The Florida Senate

186.001  Short title.

186.002  Findings and intent.

186.003  Definitions.

186.004  Governor; chief planning officer of the state.

186.005  Designation of departmental planning officer.

186.006  Powers and responsibilities of Executive Office of the Governor.

186.007  State comprehensive plan; preparation; revision.

186.008  State comprehensive plan; revision; implementation.

186.009  Growth management portion of the state comprehensive plan.

186.021  State agency strategic plans.

186.022  State agency strategic plans; preparation, form, and review.

186.031  Annual report.

186.501  Short title.

186.502  Legislative findings; public purpose.

186.503  Definitions.

186.504  Regional planning councils; creation; membership.

186.505  Regional planning councils; powers and duties.

186.506  Executive Office of the Governor; powers and duties.

186.507  Strategic regional policy plans.

186.508  Strategic regional policy plan adoption; consistency with state comprehensive plan.

186.509  Dispute resolution process.

186.511  Evaluation of strategic regional policy plan; changes in plan.

186.513  Reports.

186.515  Creation of regional planning councils under chapter 163.

186.801  Ten-year site plans.

186.803  Use of geographic information by governmental entities.

186.805  Data Bank on Older Floridians.

186.901  Population census determination.

186.001  Short title.--Sections 186.001-186.031 and 186.801-186.901 shall be known and may be cited as the "Florida State Comprehensive Planning Act of 1972."

History.--s. 1, ch. 72-295; s. 68, ch. 99-2.

Note.--Former s. 23.0111.

186.002  Findings and intent.--

(1)  The Legislature finds and declares that:

(a)  The issues of public safety, education, health care, community and economic development and redevelopment, protection and conservation of natural and historic resources, transportation, and public facilities transcend the boundaries and responsibilities of individual units of government, and often no single unit of government can plan or implement policies to deal with these issues without affecting other units of government.

(b)  Coordination among all levels of government is necessary to ensure effective and efficient delivery of governmental services to all the citizens of the state. It is therefore necessary to establish an integrated planning system and to ensure coordinated administration of government policies that address the multitude of issues posed by the state's continued growth and development.

(c)  To promote intergovernmental coordination and the effective allocation of resources, the state should set goals to provide direction and guidance for state, regional, and local governments and agencies in the development and implementation of their respective plans, programs, and services. The preservation and enhancement of the quality of life of the people of this state require that a state comprehensive plan be adopted by the Legislature to provide policy direction for all state and regional agencies and local governments.

(d)  Regular evaluation of the state comprehensive plan is necessary to inform the public whether state goals are being attained. To accomplish this purpose, the state comprehensive plan should be evaluated biennially with any necessary revisions prepared through coordinated action by state and regional agencies and local governments.

(2)  It is the intent of the Legislature that:

(a)  The state planning process provide direction for the delivery of governmental services, a means for defining and achieving the specific goals of the state, and a method for evaluating the accomplishment of those goals.

(b)  The state comprehensive plan shall provide basic policy direction to all levels of government regarding the orderly social, economic, and physical growth of the state.

(c)  State agency strategic plans shall be effectively coordinated to ensure the establishment of appropriate agency priorities and facilitate the orderly, positive management of agency activities consistent with the public interest. It is also intended that the implementation of state and regional plans enhance the quality of life of the citizens of the state.

(d)  The state planning process shall be informed and guided by the experience of public officials at all levels of government. In preparing any plans or proposed revisions or amendments required by this chapter, the Governor shall consider the experience of and information provided by local governments in their evaluation and appraisal reports pursuant to s. 163.3191.

(e)  All agencies and levels of government involved in the integrated planning process shall provide sufficient opportunities for meaningful public participation in the preparation, implementation, evaluation, and revision of all plans and programs.

History.--s. 2, ch. 84-257; s. 87, ch. 92-142; s. 19, ch. 93-206.

186.003  Definitions.--As used in ss. 186.001-186.031 and 186.801-186.901, the term:

(1)  "Executive Office of the Governor" means the Office of Planning and Budgeting of the Executive Office of the Governor.

(2)  "Goal" means the long-term end toward which programs and activities are ultimately directed.

(3)  "Objective" means a specific, measurable, intermediate end that is achievable and marks progress toward a goal.

(4)  "Policy" means the way in which programs and activities are conducted to achieve an identified goal.

(5)  "Regional planning agency" means the regional planning council created pursuant to ss. 186.501-186.515 to exercise responsibilities under ss. 186.001-186.031 and 186.801-186.901 in a particular region of the state.

(6)  "State agency" means each executive department, the Fish and Wildlife Conservation Commission, the Parole Commission, and the Department of Military Affairs.

(7)  "State agency strategic plan" means the statement of priority directions that an agency will take to carry out its mission within the context of the state comprehensive plan and within the context of any other statutory mandates and authorizations given to the agency, pursuant to ss. 186.021-186.022.

(8)  "State comprehensive plan" means the state planning document required in s. 19, Art. III of the State Constitution and published as ss. 187.101 and 187.201.

History.--s. 3, ch. 72-295; s. 1, ch. 78-287; s. 66, ch. 79-190; s. 3, ch. 84-257; s. 31, ch. 88-122; s. 97, ch. 91-282; s. 88, ch. 92-142; s. 20, ch. 93-206; s. 24, ch. 95-280; s. 12, ch. 97-79; s. 17, ch. 98-176; s. 69, ch. 99-2; s. 67, ch. 99-245.

Note.--Former s. 23.0112.

186.004  Governor; chief planning officer of the state.--The Governor is the chief planning officer of the state and shall conduct a biennial review and revision of the state comprehensive plan.

History.--s. 1, ch. 67-157; s. 7, ch. 71-377; s. 4, ch. 72-295; s. 21, ch. 93-206.

Note.--Former s. 23.011.

186.005  Designation of departmental planning officer.--

(1)  The head of each executive department and the Public Service Commission, the Fish and Wildlife Conservation Commission, the Parole Commission, and the Department of Military Affairs shall select from within such agency a person to be designated as the planning officer for such agency. The planning officer shall be responsible for coordinating with the Executive Office of the Governor and with the planning officers of other agencies all activities and responsibilities of such agency relating to planning.

(2)  The head of each agency shall notify the Executive Office of the Governor in writing of the person initially designated as the planning officer for such agency and of any changes in persons so designated thereafter.

History.--s. 5, ch. 72-295; s. 67, ch. 79-190; s. 1, ch. 81-169; s. 32, ch. 88-122; s. 68, ch. 99-245.

Note.--Former s. 23.0113.

186.006  Powers and responsibilities of Executive Office of the Governor.--For the purpose of establishing consistency and uniformity in the state and regional planning process and in order to ensure that the intent of ss. 186.001-186.031 and 186.801-186.901 is accomplished, the Executive Office of the Governor shall:

(1)  Identify and monitor on a continuing basis statewide conditions and trends which impact the state.

(2)  Prepare, and update or revise regularly, the state comprehensive plan.

(3)  Designate the geographic boundaries of comprehensive planning districts.

(4)  Designate, and prepare or direct to be prepared, specific data, assumptions, forecasts, and projections for use by each state or regional agency in the preparation of plans.

(5)  Coordinate planning among federal, state, regional, and local levels of government and between this state and other states.

(6)  Prepare or direct appropriate state or regional agencies to prepare such studies, reports, data collections, or analyses as are necessary or useful in the preparation or revision of the state comprehensive plan, state agency functional plans, or strategic regional policy plans.

(7)  Act as the state clearinghouse and designate the regional planning councils as the regional data clearinghouses.

(8)  Direct state agencies and regional agencies to prepare and implement, consistent with their authority and responsibilities under law, such plans as are necessary to further the purposes and intent of the state comprehensive plan.

(9)  Provide such data and information to public and private agencies and to the public as it may have available.

(10)  Using federal, state, local, or private funds, contract with public agencies or private firms or consultants for specialized services or research facilities, whenever such services or facilities are not otherwise available to it.

(11)  Perform such other functions as are necessary to carry out the intent of ss. 186.001-186.031 and 186.801-186.901.

History.--s. 4, ch. 84-257; s. 7, ch. 85-57; s. 1, ch. 95-149; s. 70, ch. 99-2.

186.007  State comprehensive plan; preparation; revision.--

(1)  The Executive Office of the Governor shall prepare a proposed state comprehensive plan which provides long-range guidance for the orderly social, economic, and physical growth of the state. The plan shall be composed of goals, objectives, and policies that are briefly stated in plain, easily understandable words and that give specific policy direction to state and regional agencies. The goals, objectives, and policies shall be statewide in scope and shall be consistent and compatible with each other. The state comprehensive plan shall not include a land use map.

(2)  In preparing the goals, objectives, and policies of the state comprehensive plan, the Executive Office of the Governor shall analyze the problems, opportunities, and needs associated with growth and development in this state, particularly those problems, opportunities, and needs related to land use, water resources, and transportation system development. The Executive Office of the Governor shall document present conditions and trends, forecast future conditions and trends based on expected growth patterns, and identify needs. Such conditions, trends, and needs shall be used to prepare goals, objectives, and policies designed to preserve and enhance the quality of life of the citizens of this state.

(3)  In the state comprehensive plan, the Executive Office of the Governor may include goals, objectives, and policies related to the following program areas: economic opportunities; agriculture; employment; public safety; education; health concerns; social welfare concerns; housing and community development; natural resources and environmental management; recreational and cultural opportunities; historic preservation; transportation; and governmental direction and support services.

(4)(a)  The Executive Office of the Governor shall prepare statewide goals, objectives, and policies related to the opportunities, problems, and needs associated with growth and development in this state, which goals, objectives, and policies shall constitute the growth management portion of the state comprehensive plan. In preparing the growth management goals, objectives, and policies, the Executive Office of the Governor initially shall emphasize the management of land use, water resources, and transportation system development.

(b)  The purpose of the growth management portion of the state comprehensive plan is to establish clear, concise, and direct goals, objectives, and policies related to land development, water resources, transportation, and related topics. In doing so, the plan should, where possible, draw upon the work that agencies have invested in the Florida Transportation Plan, the Florida water plan, and similar planning documents.

(5)(a)  The Executive Office of the Governor shall prepare a separate portion of the state comprehensive plan related to the long-term infrastructure and capital outlay needs of the state. This portion shall be prepared based upon a comprehensive assessment of needs conducted by the Executive Office of the Governor, and it shall be updated annually as part of the budgeting process prescribed by chapter 216. The assessment shall provide estimates by area of the future infrastructure needs of the state that result from expected growth patterns and shall include recommendations for directing state expenditures to particular areas of the state in order to implement the growth management goals, objectives, and policies of the state comprehensive plan.

(b)  All capital outlay recommendations submitted to the Legislature in the Governor's budget request must be consistent with the goals, objectives, and policies of the state comprehensive plan and the long-term infrastructure and capital outlay portion when adopted.

(6)  The adopted state comprehensive plan shall provide, in addition to other criteria established by law, standards and criteria for the review and approval of state agency strategic plans and strategic regional policy plans.

(7)  In preparing and revising the state comprehensive plan, the Executive Office of the Governor shall, to the extent feasible, consider studies, reports, and plans of each department, agency, and institution of state and local government, each regional planning agency, and the Federal Government and shall take into account the existing and prospective resources, capabilities, and needs of state and local levels of government.

(8)  The revision of the state comprehensive plan is a continuing process. Each section of the plan shall be reviewed and analyzed biennially by the Executive Office of the Governor in conjunction with the planning officers of other state agencies significantly affected by the provisions of the particular section under review. In conducting this review and analysis, the Executive Office of the Governor shall review and consider, with the assistance of the state land planning agency and regional planning councils, the evaluation and appraisal reports submitted pursuant to s. 163.3191 and the evaluation and appraisal reports prepared pursuant to s. 186.511. Any necessary revisions of the state comprehensive plan shall be proposed by the Governor in a written report and be accompanied by an explanation of the need for such changes. If the Governor determines that changes are unnecessary, the written report must explain why changes are unnecessary. The proposed revisions and accompanying explanations may be submitted in the report required by s. 186.031. Any proposed revisions to the plan shall be submitted to the Legislature as provided in s. 186.008(2) at least 30 days prior to the regular legislative session occurring in each even-numbered year.

(9)  The Governor shall appoint a committee to review and make recommendations as to appropriate revisions to the state comprehensive plan that should be considered for the Governor's recommendations to the Administration Commission for October 1, 1999, pursuant to s. 186.008(1). The committee must consist of persons from the public and private sectors representing the broad range of interests covered by the state comprehensive plan, including state, regional, and local government representatives. In reviewing the goals and policies contained in chapter 187, the committee must identify portions that have become outdated or have not been implemented, and, based upon best available data, the state's progress toward achieving the goals and policies. In reviewing the goals and policies relating to growth and development, the committee shall consider the extent to which the plan adequately addresses the guidelines set forth in s. 186.009, and recommend revisions as appropriate. In addition, the committee shall consider and make recommendations on the purpose and function of the state land development plan, as set forth in s. 380.031(17), including whether said plan should be retained and, if so, its future application. The committee may also make recommendations as to data and information needed in the continuing process to evaluate and update the state comprehensive plan. All meetings of the committee must be open to the public for input on the state planning process and amendments to the state comprehensive plan. The Executive Office of the Governor is hereby appropriated $50,000 in nonrecurring general revenue for costs associated with the committee, including travel and per diem reimbursement for the committee members.

History.--s. 7, ch. 72-295; ss. 3, 5, ch. 77-306; s. 2, ch. 78-287; s. 68, ch. 79-190; s. 5, ch. 84-257; s. 22, ch. 93-206; s. 18, ch. 97-160; s. 18, ch. 98-176; s. 3, ch. 99-5.

Note.--Former s. 23.0114.

186.008  State comprehensive plan; revision; implementation.--

(1)  On or before October 1 of every odd-numbered year, the Executive Office of the Governor shall prepare, and the Governor shall recommend to the Administration Commission, any proposed revisions to the state comprehensive plan deemed necessary. The Governor shall transmit his or her recommendations and explanation as required by s. 186.007(8). Copies shall also be provided to each state agency, to each regional planning agency, to any other unit of government that requests a copy, and to any member of the public who requests a copy.

(2)  On or before December 15 of every odd-numbered year, the Administration Commission shall review the proposed revisions to the state comprehensive plan prepared by the Governor. The commission shall adopt a resolution, after public notice and a reasonable opportunity for public comment, and transmit the proposed revisions to the state comprehensive plan to the Legislature, together with any amendments approved by the commission and any dissenting reports. The commission shall identify those portions of the plan that are not based on existing law.

(3)  All amendments, revisions, or updates to the plan shall be adopted by the Legislature as a general law.

(4)  The state comprehensive plan shall be implemented and enforced by all state agencies consistent with their lawful responsibilities whether it is put in force by law or by administrative rule. The Governor, as chief planning officer of the state, shall oversee the implementation process.

(5)  All state agency budgets and programs shall be consistent with the adopted state comprehensive plan and shall support and further its goals and policies.

(6)  The Florida Public Service Commission, in approving the plans of utilities subject to its regulation, shall take into consideration the compatibility of the plan of each utility and all related utility plans taken together with the adopted state comprehensive plan.

History.--s. 3, ch. 67-157; ss. 31, 35, ch. 69-106; s. 8, ch. 72-295; s. 1, ch. 77-306; s. 3, ch. 78-287; s. 6, ch. 84-257; ss. 5, 7, ch. 85-57; s. 23, ch. 93-206; s. 958, ch. 95-147; s. 19, ch. 98-176.

Note.--Former s. 23.013.

186.009  Growth management portion of the state comprehensive plan.--

(1)  The Executive Office of the Governor shall prepare the proposed growth management portion of the state comprehensive plan in coordination with the Legislature, appropriate state agencies, regional entities, local governments, and citizens. The proposed growth management portion of the state comprehensive plan shall not be based upon the comprehensive format of the state comprehensive plan but shall be strategic in nature.

(2)  The growth management portion of the state comprehensive plan shall:

(a)  Provide strategic guidance for state, regional, and local actions necessary to implement the state comprehensive plan with regard to the physical growth and development of the state.

(b)  Identify metropolitan and urban growth centers.

(c)  Identify areas of state and regional environmental significance and establish strategies to protect them.

(d)  Set forth and integrate state policy for Florida's future growth as it relates to land development, air quality, transportation, and water resources.

(e)  Provide guidelines for determining where urban growth is appropriate and should be encouraged.

(f)  Provide guidelines for state transportation corridors, public transportation corridors, new interchanges on limited access facilities, and new airports of regional or state significance.

(g)  Promote land acquisition programs to provide for natural resource protection, open space needs, urban recreational opportunities, and water access.

(h)  Set forth policies to establish state and regional solutions to the need for affordable housing.

(i)  Provide coordinated state planning of road, rail, and waterborne transportation facilities designed to take the needs of agriculture into consideration and to provide for the transportation of agricultural products and supplies.

(j)  Establish priorities regarding coastal planning and resource management.

(k)  Provide a statewide policy to enhance the multiuse waterfront development of existing deepwater ports, ensuring that priority is given to water-dependent land uses.

(l)  Set forth other goals, objectives, and policies related to the state's natural and built environment that are necessary to effectuate those portions of the state comprehensive plan which are related to physical growth and development.

(m)  Set forth recommendations on when and to what degree local government comprehensive plans must be consistent with the proposed growth management portion of the state comprehensive plan.

(n)  Set forth recommendations on how to integrate the Florida water plan required by s. 373.036 and transportation plans required by chapter 339.

(o)  Set forth recommendations concerning what degree of consistency is appropriate for the strategic regional policy plans.

The growth management portion of the state comprehensive plan shall not include a land use map.

(3)  The growth management portion of the state comprehensive plan, and all amendments, revisions, or updates to the plan, shall have legal effect only upon adoption by the Legislature as general law. The Legislature shall indicate, in adopting the growth management portion of the state comprehensive plan, which plans, activities, and permits must be consistent with the growth management portion of the state comprehensive plan.

History.--s. 24, ch. 93-206; s. 19, ch. 97-160; s. 20, ch. 98-176.

186.021  State agency strategic plans.--

(1)  A state agency strategic plan shall be a statement of the priority directions an agency will take to carry out its mission within the context of the state comprehensive plan and any other statutory mandates and authorizations given to the agency. Each state agency strategic plan must identify infrastructure needs, capital improvement needs, and information resources management projects or initiatives that involve more than one agency, that have an outcome that impacts another agency, or that exceed $500,000 in total cost over a 1-year period, except for those projects that are a continuation of hardware or software maintenance or software licensing agreements, or that are for desktop replacement that is similar to the technology currently in use. Each agency strategic plan shall specify those objectives against which will be judged the agency's achievement of its goals and the goals of the state comprehensive plan. The state agency strategic plan shall be consistent with and shall further the goals of the state comprehensive plan.

(2)  A state agency strategic plan shall be developed with a 5-year outlook and shall provide the strategic framework within which an agency's legislative budget request is developed. An agency's budget shall be designed to further the agency's strategic plan.

(3)  All amendments, revisions, or updates to a state agency strategic plan shall be prepared in the same manner as the original and shall be prepared as needed because of changes in the state comprehensive plan or changes in the statutory authority and responsibility of the agency.

(4)  The Department of Environmental Protection, with regard to the plan required by s. 373.036, and the state land planning agency, with regard to the plan defined in s. 380.031(17), shall prepare revisions to such plans no later than 6 months after the adoption of revisions to the growth management portion of the state comprehensive plan or by June 1 of each even-numbered year, whichever is later.

(5)  Notwithstanding the provisions of this section and ss. 186.009 and 186.022, the short-range component of the Florida Transportation Plan and annual performance report developed pursuant to s. 339.155 shall serve as the state agency strategic plan and annual performance report for the Department of Transportation.

History.--s. 7, ch. 84-257; ss. 6, 7, ch. 85-57; s. 1, ch. 87-137; s. 33, ch. 87-224; s. 7, ch. 91-429; s. 89, ch. 92-142; s. 25, ch. 93-206; s. 8, ch. 94-226; s. 47, ch. 94-249; s. 5, ch. 94-340; s. 39, ch. 94-356; s. 4, ch. 95-257; s. 3, ch. 97-286; ss. 16, 17, ch. 98-73.

186.022  State agency strategic plans; preparation, form, and review.--

(1)  Beginning in 1992, 3 months prior to the annual submission of its final agency legislative budget request pursuant to s. 216.023(1), each state agency shall prepare and submit its agency strategic plan to the Executive Office of the Governor. Prior to the submission of its agency strategic plan to the Governor, each agency shall hold public workshops on the proposed agency strategic plan, and shall allow at least a 21-day period for public comment. At a minimum, adequate public notice must be assured by publication of notice of the hearing and comment period in the Florida Administrative Weekly. Public participation must be further encouraged through procedures and instructions.

(2)  Each agency strategic plan must be in a form and manner prescribed in written instructions prepared by the Executive Office of the Governor after consultation with the President of the Senate and the Speaker of the House of Representatives. Each agency strategic plan must identify the specific legislative authority necessary to implement the provisions of the plan. An agency may only implement those portions of its strategic plan that are consistent with existing statutory or constitutional authority and for which funding, if needed, is available consistent with the provisions of chapter 216. An agency's budget request prescribed in s. 216.023(1) shall identify the financial resources necessary to further the provisions of the agency's strategic plan. Performance measures, as defined in s. 216.011 and proposed by the agency pursuant to s. 216.0166(1), must be consistent with the objectives in the draft agency strategic plan and shall represent 1-year implementation efforts necessary to meet the 5-year agency strategic plan objectives. State agency strategic plans shall be amended by the agency, as necessary, to ensure consistency with the legislative actions prior to the effective date of the agency strategic plan.

(3)  The Executive Office of the Governor shall review the state agency strategic plans to ensure that they are consistent with the state comprehensive plan and other requirements as specified in the written instructions. In its review, the Executive Office of the Governor shall consider all comments received in formulating required revisions. This shall include:

(a)  The findings of the Technology Review Workgroup as to the consistency of the information resources management portion of agency strategic plans with the State Annual Report on Information Resources Management and statewide policies recommended by the State Technology Council; and

(b)  The findings and recommendations of the Criminal and Juvenile Justice Information Systems Council's review with respect to public safety system strategic information resources management issues.

Within 60 days, reviewed plans shall be returned to the agency, together with any required revisions. However, any required revisions relating to information resources management needs identified in the agency strategic plans are subject to the notice and review procedures set forth in s. 216.177 and must be approved by the Administration Commission for the executive branch and the Chief Justice for the judicial branch.

(4)  The state agency shall, within 30 days of the return of its state agency strategic plan, incorporate all revisions required by the Governor, or shall petition the Administration Commission to resolve any disputes regarding the consistency of the state agency strategic plan or the revisions recommended by the Governor with the state comprehensive plan or the written instructions. The Administration Commission shall resolve any disputes within 60 days of the petition.

(5)  Any differences between state agencies regarding the programs, policies, or strategic plans of such agencies shall be mediated by the Executive Office of the Governor.

(6)  Each agency shall transmit copies of its strategic plan and all written comments on its plan to the President of the Senate and the Speaker of the House of Representatives not later than 30 days prior to the next regular session of the Legislature.

(7)  Agency strategic plans developed pursuant to this chapter are not rules and therefore are not subject to the provisions of chapter 120.

(8)  Each agency shall submit by September 1 of each year an annual performance report to the Executive Office of the Governor, with copies to the President of the Senate, the Speaker of the House of Representatives, the Auditor General, and the Office of Program Policy Analysis and Government Accountability. The purpose of this report is to evaluate the attainment of the agency objectives in the agency strategic plan and the performance measures approved by the Legislature pursuant to s. 216.0166(3) and established in the General Appropriations Act or implementing legislation for the General Appropriations Act for the previous fiscal year. In addition, each state agency must include a one-page summary of all moneys that were expended or encumbered by the agency, or for which the agency was otherwise responsible, during the preceding fiscal year and an estimate of such moneys projected by the agency for the current fiscal year. All such expenditures and estimates of such expenditures must be divided by program and expressed in line items by unit costs for each output measure approved pursuant to s. 216.0166(3) for those agencies and programs operating under performance-based program budgeting and for major services and products for those agencies and programs operating under traditional line-item budgeting. Unit cost totals must equal the total amount of moneys that were expended or projected to be expended by each agency and must include expenditures or projected expenditures of state funds by subordinate governmental entities and contractors, as applicable. Moneys that agencies receive but are not responsible for, such as reversions or pass-throughs to entities over which the agency has no authority or responsibility, shall be shown in separate line items and expressed in total amounts only. At the regular session immediately following the submission of the agency performance report, the Legislature shall reduce in the General Appropriations Act for the ensuing fiscal year, by an amount equal to at least 10 percent of the allocation for the fiscal year preceding the current fiscal year, the funding of each state agency that fails to submit the report required by this subsection. All reports must be submitted in the form and manner prescribed by the instructions prepared pursuant to subsection (2) and s. 216.0235(3).

(9)  By March 1 of each year, the Geographic Information Board, the Financial Management Information Board, the Criminal and Juvenile Justice Information Systems Council, and the Health Information Systems Council shall each develop a strategic plan following the general statutory requirements that are applicable to agencies pursuant to s. 186.021(1), (2), and (3). The strategic plan shall be subject to the requirements, and the review and approval processes, set forth in subsections (2) through (8), with the following exceptions:

(a)  The Executive Office of the Governor, after consultation with the President of the Senate and the Speaker of the House of Representatives, may prescribe a specific format and content for the strategic plans of coordinating boards and councils.

(b)  The time periods for review and return of any required strategic plan revisions, incorporation of such revisions by the boards or councils, and resolution of disputes shall be established by the Executive Office of the Governor, after consultation with the President of the Senate and the Speaker of the House of Representatives.

History.--s. 8, ch. 84-257; s. 4, ch. 85-57; s. 98, ch. 91-282; s. 8, ch. 91-429; s. 90, ch. 92-142; s. 26, ch. 93-206; s. 9, ch. 94-226; s. 6, ch. 94-340; s. 8, ch. 96-388; s. 13, ch. 97-79; s. 4, ch. 97-286; ss. 10, 19, ch. 98-73; s. 5, ch. 98-251; s. 1, ch. 99-377.

186.031  Annual report.--The Governor as the chief planning and budget officer of the state shall annually report to the Legislature and the public on the economic conditions of the state, the infrastructure and capital outlay needs of the state, and the impacts of growth and development and shall assess state, regional, and local government efforts in addressing such conditions, needs, and impacts. The report shall appraise current growth trends, shall evaluate the extent to which existing growth management policies effectively address such trends, and shall review such other factors and indicators as are appropriate. The report shall contain timely and authoritative data and information about economic and demographic growth patterns and an analysis of such information as it affects the goals and policies of the state for growth and development. The report shall contain specific recommendations for any legislative and administrative changes needed to continue to manage growth effectively and to build upon the opportunities available. The report shall be related to, and developed in conjunction with, the regular updates of the state comprehensive plan.

History.--s. 5, ch. 67-157; ss. 31, 35, ch. 69-106; s. 72, ch. 79-190; s. 15, ch. 81-259; s. 9, ch. 84-257.

Note.--Former s. 23.015.

186.501  Short title.--Sections 186.501-186.513 shall be known and may be cited as the "Florida Regional Planning Council Act."

History.--ss. 1, 5, ch. 80-315; s. 4, ch. 82-46; s. 1, ch. 92-182; s. 38, ch. 93-206.

Note.--Former s. 160.001.

186.502  Legislative findings; public purpose.--

(1)  The Legislature finds and declares that:

(a)  The problems of growth and development often transcend the boundaries of individual units of local general-purpose government, and often no single unit can formulate plans or implement policies for their solution without affecting other units in their geographic area.

(b)  There is a need for regional planning agencies to assist local governments to resolve their common problems, engage in areawide comprehensive and functional planning, administer certain federal and state grants-in-aid, and provide a regional focus in regard to multiple programs undertaken on an areawide basis.

(c)  Federal and state programs should have coordinated purposes and consistent policy direction in order to avoid the proliferation of overlapping, duplicating, and competing regional agencies. To further this end, these efforts should result in ¹entities agencies which effectively carry out a wide variety of federal and state program designations.

(d)  The financial and technical assistance of the state should be provided to regional planning agencies to maximize the effective use of regional programs undertaken with the authorization of local, state, or federal governments serving the citizens of this state.

(e)  There is a need for the establishment at the regional level of clear policy plans that will guide broad-based representative regional planning agencies as they undertake regional review functions.

(2)  It is the declared purpose of this act to establish a common system of regional planning councils for areawide coordination and related cooperative activities of federal, state, and local governments; ensure a broad-based regional organization that can provide a truly regional perspective; and enhance the ability and opportunity of local governments to resolve issues and problems transcending their individual boundaries.

(3)  The regional planning council is designated as the primary organization to address problems and plan solutions that are of greater-than-local concern or scope, and the regional planning council shall be recognized by local governments as one of the means to provide input into state policy development.

(4)  The regional planning council is recognized as Florida's only multipurpose regional entity that is in a position to plan for and coordinate intergovernmental solutions to growth-related problems on greater-than-local issues, provide technical assistance to local governments, and meet other needs of the communities in each region. A council shall not act as a permitting or regulatory entity.

(5)  The regional planning council shall have a duty to assist local governments with activities designed to promote and facilitate economic development in the geographic area covered by the council.

History.--ss. 2, 5, ch. 80-315; s. 4, ch. 82-46; s. 10, ch. 84-257; s. 1, ch. 92-182; ss. 27, 38, ch. 93-206; s. 91, ch. 99-251.

¹Note.--The word "entities" appears to be an error; it was substituted for the word "regional" in the preparation of C.S. for H.B. 1452 (1980).

Note.--Former s. 160.002.

186.503  Definitions.--As used in this act, the term:

(1)  "Comprehensive planning districts" means the geographic areas within the state specified by rule by the Executive Office of the Governor pursuant to s. 186.006.

(2)  "Cross-acceptance" means a process by which a regional planning council compares plans to identify inconsistencies. Consistency between plans may be achieved through a process of negotiation involving the local governments or regional planning council which prepared the respective plans.

(3)  "Elected official" means a member of the governing body of a municipality or county or an elected county official chosen by the governing body.

(4)  "Existing regional planning council" means a regional planning council created by local general-purpose governments prior to October 1, 1980, pursuant to chapters ¹160 and 163.

(5)  "Federal" or "Federal Government" means the United States Government or any department, commission, agency, or other instrumentality thereof.

(6)  "Local general-purpose government" means any municipality or county created pursuant to the authority granted under ss. 1 and 2, Art. VIII of the State Constitution.

(7)  "Local health council" means a regional agency established pursuant to s. 408.033.

(8)  "State" or "state government" means the government of the State of Florida or any department, commission, agency, or other instrumentality thereof.

(9)  "Strategic regional policy plan" means a long-range guide for physical, economic, and social development of a comprehensive planning district which identifies regional goals and policies.

History.--ss. 3, 5, ch. 80-315; s. 7, ch. 81-167; s. 4, ch. 82-46; s. 7, ch. 83-55; s. 18, ch. 84-257; s. 22, ch. 85-80; s. 99, ch. 91-282; s. 1, ch. 92-182; ss. 28, 38, ch. 93-206; s. 25, ch. 95-280; s. 12, ch. 97-79.

¹Note.--Transferred to ch. 186 by the reviser incident to compiling the 1984 Supplement to the Florida Statutes 1983.

Note.--Former s. 160.003.

186.504  Regional planning councils; creation; membership.--

(1)  A regional planning council shall be created in each of the several comprehensive planning districts of the state. Only one agency shall exercise the responsibilities granted herein within the geographic boundaries of any one comprehensive planning district.

(2)  Membership on the regional planning council shall be as follows:

(a)  Representatives appointed by each of the member counties in the geographic area covered by the regional planning council.

(b)  Representatives from other member local general-purpose governments in the geographic area covered by the regional planning council.

(c)  Representatives appointed by the Governor from the geographic area covered by the regional planning council.

(3)  Not less than two-thirds of the representatives serving as voting members on the governing bodies of such regional planning councils shall be elected officials of local general-purpose governments chosen by the cities and counties of the region, provided each county shall have at least one vote. The remaining one-third of the voting members on the governing board shall be appointed by the Governor, subject to confirmation by the Senate, and shall reside in the region. No two appointees of the Governor shall have their places of residence in the same county until each county within the region is represented by a Governor's appointee to the governing board. Nothing contained in this section shall deny to local governing bodies or the Governor the option of appointing either locally elected officials or lay citizens provided at least two-thirds of the governing body of the regional planning council is composed of locally elected officials.

(4)  In addition to voting members appointed pursuant to paragraph (2)(c), the Governor shall appoint the following ex officio nonvoting members to each regional planning council:

(a)  A representative of the Department of Transportation.

(b)  A representative of the Department of Environmental Protection.

(c)  A representative nominated by Enterprise Florida, Inc., and the Office of Tourism, Trade, and Economic Development.

(d)  A representative of the appropriate water management district or districts.

The Governor may also appoint ex officio nonvoting members representing appropriate metropolitan planning organizations and regional water supply authorities.

(5)  Nothing contained in this act shall be construed to mandate municipal government membership or participation in a regional planning council. However, each county shall be a member of the regional planning council created within the comprehensive planning district encompassing the county.

(6)  The existing regional planning council in each of the several comprehensive planning districts shall be designated as the regional planning council specified under subsections (1)-¹(5), provided the council agrees to meet the membership criteria specified therein and is a regional planning council organized under either s. 163.01 or s. 163.02 or ²chapter 160.

History.--s. 1, ch. 59-369; s. 19, ch. 63-400; s. 1, ch. 69-63; ss. 3, 5, ch. 80-315; s. 4, ch. 82-46; s. 11, ch. 84-257; s. 1, ch. 92-182; ss. 29, 38, ch. 93-206; s. 40, ch. 94-356; s. 92, ch. 99-251.

¹Note.--Substituted by the editors for a reference to subsection (4) to conform to the redesignation of subunits by s. 29, ch. 93-206.

²Note.--Transferred to ch. 186 by the reviser incident to compiling the 1984 Supplement to the Florida Statutes 1983.

Note.--Former s. 160.01.

186.505  Regional planning councils; powers and duties.--Any regional planning council created hereunder shall have the following powers:

(1)  To adopt rules of procedure for the regulation of its affairs and the conduct of its business and to appoint from among its members a chair to serve annually; however, such chair may be subject to reelection.

(2)  To adopt an official name and seal.

(3)  To maintain an office at such place or places within the comprehensive planning district as it may designate.

(4)  To employ and to compensate such personnel, consultants, and technical and professional assistants as it deems necessary to exercise the powers and perform the duties set forth in this act.

(5)  To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act.

(6)  To hold public hearings and sponsor public forums in any part of the regional area whenever the council deems it necessary or useful in the execution of its other functions.

(7)  To sue and be sued in its own name.

(8)  To accept and receive, in furtherance of its functions, funds, grants, and services from the Federal Government or its agencies; from departments, agencies, and instrumentalities of state, municipal, or local government; or from private or civic sources. Each regional planning council shall render an accounting of the receipt and disbursement of all funds received by it, pursuant to the federal Older Americans Act, to the Legislature no later than March 1 of each year.

(9)  To receive and expend such sums of money as shall be from time to time appropriated for its use by any county or municipality when approved by the council and to act as an agency to receive and expend federal funds for planning.

(10)  To act in an advisory capacity to the constituent local governments in regional, metropolitan, county, and municipal planning matters.

(11)  To cooperate, in the exercise of its planning functions, with federal and state agencies in planning for emergency management under s. 252.34(4).

(12)  To fix and collect membership dues, rents, or fees when appropriate.

(13)  To acquire, own, hold in custody, operate, maintain, lease, or sell real or personal property.

(14)  To dispose of any property acquired through the execution of an interlocal agreement under s. 163.01.

(15)  To accept gifts, grants, assistance, funds, or bequests.

(16)  To conduct studies of the resources of the region.

(17)  To participate with other governmental agencies, educational institutions, and private organizations in the coordination or conduct of its activities.

(18)  To select and appoint such advisory bodies as the council may find appropriate for the conduct of its activities.

(19)  To enter into contracts to provide, at cost, such services related to its responsibilities as may be requested by local governments within the region and which the council finds feasible to perform.

(20)  To provide technical assistance to local governments on growth management matters.

(21)  To perform a coordinating function among other regional entities relating to preparation and assurance of regular review of the strategic regional policy plan, with the entities to be coordinated determined by the topics addressed in the strategic regional policy plan.

(22)  To establish and conduct a cross-acceptance negotiation process with local governments intended to resolve inconsistencies between applicable local and regional plans, with participation by local governments being voluntary.

(23)  To coordinate land development and transportation policies in a manner that fosters regionwide transportation systems.

(24)  To review plans of independent transportation authorities and metropolitan planning organizations to identify inconsistencies between those agencies' plans and applicable local government plans.

(25)  To use personnel, consultants, or technical or professional assistants of the council to help local governments within the geographic area covered by the council conduct economic development activities.

History.--s. 2, ch. 59-369; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; ss. 3, 5, ch. 80-315; s. 8, ch. 81-167; s. 4, ch. 82-46; s. 8, ch. 83-55; s. 4, ch. 83-334; s. 12, ch. 84-257; s. 1, ch. 92-182; ss. 30, 38, ch. 93-206; s. 959, ch. 95-147; s. 15, ch. 95-196; s. 71, ch. 99-2; s. 93, ch. 99-251.

Note.--Former s. 160.02.

186.506  Executive Office of the Governor; powers and duties.--The Executive Office of the Governor, or its designee, shall:

(1)  Arbitrate and settle disputes between regional planning councils.

(2)  Provide assistance to local general-purpose governments concerning organization of, or reorganization into, a regional planning council.

(3)  Review, modify, reject, or approve those rules of the regional planning councils which pertain to the functions designated to the regional planning councils by the state. These rules shall be submitted to the Governor or his or her designee and, if not acted upon within 30 days of receipt, they will be assumed to be in force.

(4)  Conduct an in-depth analysis of the current boundaries of comprehensive planning districts to ensure that the regional planning councils working within them together form a workable system for effective regional planning, and that each council can adequately perform the tasks assigned to it by law. The Executive Office of the Governor shall include in its study the preferences of local general-purpose governments; the effects of population migration, transportation networks, population increases and decreases, economic development centers, trade areas, natural resource systems, federal program requirements, designated air quality nonattainment areas, economic relationships among cities and counties, and media markets; and other data, projections, or studies that it determines to be of significance in establishing district boundaries. The Executive Office of the Governor may make such changes in the district boundaries as are found to be feasible and desirable, shall complete a review of existing boundaries by January 1, 1994, and may revise and update the boundaries from time to time thereafter.

History.--ss. 3, 5, ch. 80-315; s. 4, ch. 82-46; s. 1, ch. 92-182; ss. 31, 38, ch. 93-206; s. 960, ch. 95-147.

Note.--Former s. 160.05.

186.507  Strategic regional policy plans.--

(1)  A strategic regional policy plan shall contain regional goals and policies that shall address affordable housing, economic development, emergency preparedness, natural resources of regional significance, and regional transportation, and that may address any other subject which relates to the particular needs and circumstances of the comprehensive planning district as determined by the regional planning council. Regional plans shall identify and address significant regional resources and facilities. Regional plans shall be consistent with the state comprehensive plan.

(2)  The Executive Office of the Governor may adopt by rule minimum criteria to be addressed in each strategic regional policy plan and a uniform format for each plan. Such criteria must emphasize the requirement that each regional planning council, when preparing and adopting a strategic regional policy plan, must focus on regional rather than local resources and facilities.

(3)  In preparing the strategic regional policy plan, the regional planning council shall seek the full cooperation and assistance of local governments to identify key regional resources and facilities and shall document present conditions and trends with respect to the policy areas addressed; forecast future conditions and trends based on expected growth patterns of the region; and analyze the problems, needs, and opportunities associated with growth and development in the region, especially as those problems, needs, and opportunities relate to the subject areas addressed in the strategic regional policy plan.

(4)  The regional goals and policies shall be used to develop a coordinated program of regional actions directed at resolving the identified problems and needs.

(5)  The council shall give consideration to existing state, regional, and local plans in accomplishing the purposes of this section.

(6)  The draft regional plan shall be circulated to all local governments in the region, and the local governments shall be afforded a reasonable opportunity to comment on the regional plan.

(7)  The council shall provide for adequate input by citizens into the regional planning process.

(8)  Upon adoption, a strategic regional policy plan shall provide, in addition to other criteria established by law, the basis for regional review of developments of regional impact, regional review of federally assisted projects, and other regional comment functions.

(9)  Regional planning councils shall consider, and make accessible to the public, appropriate data and studies, including development-of-regional-impact applications and agency reports, in order to assist participants in the development-of-regional-impact review process. A major objective of the regional planning process shall be to coordinate with the state land planning agency in order to achieve uniformity and consistency in land use information and data collection efforts in this state and provide a usable and accessible database to local governments and the private sector.

(10)  Each regional planning council shall enter into a memorandum of agreement with each local health council in its comprehensive planning district to ensure the coordination of health planning, if the regional planning council elects to address health issues in its strategic regional policy plan. The memorandum of agreement shall specify the manner in which each regional planning council and local health council will coordinate their activities.

(11)  All natural resources of regional significance identified in the strategic regional policy plan shall be identified by a specific geographic location and not solely by generic type.

(12)  In addressing regional transportation, the council may recommend minimum density guidelines for development along designated public transportation corridors and identify investment strategies for providing transportation infrastructure where growth is desired, rather than focusing primarily on relieving congestion in areas where growth is discouraged.

(13)  Standards included in strategic regional policy plans may be used for planning purposes only and not for permitting or regulatory purposes. However, a regional planning council may not adopt a planning standard that differs materially from a planning standard adopted by rule by a state or regional agency, when such rule expressly states the planning standard is intended to preempt action by the regional planning council. The absence of a planning standard for a particular issue on the part of a state or other regional agency shall not be deemed to create a material difference from a planning standard adopted by a regional planning council. Planning standards may be used as a basis for comments on federal consistency and clearinghouse reviews. However, any inconsistency between a local plan or plan amendment and a strategic regional policy plan must not be the sole basis for a notice of intent to find a local plan or plan amendment not in compliance with this act.

(14)  A regional planning council may not, in its strategic regional policy plan or by any other means, establish binding level-of-service standards for public facilities and services provided or regulated by local governments. This limitation shall not be construed to limit the authority of regional planning councils to propose objections, recommendations, or comments on local plans or plan amendments.

(15)  A strategic regional policy plan or any amendment thereto shall be adopted by rule by a two-thirds vote of the membership of the governing body of a regional planning council present at a duly noticed meeting constituting a quorum; however, no strategic regional policy plan or amendment thereto shall be adopted by less than the majority of the members of the governing body.

(16)  In formulating regional policies, the regional planning council shall consider existing requirements in other planning and regulatory programs.

(17)  Each regional planning council, in its strategic regional policy plan, may recommend specific locations or activities in which a project, due to character or location, should be a development of regional impact within that comprehensive planning district.

History.--ss. 3, 5, ch. 80-315; s. 4, ch. 82-46; s. 13, ch. 84-257; s. 100, ch. 91-282; s. 1, ch. 92-182; ss. 32, 38, ch. 93-206; s. 8, ch. 95-322; s. 21, ch. 98-176.

Note.--Former s. 160.07.

186.508  Strategic regional policy plan adoption; consistency with state comprehensive plan.--

(1)  Each regional planning council shall submit to the Executive Office of the Governor its proposed strategic regional policy plan on a schedule established by the Executive Office of the Governor to coordinate implementation of the strategic regional policy plans with the evaluation and appraisal reports required by s. 163.3191. The Executive Office of the Governor, or its designee, shall review the proposed strategic regional policy plan to ensure consistency with the adopted state comprehensive plan and shall, within 60 days, provide any recommended revisions. The Governor's recommended revisions shall be included in the plans in a comment section. However, nothing herein shall preclude a regional planning council from adopting or rejecting any or all of the revisions as a part of its plan prior to the effective date of the plan. The rules adopting the strategic regional policy plan shall not be subject to rule challenge under s. 120.56(2) or to drawout proceedings under s. 120.54(3)(c)2., but, once adopted, shall be subject to an invalidity challenge under s. 120.56(3) by substantially affected persons, including the Executive Office of the Governor. The rules shall be adopted by the regional planning councils, and shall become effective upon filing with the Department of State, notwithstanding the provisions of s. 120.54(3)(e)6.

(2)  If a local government within the jurisdiction of a regional planning council challenges a portion of the council's regional policy plan pursuant to s. 120.56, the applicable portion of that local government's comprehensive plan shall not be required to be consistent with the challenged portion of the regional policy plan until 12 months after the challenge has been resolved by an administrative law judge.

(3)  All amendments to the adopted regional policy plan shall be subject to all challenges pursuant to chapter 120.

History.--s. 14, ch. 84-257; s. 23, ch. 85-55; s. 13, ch. 86-191; s. 101, ch. 91-282; s. 1, ch. 92-182; ss. 34, 38, ch. 93-206; s. 31, ch. 96-410; s. 14, ch. 97-79; s. 22, ch. 98-176.

186.509  Dispute resolution process.--Each regional planning council shall establish by rule a dispute resolution process to reconcile differences on planning and growth management issues between local governments, regional agencies, and private interests. The dispute resolution process shall, within a reasonable set of timeframes, provide for: voluntary meetings among the disputing parties; if those meetings fail to resolve the dispute, initiation of voluntary mediation or a similar process; if that process fails, initiation of arbitration or administrative or judicial action, where appropriate. The council shall not utilize the dispute resolution process to address disputes involving environmental permits or other regulatory matters unless requested to do so by the parties. The resolution of any issue through the dispute resolution process shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a determination under statutory or common law.

History.--s. 15, ch. 84-257; s. 1, ch. 92-182; ss. 35, 38, ch. 93-206.

186.511  Evaluation of strategic regional policy plan; changes in plan.--The regional planning process shall be a continuous and ongoing process. Each regional planning council shall prepare an evaluation and appraisal report on its strategic regional policy plan at least once every 5 years; assess the successes or failures of the plan; address changes to the state comprehensive plan; and prepare and adopt by rule amendments, revisions, or updates to the plan as needed. Each regional planning council shall involve the appropriate local health councils in its region if the regional planning council elects to address regional health issues. The evaluation and appraisal report shall be prepared and submitted for review on a schedule established by the Executive Office of the Governor. The schedule shall facilitate and be coordinated with, to the maximum extent feasible, the evaluation and revision of local comprehensive plans pursuant to s. 163.3191 for the local governments within each comprehensive planning district.

History.--s. 16, ch. 84-257; s. 14, ch. 86-191; s. 102, ch. 91-282; s. 1, ch. 92-182; ss. 37, 38, ch. 93-206; s. 23, ch. 98-176.

186.513  Reports.--Each regional planning council shall prepare and furnish an annual report on its activities to the department and the local general-purpose governments within its boundaries and, upon payment as may be established by the council, to any interested person. The regional planning councils shall make a joint report and recommendations to appropriate legislative committees.

History.--ss. 3, 5, ch. 80-315; s. 4, ch. 82-46; s. 1, ch. 92-182; s. 38, ch. 93-206.

Note.--Former s. 160.08.

186.515  Creation of regional planning councils under chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and 186.515 is intended to repeal or limit the provisions of chapter 163; however, the local general-purpose governments serving as voting members of the governing body of a regional planning council created pursuant to ss. 186.501-186.507, 186.513, and 186.515 are not authorized to create a regional planning council pursuant to chapter 163 unless an agency, other than a regional planning council created pursuant to ss. 186.501-186.507, 186.513, and 186.515, is designated to exercise the powers and duties in any one or more of ss. 163.3164(19) and 380.031(15); in which case, such a regional planning council is also without authority to exercise the powers and duties in s. 163.3164(19) or s. 380.031(15).

History.--ss. 4, 5, ch. 80-315; s. 4, ch. 82-46; s. 44, ch. 91-45; s. 1, ch. 92-182; ss. 3, 38, ch. 93-206.

Note.--Former s. 160.09.

186.801  Ten-year site plans.--

(1)  Beginning January 1, 1974, each electric utility shall submit to the Public Service Commission a 10-year site plan which shall estimate its power-generating needs and the general location of its proposed power plant sites. The 10-year plan shall be reviewed and submitted not less frequently than every 2 years.

(2)  Within 9 months after the receipt of the proposed plan, the commission shall make a preliminary study of such plan and classify it as "suitable" or "unsuitable." The commission may suggest alternatives to the plan. All findings of the commission shall be made available to the Department of Environmental Protection for its consideration at any subsequent electrical power plant site certification proceedings. It is recognized that 10-year site plans submitted by an electric utility are tentative information for planning purposes only and may be amended at any time at the discretion of the utility upon written notification to the commission. A complete application for certification of an electrical power plant site under chapter 403, when such site is not designated in the current 10-year site plan of the applicant, shall constitute an amendment to the 10-year site plan. In its preliminary study of each 10-year site plan, the commission shall consider such plan as a planning document and shall review:

(a)  The need, including the need as determined by the commission, for electrical power in the area to be served.

(b)  The anticipated environmental impact of each proposed electrical power plant site.

(c)  Possible alternatives to the proposed plan.

(d)  The views of appropriate local, state, and federal agencies, including the views of the appropriate water management district as to the availability of water and its recommendation as to the use by the proposed plant of salt water or fresh water for cooling purposes.

(e)  The extent to which the plan is consistent with the state comprehensive plan.

(f)  The plan with respect to the information of the state on energy availability and consumption.

(3)  In order to enable it to carry out its duties under this section, the commission may, after hearing, establish a study fee which shall not exceed $1,000 for each proposed plan studied.

(4)  The commission may adopt rules governing the method of submitting, processing, and studying the 10-year plans as required by this section.

History.--s. 1, ch 73-33; s. 2, ch. 76-76; s. 77, ch. 79-190; s. 2, ch. 81-167; s. 3, ch. 83-55; s. 41, ch. 94-356; s. 2, ch. 95-328.

Note.--Former ss. 403.505, 23.0191.

186.803  Use of geographic information by governmental entities.--When state agencies, water management districts, regional planning councils, local governments, and other governmental entities use maps, including geographic information maps and other graphic information materials, as the source of data for planning or any other purposes, they must take into account that the accuracy and reliability of such maps and data may be limited by various factors, including the scale of the maps, the timeliness and accuracy of the underlying information, the availability of more accurate site-specific information, and the presence or absence of ground truthing or peer review of the underlying information contained in such maps and other graphic information. This section does not apply to maps adopted pursuant to part II of chapter 163.

History.--s. 9, ch. 96-416.

186.805  Data Bank on Older Floridians.--

(1)  It is the intent of the Legislature to provide for the development, implementation, and maintenance of a Data Bank on Older Floridians in order to assure that accurate data is available for sound planning and decisionmaking by state legislative committees and by local and state agencies when considering matters related to the health, financial conditions, housing, education, transportation, and service needs of the elderly citizens of Florida.

(2)  The Data Bank on Older Floridians shall be operated and maintained by one or more of the private or public institutions of higher education in Florida that operates a program for the study of aging or a center on gerontology. After an assessment of the capacity of the institutions of higher education in the state to operate and maintain the data bank, the Board of Regents, Division of Universities, Department of Education, shall contract for the operation and maintenance of the data bank with the institution or institutions that it determines to be most qualified to perform the functions outlined in this act. In awarding the contract for operating and maintaining the data bank, the board shall consider private as well as public institutions. The initial phase in the establishment of the data bank shall be the development of the planning and evaluation components. Such components shall be formulated consistently with federal and state plans on aging. The functions of the data bank shall include, but not be limited to:

(a)  Making an inventory of information and data about the elderly in Florida, whether available from federal, state, or local sources; obtaining copies of such data; and evaluating the appropriateness and usefulness of the data.

(b)  Determining what additional types of data about the elderly are necessary for state and local program planning and decisionmaking throughout Florida; formulating plans for the acquisition and generation of such data; coordinating with state and local agencies, including the institutions of the State University System, in the acquisition of available information and data; ensuring that state agencies cooperate in providing data; giving special attention to minimizing or eliminating duplication of effort in the collection of data; and providing for the maintenance of all data obtained.

(c)  Providing for the wide dissemination and publication of demographic, economic, health, educational, and social information and data about the elderly in Florida.

(d)  Publishing, at least annually, a report on the changing health, economic, and social status of the elderly in Florida.

(e)  Periodically organizing and conducting conferences to review the planning and policy requirements and the adequacy and implications of information and data assembled and available in the Data Bank on Older Floridians.

History.--ss. 1, 2, ch. 78-293.

Note.--Former s. 23.0193.

186.901  Population census determination.--

(1)  The Executive Office of the Governor, either through its own resources or by contract, shall produce population estimates of local governmental units as of April 1 of each year, utilizing accepted statistical practices. The population of local governments, as determined by the Executive Office of the Governor, shall apply to any revenue-sharing formula with local governments under the provisions of ss. 218.20-218.26, part II of chapter 218. For municipal annexations or consolidations occurring during the period April 1 through February 28, the Executive Office of the Governor shall determine the population count of the annexed areas as of April 1 and include such in its certification to the Department of Revenue for the annual revenue-sharing calculation.

(2)(a)  Population shall be computed as the number of residents, employing the same general guidelines used by the United States Bureau of the Census.

(b)  For the purpose of revenue-sharing distribution formulas and distribution proportions for the local government half-cent sales tax, inmates and patients residing in institutions operated by the Federal Government, the Department of Corrections, the Department of Health, or the Department of Children and Family Services shall not be considered to be residents of the governmental unit in which the institutions are located.

(c)  Nothing herein shall be construed to prohibit the separate determination of any categories of persons, whether resident or nonresident.

(3)  In cases of annexation or consolidation, local governments shall be required to submit to the Executive Office of the Governor, within 30 days following annexation or consolidation, a statement as to the population census effect of the action.

(4)  Estimates of inmates and patients pursuant to paragraph (2)(b) shall be separately stated in population reports issued pursuant to this section.

History.--s. 3, ch. 72-360; s. 1, ch. 75-93; s. 1, ch. 77-174; s. 1, ch. 78-209; s. 76, ch. 79-190; s. 11, ch. 82-154; s. 2, ch. 83-299; s. 16, ch. 99-8.

Note.--Former s. 23.019.