HB 733

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

CODING: Words stricken are deletions; words underlined are additions.