By: Emily G. Pierce
On May 14, 2015, the Governor signed into law legislation which includes significant changes to Florida’s growth management laws. The legislation includes provisions which:
- Eliminate the Developments of Regional Impact (DRI) review process
- Modify the sector planning process and clarify that amendments to sector plans must go through the state coordinated review process
- Greatly limit the duties of the Regional Planning Councils (RPCs)
- Expand the definition of “blighted area” to include damage by sinkhole activity
DRIs Have Been Eliminated
The most significant change in the growth management legislation is the elimination of DRIs. Section 380.06, Florida Statutes, was amended to include subsection (30) which reads: “NEW PROPOSED DEVELOPMENTS. – A new proposed development otherwise subject to the review requirements of this section shall be approved by a local government pursuant to s. 163.3184(4) in lieu of proceeding in accordance with this section.” Section 163.3184(4) is the state coordinated review process which, pursuant to the language of the section, is only applicable to the review of comprehensive plans and plan amendments. 163.3184(4) sets out a detailed process whereby a local government transmits a proposed plan or plan amendment to the Department of Economic Opportunity (DEO), as the state land planning agency, and the RPC for review and comment. DEO and the RPC provide written comments and the local government holds a series of hearings. The legislature did not explain how a new development which “would otherwise” be subject to DRI review will be processed under the current Section 163.3184(4). The change does not impact existing DRIs; the thresholds for amending existing DRIs remain, as do the biennial reporting requirements.
Sector Plan Changes
Section 163.3184 was amended to clarify that amendments to an adopted sector plan must go through the state coordinated review process. Additionally, conservation easements recorded pursuant to a sector plan now include a right of adjustment authorizing the grantor to modify portions of the area protected by substituting other lands in their place. The substitute lands must be the same or greater in size, must be equivalent in value in the proportion and quality of wetlands, uplands, and wildlife habitat, and must be contiguous to other lands protected under the conservation easement. If the grantor wishes to substitute lands, the grantor must request consent by the grantee, which consent may not be unreasonably withheld, and record an amendment to the easement.
An applicant for a detailed specific area plan (DSAP) is required to transmit copies to the applicable reviewing agencies for review and comment as to whether the proposed DSAP complies with the Comp Plan and long-range master plan. Any comments must be submitted, in writing, to the local government and the state land planning agency within 30 days of transmittal.
An applicant may now request that property already encumbered by a recorded conservation easement be “counted” as compensatory mitigation for permitting purposes under Chapter 373 or 379, under the sector planning process.
The RPCs Have Slimmed Down
There were discussions prior to the start of the 2015 session to eliminate the RPCs altogether and legislation was introduced to do just that. While the RPCs were not entirely done away with, one of the eleven RPCs was eliminated and the powers and duties of the remaining RPCs were slashed.
There were eleven RPCs which had been established under the provisions of Sections 186.504 and 186.505 of the Florida Statutes. The legislature eliminated the Withlacoochee Regional Planning Council (WRPC); specifically assigning the counties that fell under the WRPC’s jurisdiction to the other remaining RPCs.
RPCs were removed from participation in the development of plans for rural land stewardship; will no longer review DRI biennial reports; will no longer participate in the process of siting electrical power plants and transmission lines or proposed natural gas transmission corridors and pipelines; and, will no longer participate in the review of urbanized area transportation plans with metropolitan planning organizations.
Additionally, Governor Scott vetoed $2.5 million of funding for the RPCs.
Blight = Sinkholes
Section 163.340(8), Florida Statutes, generally requires that two or more specific listed factors be present in order for an area to meet the definition of a “blighted area.” The list of factors has been amended to include “a substantial number or percentage of properties damaged by sinkhole activity which have not been adequately repaired or stabilized.”
