Gen, New 2021

Question 1

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

Answer 1

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

Question 2

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

Answer 2

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.

Question 3

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

Answer 3

GENERAL, NEW 2021 -
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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.

Question 4

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

Answer 4

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.

Question 5

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

Answer 5

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.

Question 6

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

Answer 6

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.

Question 7

Newly Incorp Muni - CP deadlines (Amended 2021)

Answer 7

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

Question 8

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

Answer 8

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.

Question 9

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

Answer 9

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

Question 10

Limit on DOT rt of 1st refusal to prior O

Answer 10

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

Question 11

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

(Amended 2021)

Answer 11

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.

Question 12

Code Inspector Limits (Amended 2021)

Answer 12

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.

Question 13

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

Answer 13

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.

Question 14

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

Answer 14

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.