualities.To conserve environmental qualities.

• These two goals are frequently These two goals are frequently incompatible, and that’s one reason incompatible, and that’s one reason we fight so much about growth we fight so much about growth management in this state.management in this state.

5

• There were several things that could be There were several things that could be agreed upon;agreed upon;

– That if we messed it up, we would all lose;That if we messed it up, we would all lose;– That “other” local governments could not That “other” local governments could not

be trusted to do the right thing [as distinct be trusted to do the right thing [as distinct from one’s own local government]from one’s own local government]

– That the role of the state should be minimal That the role of the state should be minimal simply because the state was though to be simply because the state was though to be too big and too diverse [as contrasted with too big and too diverse [as contrasted with Hawaii, Oregon or Vermont]Hawaii, Oregon or Vermont]

6

ConceptConcept• Planning and the regulation of development Planning and the regulation of development

should remain primarily a local government should remain primarily a local government function.function.

• Exceptions;Exceptions;– ““Sensitive” areas of the stateSensitive” areas of the state– Really big developmentsReally big developments– Water resourcesWater resources– Air qualityAir quality– The coastThe coast

• But, local governments would have to “step up.”But, local governments would have to “step up.”

7

Florida enactmentsFlorida enactments• The Florida Air and Water Pollution Control The Florida Air and Water Pollution Control

Act of 1967Act of 1967– Now largely federal Now largely federal

• The County and Municipal Planning for The County and Municipal Planning for Future Development Act in 1969Future Development Act in 1969 (the SSZEA)(the SSZEA)– Replaced by the 1975 planning legislation and Replaced by the 1975 planning legislation and

then repealed in 1985then repealed in 1985

• The Beach and Shore Preservation Act of The Beach and Shore Preservation Act of 19711971– Dealt with coastal issuesDealt with coastal issues

8

• The The Environmental Land and Water Environmental Land and Water Management Act of 1972Management Act of 1972 – Dealt with sensitive areasDealt with sensitive areas– Dealt with really big developmentsDealt with really big developments

• The The Water Resources Act of 1972Water Resources Act of 1972,,– Dealt with state water supply and usage Dealt with state water supply and usage

• The Land Conservation Act of 1972The Land Conservation Act of 1972..– Began the state’s multi-billion land Began the state’s multi-billion land

acquisition program.acquisition program.

9

• The Local Government Comprehensive The Local Government Comprehensive Planning Act of 1975Planning Act of 1975..– Dealt with local governments not “stepping up” by Dealt with local governments not “stepping up” by

requiring them to plan and then implement their requiring them to plan and then implement their plansplans

• The New Communities Act of 1975The New Communities Act of 1975..– Dealt with infrastructure funding, but replaced by Dealt with infrastructure funding, but replaced by

Chapter 190, Community Development Dist. Act.Chapter 190, Community Development Dist. Act.

• Omnibus Growth Management Act of 1985.Omnibus Growth Management Act of 1985. – Revised and strengthened the 1975 planning act, Revised and strengthened the 1975 planning act,

giving state oversight of plans and planning.giving state oversight of plans and planning.

• The State Comprehensive Plan of 1985The State Comprehensive Plan of 1985..– Established state planning priorities and required Established state planning priorities and required

local plan consistency therewith.local plan consistency therewith.

10

Local Government Comprehensive Local Government Comprehensive Planning Act of 1975 (LGCPA)Planning Act of 1975 (LGCPA)

• Enacted as Chapter 163.3161 - .3211 Enacted as Chapter 163.3161 - .3211 • Required all local governments to develop, Required all local governments to develop,

adopt and implement comprehensive plans adopt and implement comprehensive plans [163.3167(2) and 163.3201][163.3167(2) and 163.3201]

• Once adopted, the plan has the force of law Once adopted, the plan has the force of law and all development permitting must be in and all development permitting must be in accordance with the comprehensive planaccordance with the comprehensive plan. .

[163.3194] [163.3194] Remember Pinecrest?Remember Pinecrest?

11

The LPAThe LPA

• The governing body of each local government The governing body of each local government shall designate a "local planning agency." shall designate a "local planning agency."

• The local planning agency shall prepare the The local planning agency shall prepare the comprehensive plan or plan amendment after comprehensive plan or plan amendment after hearings to be held after public notice and hearings to be held after public notice and shall make recommendations to the shall make recommendations to the governing body regarding the adoption or governing body regarding the adoption or amendment of the plan.amendment of the plan.

12

163.3177 163.3177

Required elements of a comprehensive planRequired elements of a comprehensive plan

• Coordination of the several elements of Coordination of the several elements of the local comprehensive plan shall be a the local comprehensive plan shall be a major objective of the planning process.major objective of the planning process.

• The several elements of the The several elements of the comprehensive plan shall be consistent, comprehensive plan shall be consistent, and the comprehensive plan shall be and the comprehensive plan shall be economically feasible.economically feasible.

13

Required elements continuedRequired elements continued

• A Capital Improvement Element (CIE)A Capital Improvement Element (CIE)– Project needed capital improvements for at Project needed capital improvements for at

least 5 yearsleast 5 years– The cost of those improvements and the The cost of those improvements and the

sources of fundingsources of funding– Level of Service (LOS) standards for Level of Service (LOS) standards for

capital facilities [this being the basis for capital facilities [this being the basis for APF or concurrency].APF or concurrency].

14


• A Future Land Use ElementA Future Land Use Element• A Traffic Circulation ElementA Traffic Circulation Element• A general sanitary sewer, solid waste, A general sanitary sewer, solid waste,

drainage, potable water, and natural drainage, potable water, and natural groundwater aquifer recharge elementgroundwater aquifer recharge element

• An element for the conservation, use, and An element for the conservation, use, and protection of natural resources in the area, protection of natural resources in the area, including air, water, water recharge areas, including air, water, water recharge areas, wetlands, waterwells, estuarine marshes, wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other wildlife, marine habitat, minerals, and other natural and environmental resources.natural and environmental resources.

15


• A recreation and open space elementA recreation and open space element

• A housing elementA housing element – Adequacy of housing supplyAdequacy of housing supply

• Total quantityTotal quantity• AffordabilityAffordability

• A coastal management element A coastal management element

• An intergovernmental coordination An intergovernmental coordination elementelement

• Some also must do mass transit Some also must do mass transit elementselements

16

The comprehensive plans forThe comprehensive plans for

Palm Beach CountyPalm Beach County

andand

Tucson, ArizonaTucson, Arizona

are on the websiteare on the website

17

The LGCPA ProcessThe LGCPA Process

• LPAs would develop plansLPAs would develop plans

• Plans would be circulated to Plans would be circulated to – Neighboring jurisdictionsNeighboring jurisdictions– The countyThe county– The state DCAThe state DCA– The WMDThe WMD– The DOTThe DOT

• Agencies would “comment.”Agencies would “comment.”

18

The LGCPA Process continuedThe LGCPA Process continued

• The governing body would receive the The governing body would receive the “comments” and is required to “respond “comments” and is required to “respond on the record.”on the record.”

• The governing body then enacts the The governing body then enacts the plan with or without incorporating the plan with or without incorporating the “comments.”“comments.”

• Law requires implementation butLaw requires implementation but

• No one is empowered to enforce No one is empowered to enforce implementation.implementation.

19

The LGCPA Process continuedThe LGCPA Process continued

• A 1982 study committee found that many A 1982 study committee found that many local jurisdictions had exploited “loop holes” of local jurisdictions had exploited “loop holes” of the act:the act:

– Frequent amendment of the plan, often plan Frequent amendment of the plan, often plan amendments proceeded with requests for amendments proceeded with requests for development approval (rezonings, etc.);development approval (rezonings, etc.);

– Adopting loosely worded “policy plans” that Adopting loosely worded “policy plans” that provided little, if any, direction for developmental provided little, if any, direction for developmental decision making;decision making;

– Lack of consideration of state and regional Lack of consideration of state and regional planning concerns;planning concerns;

– A failure to conform development decisions to the A failure to conform development decisions to the plan based upon the fact that citizens lacked plan based upon the fact that citizens lacked standing to challenge development orders for lack standing to challenge development orders for lack of consistency with the comprehensive plan. of consistency with the comprehensive plan.

20

Omnibus Growth Management Act of 1985Omnibus Growth Management Act of 1985

• Adopted as Chapter 85-55, Laws of Adopted as Chapter 85-55, Laws of Florida.Florida.

• The GMA was adopted along with The The GMA was adopted along with The State Comprehensive Plan, Chapter State Comprehensive Plan, Chapter 85-56, Laws of Florida and codified as 85-56, Laws of Florida and codified as Chapter 187, Chapter 187, Florida StatutesFlorida Statutes..

21

• The acknowledged shortcomings of the LGCPA were The acknowledged shortcomings of the LGCPA were the beginnings of the 1985 legislation.the beginnings of the 1985 legislation.

• Together, these two statutes were directed at a Together, these two statutes were directed at a coordinated system of state, regional and local coordinated system of state, regional and local planning. planning.

• The Oregon example of adopting statewide goals The Oregon example of adopting statewide goals was followed and Florida’s “State Comprehensive was followed and Florida’s “State Comprehensive Plan” achieved the same purpose as Oregon’s 19 Plan” achieved the same purpose as Oregon’s 19 goals, although with many more than 19 and in much goals, although with many more than 19 and in much greater length. greater length.

• An additional import from Oregon was what became An additional import from Oregon was what became known in Florida as “consistency.”known in Florida as “consistency.”

– All regional plans had to be consistent with the state All regional plans had to be consistent with the state comprehensive plan and all local plans had to be consistent comprehensive plan and all local plans had to be consistent with both regional and the state plan. [163.3177(9)(c)]with both regional and the state plan. [163.3177(9)(c)]

22

What did the ’85 Act do?What did the ’85 Act do?

1.1. Repeal the old 163 II, the SSZEARepeal the old 163 II, the SSZEA

2.2. Renumber the LGCPA to be 163 IIRenumber the LGCPA to be 163 II

3.3. Rename the LGCPA to the “Local Rename the LGCPA to the “Local Government Comprehensive Planning Government Comprehensive Planning and Land Development Regulation Act”and Land Development Regulation Act”

4.4. Amend it and many other statutes Amend it and many other statutes dealing with development.dealing with development.

23

5.5. Require consistency with the State Require consistency with the State Comprehensive PlanComprehensive Plan

6.6. Authorize the DCA to determine Authorize the DCA to determine consistencyconsistency

7.7. Authorize DCA to develop a rule Authorize DCA to develop a rule establishing minimum criteria for establishing minimum criteria for consistency – Rule 9J-5, F.A.C.consistency – Rule 9J-5, F.A.C.

8.8. Require that plans include mapsRequire that plans include maps

9.9. Require the development of Land Require the development of Land Development Regulations (LDR)Development Regulations (LDR)

24

10.10. Concurrency 163.3180 –Concurrency 163.3180 –• 1(a) The following are subject to mandatory 1(a) The following are subject to mandatory

concurrency –concurrency –– Sanitary sewer, Sanitary sewer, – solid waste, solid waste, – drainage, drainage, – potable water, potable water, – parks and recreation, and parks and recreation, and – transportation facilities, including mass transittransportation facilities, including mass transit

• Meaning that the local government Meaning that the local government MUSTMUST establish regulatory mechanism to assure establish regulatory mechanism to assure adequacy of facilities at the established adequacy of facilities at the established Level of ServiceLevel of Service

• No development may be permitted if No development may be permitted if facilities are not available facilities are not available concurrent with concurrent with the impacts of the developmentthe impacts of the development..

25

11.11. Enhanced citizen standing since DCA Enhanced citizen standing since DCA has no role in monitoring plan has no role in monitoring plan implementation. implementation.

12.12. Dealing with urban sprawlDealing with urban sprawl• ““It is the intent of the Legislature that local It is the intent of the Legislature that local

government comprehensive plans and government comprehensive plans and implementing land development implementing land development regulations shall provide strategies which regulations shall provide strategies which maximize the use of existing facilities and maximize the use of existing facilities and services through redevelopment, urban services through redevelopment, urban infill development, and other strategies infill development, and other strategies for urban revitalization.” 163.3187,11(c).for urban revitalization.” 163.3187,11(c).

26

The GMA ProcessThe GMA Process

• LPA conducts hearings and forwards plan LPA conducts hearings and forwards plan (or amendment) to governing body(or amendment) to governing body

• Board holds hearing and votes to Board holds hearing and votes to “transmit” plan to DCA for review“transmit” plan to DCA for review

• DCA circulates plan to relevant agencies DCA circulates plan to relevant agencies and compiles “comments.”and compiles “comments.”

• DCA prepares and sends ORC ReportDCA prepares and sends ORC Report– OObjections, bjections, RRecommendations and ecommendations and CCommentsomments

• Local government responds to ORCsLocal government responds to ORCs

27

The GMA Process continuedThe GMA Process continued

• After receipt of response, DCA issues After receipt of response, DCA issues NNotice otice OOf f IIntent (NOI) to find the planntent (NOI) to find the plan– NNot ot IIn n CCompliance (NIC), orompliance (NIC), or– IIn n CComplianceompliance

• The compliance being referred to is the State The compliance being referred to is the State Comprehensive Plan as expressed in 9J-5.Comprehensive Plan as expressed in 9J-5.

• Affected parties can seek to challenge Affected parties can seek to challenge DCAs NOI at an administrative hearingDCAs NOI at an administrative hearing

28


• Upon completion of all administrative Upon completion of all administrative processes, DCA will either find the plan in processes, DCA will either find the plan in compliance and that ends the process, orcompliance and that ends the process, or

• Prepare a recommended order for the Prepare a recommended order for the Administration Commission [Governor and Administration Commission [Governor and Cabinet] asking for a finding of Not In Cabinet] asking for a finding of Not In Compliance and seeking sanctions –Compliance and seeking sanctions –– Most significant sanction is loss of all state shared Most significant sanction is loss of all state shared

funds, retroactive to the date at which compliance funds, retroactive to the date at which compliance should have been achieved.should have been achieved.

– Sanctions were imposed once, and once was Sanctions were imposed once, and once was enough.enough.

29


• Local governments very much resent Local governments very much resent DCA’s involvement in what they see as DCA’s involvement in what they see as none of the state’s business.none of the state’s business.

• DCA and local governments were DCA and local governments were engaged in numerous battles, which engaged in numerous battles, which DCA won. The law was on DCA’s side.DCA won. The law was on DCA’s side.

• Many local governments joined forces Many local governments joined forces with other opponents to limit the with other opponents to limit the state/DCA role or even repeal the Act state/DCA role or even repeal the Act itself.itself.

30


• Today a much tamer – more user Today a much tamer – more user friendly – DCA attempts to balance the friendly – DCA attempts to balance the competing interests.competing interests.

• Someone has to be the bad cop!Someone has to be the bad cop!

• Also, there have been so many Also, there have been so many exceptions to concurrency that it is exceptions to concurrency that it is evolving into a policy of anti-urban evolving into a policy of anti-urban sprawl rather than the “teeth of the sprawl rather than the “teeth of the Growth Management Act.”Growth Management Act.”

31

Has Growth Management Has Growth Management stopped growth?stopped growth?

• Florida’s population in Florida’s population in

– 19721972 4.8 million4.8 million– 19851985 9.7 million9.7 million– 20002000 13.5 million13.5 million

32

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

50 60 70 80 90 00

Florida’s PopulationFlorida’s Population1950 – 2000 (Thousands)1950 – 2000 (Thousands)

33

Has Growth Management been a Has Growth Management been a success in Florida?success in Florida?

• The The Wall Street JournalWall Street Journal said no! said no! – New development continues in Florida. New development continues in Florida. – But that presupposes that the objective of But that presupposes that the objective of

the program was to stop development.the program was to stop development.

• Is development under the GMA better Is development under the GMA better than prior development?than prior development?– If yes, then it’s been a successIf yes, then it’s been a success– If no, then it’s been a failure.If no, then it’s been a failure.

Documents

Florida’s System of Growth Management. 2 Floridians earn a great deal of their incomes from development – about 20% or some $35 billion per year.Floridians