This is the first in a series of blog entries focusing on particular aspects of the 2011 Community Planning Act. (See House Bill 7207, enacted by the 2011 Florida Legislature to reform the 1985 Growth Management Act, Part II of Chapter 163, Florida Statutes).
The Act changes several state law standards applicable to comprehensive planning. However, the Act explicitly states that local governments are not required to amend their comprehensive plans and land development codes to reflect the new requirements of the Act until the deadline for their Evaluation and Appraisal Process. For many local governments, this deadline is several years in the future.
What does this mean for review of applications in the interim, after the Act became effective and before the local government has amended its comprehensive plan and land development regulations to implement the changes in the Act? The state land planning agency is now the Department of Community Affairs but, as of October, it will become part of the new Department of Economic Opportunity. It has provided guidance on this question as it affects the new requirements for transportation concurrency as part of its Frequently Asked Questions (FAQs) on its website, as it is explicitly authorized to do by the Act. See http://www.dca.state.fl.us/fdcp/dcp/CPAct/CPAFAQ.cfm.
The answer to Question 12 of the FAQ states:
The new law went into effect on June 2, 2011, and local governments must begin implementing it now. However, they are not required to amend the comprehensive plan to reflect the new provisions until the evaluation and appraisal process in accordance with the schedule published on the Department’s web site, unless the law specifies otherwise. In the interim, a local government that continues to implement optional transportation concurrency must apply the provisions of the new law, whether the plan and land development regulations are updated or not…
DCA also notes that some local transportation concurrency systems may already comply with the Act, and cites Broward, Alachua andDuvalCountiesas examples.
It is unclear whether there is any way for affected persons to challenge this DCA guidance. Local governments who review applications that are affected by the statutory changes in the interim – before they amend their plans and codes to comply with the Act – should evaluate this issue, and consult with their local government attorneys on how they should proceed to assure compliance with the Act.
Author(s): Susan L. Trevarthen
