Page 91 - Akerman | 2016 Guide to Doing Business in Florida

In practice, this local regulatory role involves not only traditional tools such as comprehensive
planning, zoning and subdivision regulations, but also a growing number of additional
restrictions, such as design standards, that are specific to each jurisdiction. This section
provides an overview of Florida’s growth management system.

Florida law contains substantial guidance and relatively detailed requirements for local
comprehensive plans. Nevertheless, local comprehensive plans and implementing land
development regulations are far from standardized, so development interests must thoroughly
understand the specific requirements of each jurisdiction. Moreover, recent state legislation,
particularly The Community Planning Act of 2011 (Chapter 2011-139, Laws of Florida),
significantly reduced state oversight and changed many substantive and procedural
requirements of statute. Florida’s growth management law has continued to evolve in
subsequent legislative sessions and local governments are still adjusting to the new processes
and requirements. Users of this Guide are therefore cautioned to seek the advice of counsel on
any transaction-specific questions of law.

9.8.2 Local Government Authority
Local governments in Florida enjoy home rule authority granted by the Florida Constitution,
Article VIII, and further outlined through statute. They are therefore authorized to adopt plans
and ordinances to control the use of land, consistent with state requirements that pertain to
those subjects. Moreover, Florida statute mandates adoption of comprehensive plans and land
development regulations by both cities and counties. In a few jurisdictions, there are charter
provisions that give the county authority over certain planning and plan implementation
decisions within their municipalities, but in general, each jurisdiction has separate planning and
land use authority.

The majority of substantive and procedural requirements for local comprehensive planning in
Florida are contained in Chapter 163, Part II, Florida Statutes (the Community Planning Act).
While the “minimum criteria rule” for comprehensive plans (Rule 9J-5, Florida Administrative
Code) was repealed in 2011, there continue to be administrative rules that set requirements for
specific programs and areas.

9.8.3 Comprehensive Plan Requirements

Under Florida law, each local government must adopt a comprehensive plan containing
sections (“elements”) to address specific topics. Required elements include: future land use,
transportation, infrastructure (sanitary sewer, solid waste, drainage, potable water and natural
groundwater aquifer recharge), conservation, recreation and open space, housing, coastal
management, intergovernmental coordination and capital improvements. Some plans also
contain optional elements, such as public school facilities, urban design, economic
development and public safety. The plan must be internally consistent and based on consistent
data and analysis. Plans must be reviewed for possible updating every seven years.

9.8.4 Comprehensive Plan Authority
Unlike in many other states, in Florida the local comprehensive plan is the controlling document
for regulating development. The local plan (or portion thereof) takes precedence over even
zoning and other land development regulations. Land development regulations and
development orders (which are broadly defined in statute) must be consistent with the plan.

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