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.