My personal “top ten” list of things that have NOT changed in local government comprehensive planning with the enactment of the 2011 Community Planning Act:
1) Local governments still must plan, and are still encouraged to apply innovative planning tools. The Act does not remove the state mandate for local governments to adopt and maintain a comprehensive plan.
2) There are still mandatory elements of the comprehensive plan, including land use, transportation, conservation, infrastructure, housing, capital improvements, recreation, coastal management (if applicable), and intergovernmental coordination. However, the requirement to have a public school facilities element has been removed.
3) Local development decisions must still be consistent with the plan, the comprehensive plan must still be internally consistent, and the comprehensive plan remains legally enforceable.
4) Local governments still must maintain land development codes that are consistent with and implement the comprehensive plan.
5) Local planning agencies still exist, and their role in the process is unaltered.
6) Citizens and affected persons still have broad standing to challenge the compliance of comprehensive plan amendments with state law. The standing criterion is not changed by the Act. However, DCA is no longer allowed to intervene in such a challenge.
7) Local governments retain home rule powers to plan, and make other land use decisions in any manner that is not inconsistent with the Act or other applicable state laws.
8) The Act still affirms the protection of private property rights, and expresses the intent that the Act be interpreted with sensitivity to those rights.
9) Concurrency is still regulated by state law. The mandates for concurrency for potable water, solid waste, sanitary sewer and drainage are unaffected. The mandates for concurrency for schools, recreation and transportation have been lifted but, if local governments leave those requirements in place, there continue to be state restrictions on how these requirements are implemented. The Florida Department of Transportation no longer sets the level of service on the Strategic Intermodal System facilities, but local governments are required to consult with FDOT in setting those levels of service. Local governments still must allow for proportionate share mitigation and must credit mitigation received against related impact fees, but the details have changed.
10) Public participation is still required in the comprehensive planning process.
Author(s): Susan L. Trevarthen
