Gen, New 2021 Flashcards

1
Q

What are the general responsibilties of LG, re: growth & development, under FS 163.3167.

A
GENERAL
-----------
Plan for your future growth + development
Adopt & amend CPs & LDRs
Adopt Capital Improvement Element
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2
Q

Owner options w/ old Dev Order - 163.3167 (Amended 2021)

A

May elect to abandon & develop according to muni’s current CP so long as:
1. The vested DUI (density, uses, & intensity) are consistent w/ the muni’s CP and
2. Obligs in Dev Order re: concurrency remain the same.

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3
Q

Fl Interlocal Act (163.01)
2 requirements, re: power sought to be exercised.

A
GENERAL, NEW 2021 -
-----------
LG may exercise jointly
With any other agency, state, or U.S.
Any power which:
a. Agencies share in common
&
b. Each might exercise separately.
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4
Q

Pwrs of 163.01 Creation + Powers of New Entity (Amended 2021)

A

Munis, Counties + SpDs may acquire, own, construct & finance W, WW, etc.
Powers:
1. Not subject to PSC.
2. Can serve inside or outside mbrs.
3. Enjoys all privileges of 125.01 + 166.021.

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5
Q

Limits of 163.01 Creation + Powers of New Entity (Amended 2021)

A

Limits:
1. Consent of existing needed to serve in same area.
2. No ED over existing W or WW
3. If acquire by ED, 10 yrs must elapse before get title.
4. Any limits set forth in Interlocal.

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6
Q

Requirements for small-scale CP amendment
via 163.3187 (Amended 2021)

A

GENERAL, NEW 2021 -

  1. 50 ac or less (up from 10 ac). Rural area of opportunity = 100 ac (up from 20 ac).
  2. Cannot impact an area of critical state concern
  3. Preserves the internal consistency of the overall CP
  4. No substantive change to CP.
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7
Q

Newly Incorp Muni - CP deadlines (Amended 2021)

A

1 year. Create local planning agency.
3 yrs. Adopt CP.

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8
Q

Amendment or cancellation of a Dev agreement via 163.3237 (Amended 2021)

A

O + LG may amend or cancel
• w/o consent of other owners whose property is subj to the Dev agreement
UNLESS
• It directly modifies the allowable uses or entitlements of such owners’ property.

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9
Q

DOT’s acq, lease, disposal of Real Prop + Pers Prop via 337.25 & LG’s rt of first refusal
(FS 337.25 Amended 2021)

A

LG does not have rt of first refusal.

DOT must give prior O rt of 1st refusal (b/4 giving to LG) via certified mail or hand deliver, effective upon receipt.
A. 30 days to exercise.
B. 90 days to close

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10
Q

Limit on DOT rt of 1st refusal to prior O

A

Not req’d for property acquired more than 10 yrs before date of disposal.

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11
Q

How amend order for DRI?
Dev Agmts b/w State, LG + Dev amendments via 380.06(4)(d)

(Amended 2021)

A

Amend pursuant to LG process for amending development orders.

Applies to all Ks and amendments effective on or after 4/6/2018.

Important State Interest.

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12
Q

Code Inspector Limits (Amended 2021)

A

Code inspec may not investigate anonymous complaint.
1. Rptr name and address.
2. Unless Code Inspec believes imminent threat to public H, S, W or imminent destruction of habitat or sensitive resources.

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13
Q

Newly incorporated muni - What must it’s new CP do about existing development orders?

A

CP effective after 1/1/2016 (used to be 2019) &
All LDRs adopted to implement the CP must not impair existing Dev. Ords:
A. Incorp them;
B. Vest the density & intensity of them; &
C. Not impair the completion of development in accord w/ them.

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14
Q

What is the requirement for DRI order amendment to allow exchange of approved uses?
(Amended 2021)

A

Subject to demonstrating the exchange will not increase impacts to public facilities.

Applies to all Ks and amendments effective on or after 4/6/2018.

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