Florida Senate - 2010                                    SB 1942
       
       
       
       By Senator Smith
       
       
       
       
       29-01492-10                                           20101942__
    1                        A bill to be entitled                      
    2         An act relating to public participation plans;
    3         creating s. 163.31815, F.S.; providing legislative
    4         findings and intent; requiring applications for
    5         comprehensive plan amendments or development orders to
    6         include a public participation plan; specifying a
    7         required time for implementation of the plan;
    8         specifying plan purposes; specifying required plan
    9         information; specifying requirements for a target area
   10         for notification; specifying that certain notice
   11         requirements are in addition to other notice
   12         requirements of law; providing applicant authority for
   13         plan implementation; requiring applicants to provide a
   14         written report of public participation efforts;
   15         specifying report requirements; providing requirements
   16         to be incorporated into certain local government
   17         ordinances; providing for continuing effect of certain
   18         local government ordinances; providing an effective
   19         date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 163.31815, Florida Statutes, is created
   24  to read:
   25         163.31815 Public participation plans required for local
   26  government comprehensive planning and development order
   27  applications.—
   28         (1) The Legislature finds that:
   29         (a) Public participation in planning and land use decisions
   30  is a critical component of growth management.
   31         (b) Members of the public are increasingly frustrated over
   32  both perceived and real obstacles to meaningful involvement in
   33  the decisionmaking process for land use and comprehensive
   34  planning matters.
   35         (c) Public frustration is evidenced by various proposed
   36  constitutional and local government charter campaigns that offer
   37  draconian, reactive, and polarizing solutions rather than
   38  bringing communities together to achieve progressive planning
   39  objectives.
   40         (d) Applicants for plan amendments and development orders
   41  are increasingly frustrated by the spread of misinformation and
   42  inflammatory campaigns against new developments, causing
   43  unnecessary delay and driving up costs.
   44         (2) It is the intent of the Legislature that the
   45  municipalities and counties of this state balance the competing
   46  interests of all community constituents in a manner that is
   47  open, fair to all parties, cost-effective, and consistent with
   48  the local government’s overall community planning objectives and
   49  this part. It is the intent of the Legislature to require
   50  applicants for plan amendments and development orders to engage
   51  the public before an official application is filed in order to
   52  increase opportunities for meaningful public participation early
   53  in the process, eliminate misinformation, minimize polarization
   54  and conflict, and provide a mechanism for early and more cost
   55  effective conflict resolution.
   56         (3) Every application for a comprehensive plan amendment or
   57  development order must include a public participation plan that
   58  must be implemented prior to the initial public hearing by the
   59  local government on the development order or plan amendment.
   60         (a) The purpose of the public participation plan is to:
   61         1. Ensure that applicants pursue early and effective
   62  citizen participation in conjunction with their applications,
   63  giving applicants the opportunity to understand and mitigate any
   64  real or perceived impacts their application may have on the
   65  community.
   66         2. Ensure that the citizens or property owners in a
   67  community have an adequate opportunity to learn about
   68  applications that may affect them and to work with applicants to
   69  resolve concerns at an early stage of the process.
   70         3. Facilitate ongoing communication between the applicant,
   71  interested residents and property owners, local government
   72  staff, and elected officials throughout the application review
   73  process.
   74         (b) The public participation plan need not produce complete
   75  consensus on all applications or create new substantive rights
   76  for any person, but is intended to encourage applicants and
   77  citizens to be good neighbors and to allow for informed
   78  decisionmaking.
   79         (c) At a minimum, the public participation plan shall
   80  include the following information:
   81         1. Which residents, property owners, interested parties,
   82  political jurisdictions, and public agencies may be affected by
   83  the application.
   84         2. How those interested in and potentially affected by an
   85  application will be notified that an application has been made.
   86         3. How those interested in and parties potentially affected
   87  by the change will be informed of the substance of the amendment
   88  or development proposed by the application.
   89         4. How those affected or otherwise interested will be
   90  provided an opportunity to discuss the applicant’s proposal with
   91  the applicant and express any concerns, issues, or problems they
   92  may have with the proposal in advance of the public hearing.
   93         5. The applicant’s schedule for completion of the public
   94  participation plan.
   95         6. How the applicant will keep the local government
   96  informed on the status of the applicant’s public participation
   97  efforts.
   98         (d) The level of public interest and area of involvement
   99  may vary depending on the nature of the application and the
  100  location of the site. The target area for early notification may
  101  be determined by the applicant after consultation with the local
  102  government. At a minimum, the target area shall include the
  103  following:
  104         1. Property owners within any public hearing notice area
  105  required by local ordinance.
  106         2. The head of any homeowners’ association or registered
  107  neighborhood association within any public notice area that may
  108  be required by local ordinance.
  109         3. Other interested parties who have requested that they be
  110  placed on an interested parties notification list that may be
  111  maintained by the local government.
  112         (e) The requirements of this subsection are in addition to
  113  any notice provisions required by law.
  114         (f) The applicant may submit a public participation plan
  115  and begin implementation prior to formal application at the
  116  applicant’s discretion but not until after the required
  117  preapplication meeting and consultation with the local
  118  government.
  119         (4) The applicant shall provide a written report on the
  120  results of its public participation effort prior to the notice
  121  of the initial public hearing on the plan amendment or
  122  development order. This report shall be attached to the local
  123  government staff’s report on the application. At a minimum, the
  124  public participation report shall include the following
  125  information:
  126         (a) Details of techniques the applicant used to involve the
  127  public, including:
  128         1. Dates and locations of all meetings where members of the
  129  public were invited to discuss the applicant’s proposal.
  130         2. Content, dates mailed, and numbers of mailings,
  131  including letters, meeting notices, newsletters, and other
  132  publications.
  133         3. Where residents, property owners, and interested parties
  134  receiving notices, newsletters, or other written materials are
  135  located.
  136         4. The number of people that participated in the process.
  137         (b) A summary of concerns, issues, and problems expressed
  138  during the process, including:
  139         1. The substance of the concerns, issues, and problems.
  140         2. How the applicant has addressed or intends to address
  141  concerns, issues, and problems expressed during the process.
  142         3. Concerns, issues, and problems the applicant is
  143  unwilling or unable to address and why.
  144         (5) The requirements of this section are minimum criteria
  145  for public participation on development orders and plan
  146  amendment applications and shall be incorporated into local
  147  government land development regulations. A local government
  148  public participation ordinance adopted on or prior to the
  149  effective date of this section shall remain in effect until such
  150  ordinance is amended or modified consistent with this section.
  151         Section 2. This act shall take effect upon becoming a law.