Page 95 - Akerman | 2016 Guide to Doing Business in Florida

Comprehensive plans and LDRs in these areas must address the issues that led to the ACSC
designation. The State maintains more oversight of planning and development in the ACSCs,
and has authority to review local development orders and appeal those that are inconsistent
with state guidelines. These appeals are made to the to the Governor and Cabinet sitting as the
Administration Commission. Within ACSCs, the state land planning agency also reviews and
approves not only amendments to comprehensive plans but also land development regulations
proposed by local governments. Comprehensive plan amendments within ACSCs are not
eligible for the expedited state review process.

9.8.10 Agencies with Review Authority for Comprehensive Plans and
DRIs
Numerous state and regional agencies are involved in review of local plans and DRIs. The
Community Planning Act limits the role of reviewing agencies with respect to comprehensive
plan amendments. In most cases, the oversight role for state agencies is limited to comments
regarding adverse impacts on “important state resources and facilities” that pertain to each
agency’s specific area of responsibility.

Review of comprehensive plan amendments is coordinated by the Division of Community
Planning and Development in the Department of Economic Opportunity (DEO) (the “state land
planning agency”). State review agencies include the DEO, the Florida Department of
Environmental Protection (DEP), the Florida Department of Transportation (DOT), the Florida
Department of Education (DOE), the Florida Department of State and, for county plans and
amendments, the Florida Fish and Wildlife Conservation Commission (FWC) and the Florida
Department of Agriculture and Consumer Services (FDACS). Regional review agencies include
the appropriate regional planning council (RPC) and water management district (WMD).
Adjacent local governments and military bases may also have the right of review. The state land
planning agency makes the determination on whether to challenge comprehensive plan
amendments in the expedited state review process and, in the state coordinated review
process, issues the notice of intent regarding whether to find the amendment in compliance
with state requirements. It is also the only agency with appeal authority for DRIs.

9.9 Eminent Domain
The power of Eminent Domain is governed by both federal and state law.

9.9.1 In General

The fundamental power of the sovereign to take private property for the public use is limited by
both the United States and Florida Constitutions and applicable state statutes. The Fifth
Amendment to the United States Constitution prohibits the federal government from taking
private property for public use without paying just compensation, and the Fourteenth
Amendment extends this protection to private property takings by the state and its subordinate
entities.

9.9.2 Florida Constitution
Article X, § 6, of the Florida Constitution provides that “no private property shall be taken except
for a public purpose and with full compensation therefor paid to each owner or secured by a
deposit in the registry of the court and available to the owner.” The Florida Constitution also
recognizes that the law may provide for the taking of easements by due process for the

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