RAPID/Roadmap/1-FL-a
Florida Land Use Planning (1-FL-a)
Land Use Planning Process
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1-FL-a.1 – Is There a Comprehensive Land Use Plan in Place?
The developer should check the local government website or contact the municipal or county clerk, or planning board to gain access to the comprehensive plan that is specific to the location of the proposed project. Florida gives authority to the local governments to “adopt, maintain and implement land use plans and development regulations for all future development actions.” Fla. Stat. § 163.3167. A comprehensive land use plan is required to “guide and control future development; address existing problems as well as problems that may arise in the future as a result of the development and use of land; preserve, promote, protect and improve public health, safety, comfort and good order; and protect human, environmental, social and economic resources.” Fla. Stat. § 163.3161(4).
1-FL-a.2 – Review Municipal and County Land Use Plans
The developer should review municipal and county land use plans as well as any accompanying maps, studies or other relevant information in order to determine the goals and planning strategies that apply to the proposed project site. All 67 counties as well as each city and town within the State of Florida has a comprehensive land use plan as each municipality and county has been delegated the legislative authority and given its duties and responsibility to provide for a comprehensive land use plan. Fla. Stat. § 163.3167(3)
1-FL-a.3 – Does the Project Require a Proposal to Amend a Comprehensive Plan?
A developer may propose to amend a municipal or county comprehensive land use plan. Adoption and amendments to county and municipal comprehensive plans vary depending on jurisdiction. However, the procedure process for amendments of municipal plans must follow the general requirements in Fla. Stat. § 163.3184, as outlined below.
Any plan amendment is required to follow the expedited state review process outlined in Fla. Stat. § 163.3184(3), unless the plan amendment 1) qualifies as a small-scale development and therefore follows the small-scale review process in Fla. Stat. § 163.3187 or 2) must follow the state coordinated review process. Fla. Stat. § 163.3184(2).
1-FL-a.4 – Is the Amendment Eligible for a Small-Scale Review Process?
If the proposed plan amendment is eligible for the Small-Scale Review Process, the amendment involves 10 acres or less, a maximum of 120 acres annually and the amendment itself is limited to the map and no textual changes are allowed. If the proposed plan amendment is eligible for a Small-Scale Review Process, the developer should submit the amendment to the local planning agency under the Small-Scale Review Process and go to element 6. Fla. Stat. § 163.3187.
1-FL-a.5 – Does the Amendment Qualify for a State Coordinated Review Process?
A proposed plan amendment is required to follow the State Coordinated Review Process if the amendment falls under one of the following categories:
- An area of critical state concern, designated as such by confirming to the definition in Fla. Stat. §380.05(1)(a);
- Proposes a rural land stewardship area pursuant to Fla. Stat. §163.3248(1);
- proposes a sector plan pursuant to Fla. Stat. § 163.3245(1); or an amendment to an adopted sector plan;
- Updates a comprehensive plan based on an evaluation and appraisal pursuant to Fla. Stat. § 163.3191(1);
- Proposes a development that is subject to the state coordinated review process pursuant to Fla. Stat. § 380.06(1); or
- Is a new plan for newly incorporated municipalities adopted pursuant to Fla. Stat. § 163.3167(1).
If the proposed plan amendment qualifies for a State Coordinated Review Process, the developer should go to element 12.
1-FL-a.6 – Submit Amendment Under the Small-Scale Review Process
If the proposed plan amendment is eligible for a Small-Scale Review Process, the developer should submit the amendment to the local planning agency under the Small-Scale Review Process. Fla. Stat. § 163.3187.
1-FL-a.7 – Hold Public Hearing(s)
For an amendment going through the Small-Scale Review Process, the local planning agency holds at least one public hearing subject to Fla. Stat. § 163.3184(11). The local planning agency may then hold a second public hearing to consider adoption of the proposed amendment. Fla. Stat. § 163.3187
1-FL-a.8 to 1-FL-a.10 – Review Amendment for Approval
The local planning agency reviews the Amendment for approval. If approved, the amendment goes into effect upon adoption. Lastly, the local government is encouraged but not required to transmit a copy of the small-scale amendment to the state land planning agency which is the Florida Department of Economic Opportunity. Fla. Stat. § 163.3187
1-FL-a.11 – Appeal Decision (Optional)
An interested party, including the developer, can appeal the decision. Fla. Stat. § 120.569. For more information on the appeals process go to element 33.
1-FL-a.12 – Submit Amendment Under the State Coordinated Review Process
If the proposed plan amendment is eligible for a State Coordinated Review Process, the developer should submit the amendment to the local planning agency under the State Coordinated Review Process. Fla. Stat. § 163.3184(4). The developer must prepare and transmit the proposed amendment package to the local planning agency. Fla. Stat. § 163.3187(11).
1-FL-a.13 to 1-FL-a.14 – Hold Public Hearing(s)
The local planning agency holds at least one public hearing for an amendment submitted under the State Coordinated Review Process subject to Fla. Stat. § 163.3187(11). After the public hearing the local planning agency transmits the complete proposed amendment package to the state land planning agency. Fla. Stat. § 163.3184(4).
1-FL-a.15 to 1-FL-a.16 – Review Amendment for Approval
The state land planning agency has 30 days to review the proposed amendment package. The state land planning agency then issues an Objection, Recommendation, and Comments Report (“ORC Report”), to the local planning agency within 60 days of receiving the amendment package. Fla. Stat. § 163.3184(4).
1-FL-a.17 to 1-FL-a.18 – Hold Second Public Hearing
Upon receipt of the ORC Report, the local planning agency has 180 days to hold a second public hearing to approve the amendment. If the local planning agency fails to hold a second public hearing within 180 days, the proposed amendments are deemed withdrawn unless the state land planning agency had issued an extension by agreement with the developer. If the proposed plan amendment is adopted, it must go into effect pursuant to the state land planning agency’s notice of intent within 45 days. Fla. Stat. § 163.3184(4).
1-FL-a.19 to 1-Fla.20 – Appeal Decision (Optional)
Within 30 days after the local planning agency adopts the amendment, the developer or an interested party may file an appeal with the Department of Administrative Hearings challenging the amendment. Fla. Stat. § 120.68. However, if there is a challenge to the proposed plan amendment, “it does not become effective until the state land planning agency or the Administration Commissioner enters a final order determining the adopted amendment to be in compliance.” Fla. Stat. § 163.3184(3)(c)(4). If the developer wants to proceed with such action, go to element 33.
1-FL-a.21 – Submit Amendment Under the Expedited Review Process
If the proposed plan amendment is eligible for an Expedited Review Process, the developer should submit the amendment to the local planning agency under the Expedited Review Process. Fla. Stat. § 163.3184(3).
1-FL-a.22 to 1-FL-a.24 – Hold Public Hearing
The local planning agency must hold a public hearing pursuant to Fla. Stat. § 163.3184(11) and transmit within 10 days the amendment or amendments and supporting data and analyses to reviewing agencies. The local planning agency must also transmit a copy of the amendments and supporting data and analyses to any other local government or governmental agency that has filed a written request. Fla. Stat. § 163.3184(3)(b)(1).
The reviewing agencies and any other local government may provide comments regarding the amendment or amendments to the local planning agency within 30 days after local planning agency received the amendments pursuant to Fla. Stat. § 163.3184(3)(b)(2)-(3).
1-FL-a.25 to 1-FL-a.27 – Hold Adoption Public Hearing
The local planning agency must hold an adoption public hearing within 180 days of the comment period and, if adopted, the amendment is given the effective date 31 days after the amendment has been ruled as complete. Fla. Stat. § 163.3184(3)(c)(1)-(4). The local planning agency must hold the public adoption hearing pursuant to Fla. Stat. § 163.3184(11).
1-FL-a.28 – Appeal Decision (Optional)
Whether the proposed amendment is approved or denied at the adoption public hearing, it is then followed by an appeals period where either the developer or an interested party may challenge from the date of adoption for 30 days. Fla. Stat. § 163.3184(5)(a). If the developer wants to proceed with such action, go to element 33.
1-FL-a.29 – Review Municipal and County Zoning Regulations
A developer should review the applicable municipal and county zoning regulations to ensure the proposed project will comply with the zoning regulations.
Each municipality and county has the authority to enact land development (i.e., zoning) regulations. Fla. Stat. § 163.3202(1). These are “ordinances for the regulation of any aspect of development, including a subdivision, building construction, landscaping, tree protection, or sign regulation or any other regulation concerning the development of land…including a general zoning code. Further, counties are to “establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public.” Fla. Stat. § 125.01(1)(h).
1-FL-a.30 to 1-FL-a.32 – Does the Project Require a Variance to a Zoning Ordinance?
If a proposed project does not comply with zoning regulations, the developer can make a request to the municipality or county to consider an application for zoning changes that would be “required to properly enact any proposed comprehensive land use plan amendment transmitted.” Further, any zoning changes that the local government approves is contingent upon the comprehensive plan or plan amendment transmitted becoming effective.
1-FL-a.33 – Appeal Decision (Optional)
The developer or any affected person may file a petition with the Division of Administrative Hearings pursuant to Fla. Stat. § 120.569 and Fla. Stat. § 120.57, with a copy served on the affected local government, to request a formal hearing to challenge whether the plan amendments are in compliance. The petition can only be filed within 30 days after the local government adopts the amendment. These challenges shall be determined in compliance if the local government’s determination of compliance is “fairly debatable.” Fla. Stat. § 163.3184(5)(c)(1).
Further, though a state land planning agency may not intervene in a proceeding initiated by an affected person, they may still file a petition with the Division of Administrative Hearings pursuant to Fla. Stat. § 120.569 and Fla. Stat. § 120.57 , with a copy served on the affected local government, requesting a formal hearing to challenge whether the plan amendment is in compliance. Fla. Stat. § 163.3184(5)(b). In these challenges, the local government’s determination that the plan amendment is in compliance is presumed to be correct, and the local government’s determination “shall be sustained unless it is shown by a preponderance of the evidence that the comprehensive plan amendment is not in compliance.” Fla. Stat. § 163.3184(5)(c)(2)(a) and (b).
Finally, if the administrative law judge recommends that the amendment is not in compliance, the judge will submit the recommended order to the Administration Commission for final agency action, whom will then make “every effort to enter a final order expeditiously, but at a minimum within the time period provided by Fla. Stat. § 120.569. Fla. Stat. § 163.3184(5)(d).
Whereas, if the administrative law judge recommends that the amendment be found in compliance, the judge shall submit the recommended order to the state land planning agency. Fla. Stat. § 163.3184(5)(e).
Contact Information
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Regulations
- Florida – Fla. Stat. §§ 120.50 – 120.81, Administrative Procedure Act
- Florida – Fla. Stat. §§ 125.001 – 125.59, County Commissioners: Process and Duties
- Florida – Fla. Stat. §§ 166.011 – 166.411, Municipalities
- Florida – Fla. Stat. §§ 380.012 – 380.515, Land and Water Management
- Florida – Fla. Stat. §§ 163.01 – 163.65, Intergovernmental Programs
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Florida Department of Economic Opportunity
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