Fla. Stat. § 163.3244 – Sustainable communities demonstration project

(1) The Department of Community Affairs is authorized to undertake a sustainable communities demonstration project. Up to five local governments may be designated under this section. At least three of the local governments shall be located totally or in part within the boundaries of the South Florida Water Management District. In selecting the local governments to participate in this demonstration project, the department shall assure participation by local governments of different sizes and characteristics. It is the intent of the Legislature that this demonstration project shall be used to further six broad principles of sustainability: restoring key ecosystems; achieving a more clean, healthy environment; limiting urban sprawl; protecting wildlife and natural areas; advancing the efficient use of land and other resources; and creating quality communities and jobs.
(2) A local government may apply to the department in writing requesting consideration for designation under the demonstration program. The local government shall describe its reasons for applying for this designation and support its application with documents regarding its compliance with criteria set forth in this section.
(3) In determining whether to designate all or part of a local government as a sustainable community, the department shall:
1. (a) Assure that the local government has set an urban development boundary or functionally equivalent mechanisms, based on projected needs and adequate data and analysis, that will:
  1. Encourage urban infill at appropriate densities and intensities, separate urban and rural uses, and discourage urban sprawl development patterns while preserving public open space and planning for buffer-type land uses and rural development consistent with their respective character along and outside of the urban boundary.
  2. Assure protection of key natural areas and agricultural lands.
  3. Ensure the cost-efficient provision of public infrastructure and services.
2. (b) Consider and assess the extent to which the local government has adopted programs in its local comprehensive plan or land development regulations which:
  1. Promote infill development and redevelopment, including prioritized and timely permitting processes in which applications for local development permits within the urban development boundary are acted upon expeditiously for proposed development which is consistent with the local comprehensive plan.
  2. Promote the development of housing for low-income and very-low-income households or specialized housing to assist elders and the disabled to remain at home or in independent living arrangements.
  3. Achieve effective intergovernmental coordination.
  4. Promote economic diversity and growth while encouraging the retention of rural character, where rural areas exist, and the protection and restoration of the environment.
  5. Provide and maintain public urban and rural open space and recreational opportunities.
  6. Manage transportation and land uses to support public transit and promote opportunities for pedestrian and nonmotorized transportation.
  7. Use urban design principles to foster individual community identity, create a sense of place, and promote pedestrian-oriented safe neighborhoods and town centers.
  8. Redevelop blighted areas.
  9. Improve disaster preparedness programs and the ability to protect lives and property, especially in coastal high-hazard areas.
  10. Encourage clustered, mixed-use development which incorporates greenspace and residential development within walking distance of commercial development.
  11. Demonstrate financial and administrative capabilities to implement the designation.
  12. Demonstrate a record of effectively adopting, implementing, and enforcing its comprehensive plan.
3. (c) Consider and assess the extent to which the local government has the support of its regional planning council governing board in favor of the designation.
(4) The department shall designate all or part of a local government as a sustainable community by written agreement, which shall be considered final agency action. The agreement shall include the basis for the designation, any conditions necessary to comply with the intent of this section, including procedures for mitigation of extrajurisdictional impacts of development in jurisdictions where developments of regional impact would be abolished or modified, and criteria for evaluating the success of the designation. Subsequent to executing the agreement, the department may remove the local government's designation if it determines that the local government is not meeting the terms of the designation agreement. If an affected person, as defined by s. 163.3184(1)(a), determines that a local government is not complying with the terms of the designation agreement, he or she may petition for administrative review of local government compliance with the terms of the agreement, using the procedures and timeframes for notice and conditions precedent described in s. 163.3213.
(5) Upon designation as a sustainable community, the local government shall receive the following benefits:
1. (a) All comprehensive plan amendments affecting areas within the urban growth boundary or functional equivalent shall be adopted and reviewed in the manner described in ss. 163.3184(1), (2), (7), (14), (15), and (16) and 163.3187, such that state and regional agency review is eliminated. The department shall not issue an objections, recommendations, and comments report on proposed plan amendments or a notice of intent on adopted plan amendments; however, affected persons, as defined by s. 163.3184(1)(a), may file a petition for administrative review pursuant to the requirements of s. 163.3187(3)(a) to challenge the compliance of an adopted plan amendment. Plan amendments that would change the adopted urban development boundary, impact lands outside the urban development boundary, or impact lands within the coastal high-hazard area shall be reviewed pursuant to ss. 163.3184 and 163.3187.
2. (b) Developments within the urban growth boundary and outside the coastal high-hazard area are exempt from review pursuant to ss. 380.06 and 380.061 to the extent established in the designation agreement.
3. (c) The Executive Office of the Governor shall work with other departments to emphasize programs in designated local governments in the areas of job creation; crime prevention; environmental protection and restoration programs; solid waste recycling; transportation improvements, including highways, transit, and nonmotorized transportation projects; sewage treatment system improvements; expedited and prioritized funding initiatives; and other programs that will assist local governments to create and maintain self-sustaining communities.
(6) The secretary of the Department of Environmental Protection, the Secretary of Community Affairs, the Secretary of Transportation, the Commissioner of Agriculture, the executive director of the Fish and Wildlife Conservation Commission, and the executive directors of the five water management districts shall have the authority to enter into agreements with landowners, developers, businesses, industries, individuals, and governmental agencies as may be necessary to effectuate the provisions of this section.
(7) Once designated as a sustainable community pursuant to this section, the local government shall provide a progress report to the department and the Advisory Council on Intergovernmental Relations each year on the anniversary date of its designation that identifies plan amendments adopted during the year, updates the future land use map, and advises whether the local government continues to comply with the designation agreement. Beginning December 1, 1997, and each year thereafter, the department shall provide a report to the Speaker of the House of Representatives and the President of the Senate regarding the successes and failures of this demonstration project. The report shall include any recommendations for legislative action to modify or repeal the project.
(8) The designation of a local government as a sustainable community under this section shall be for a period of 5 years, unless otherwise revoked or renewed by the department. The designation may be renewed if the department determines that the local government is complying with the terms of its agreement, showing continuing progress toward sustainable goals, and the demonstration project is still in effect.
(9) This section shall stand repealed on June 30, 2001, and shall be reviewed by the Legislature prior to that date.
(10) If this section is repealed, all designations shall terminate as of the effective date of the repeal.

History.--s. 15, ch. 96-416; s. 66, ch. 99-245.