Florida Special District Handbook Online
Section 1 - 6: Comprehensive Planning and Public Facilities Reporting
Comprehensive Planning
An intent of the Uniform Special District Accountability Act of 1989 is to improve local government comprehensive planning while not:
- creating or altering the respective rights of local general-purpose governments or special districts to provide public facilities or services to a particular geographic area or location
- altering or affecting the police powers of any local government or the authority or requirements under Chapter 163, Florida Statutes - Intergovernmental Programs
The requirements below apply to special districts as they relate to their activities:
- Construction or expansion of a public facility, or major alteration
which affects the quantity or quality of the level of service of a public
facility, which is undertaken or initiated by a special district or through
some other entity must be consistent with the applicable local government
comprehensive plan. However, the local government comprehensive plan shall
not:
- Require an independent special district to construct, expand, or perform a major alteration of any public facility; or
- Require any special district to construct, expand, or perform a major alteration of any public facility which would result in an impairment of covenants and agreements relating to bonds validated or issued by the special district
- When a local general-purpose government has issued a development order which approves the construction of public facilities or has issued a development order pursuant to Chapter 380, Florida Statutes - Land and Water Management, the local general-purpose government shall not use the comprehensive planning requirements of the Uniform Special District Accountability Act of 1989 to limit or modify the right of an independent special district to construct, modify, operate, or maintain public facilities authorized by the development order
Exceptions
- Water Management Districts created under Section 373.069, Florida Statutes - Creation of water management districts
- Regional Water Supply Authorities created under Section 373.1962, Florida Statutes - Regional water supply authorities
- Spoil disposal sites owned or used by the Federal Government
- Additionally, ports listed in Section 403.021, Florida Statutes - Legislative declaration; public policy, Paragraph (9)(b), which operate in compliance with a port master plan that has been incorporated into the appropriate local government comprehensive plan, are deemed to be in compliance with the comprehensive planning requirements of the Uniform Special District Accountability Act of 1989
Public Facilities Reporting
The Local Government Comprehensive Planning and Land Development Regulation Act requires local general-purpose governments to develop comprehensive plans and revise them as necessary. This process requires that they know about the public facilities owned or operated by independent special districts.
Consequently, Florida developed a policy to foster coordination between independent special districts and local general-purpose governments. This requires each independent special district to comply with the Public Facilities Initial Report, the Public Facilities Annual Notice of Any Changes, and the Public Facilities Updated Report.
Public Facilities Initial Report
Within one year after creation, certain independent special districts must submit this report to each local general-purpose government in which it is located. This report describes all of the existing public facilities the special district owns or operates, including those that the special district leases to other entities, besides local general-purpose governments. The description of each public facility must include the following:
- Current capacity
- Current demands placed upon the public facility
- Location
In addition, any proposed construction of a public facility within the next five years must be identified and details provided. If a special district has not submitted an initial public facilities report to the appropriate local general-purpose government, it should do so right away so the local general-purpose government can update its records.
Exceptions
- If a special district has created a plan of reclamation pursuant to a general law or special act, including, but not limited to, a plan prepared pursuant to Chapter 298, Florida Statutes - Drainage and Water Control, which complies with these requirements, then that plan satisfies the requirements for a Public Facilities Initial Report
- If a Community Development District has adopted a water management and control plan pursuant to Section 190.013, Florida Statutes - Water management and control plan, and that plan complies with these requirements, then that plan satisfies the requirements for a Public Facilities Initial Report
- The Reedy Creek Improvement District is not required to provide a Public Facilities Initial Report
- Deepwater ports listed inSection 403.021, Florida Statutes - Legislative declaration; public policy, Paragraph (9)(b), must satisfy the requirements of the Public Facilities Initial Report by submitting to the appropriate local general-purpose government, a comprehensive master plan pursuant to Section 163.3178, Florida Statutes - Coastal management, Paragraph (2)(k)
Public Facilities Annual Notice of Any Changes
Annually, after submitting the Public Facilities Initial Report, independent special districts must submit a Public Facilities Annual Notice of Any Changes to each local general-purpose government in which it is located. This notice describes changes or updates, if any, that may need to be made to the Public Facilities Initial Report.
Exceptions
- Any special district that has completed its public facilities construction, improvement, or development, and has submitted the Public Facilities Initial Report, does not have to submit the Public Facilities Annual Notice of Any Changes.
Public Facilities Updated Report
Every five years, each independent special district must submit this report to each local general-purpose government in which it is located.
Background
All local general-purpose governments must submit an Evaluation and Appraisal Report to The Department of Community Affairs, Division of Community Planning, and then an updated Evaluation and Appraisal Report every five years, pursuant to the Scheduled Due Dates for Adoption of Evaluation and Appraisal Reports.
Due Date
The Special District Information Program has the responsibility of notifying each independent special district, at least 12 months before its first updated report is due, of the Scheduled Due Dates for Adoption of Evaluation and Appraisal Reports. The first updated report is due to each local general purpose government in which it is located at least 12 months before the local general-purpose government(s) report is due. For example, if the schedule shows that the local general-purpose government's Evaluation and Appraisal Report is due to the Department of Community Affairs by October 1, 2011, the special district's first Public Facilities Updated Report must be submitted to that local general-purpose government by October 1, 2010, and then every five years.
Exceptions
- Any special district that has completed its public facilities construction, improvement, or development, and has submitted the Public Facilities Initial Report, is not required to submit an Updated Public Facilities Report.
The Public Facilities Updated Report must contain a description of the following:
- Updates concerning anything from the Initial Public Facilities Report
- Each public facility the special district is building, improving, or expanding
- Each public facility the special district is proposing to build, improve, or expand within at least the next five years
- Any public facilities that the special district is helping another entity (except a local general-purpose government) build, improve, or expand through a lease or other agreement
- How the special district proposes to finance each public facility
- The anticipated completion time
- The anticipated capacity of and demands on each public facility when completed. If a public facility will be improved or expanded, include existing and anticipated capacity
- If applicable within the next ten years, the date the special district currently proposes to replace any of the public facilities identified above or in the Initial Public Facilities Report
Notes:
- If the building, improving or expanding process requires a Certificate of Need pursuant to Chapter 408, Florida Statutes - Health Care Administration, the special district must decide whether to notify the appropriate local general-purpose government(s) of its plans in this five-year update, or at the time the special district files its letter of intent with the Agency for Health Care Administration pursuant to Section 408.039, Florida Statutes - Review process.
- If the building, improving or expanding process is addressing a development order issued to the developer pursuant to Section 380.06, Florida Statutes - Developments of regional impact, the special district may use the most recent annual report the developer submits pursunt to subsections 15 and 18 if it provides the information required by the Initial Public Facilities Report.
Additional Information
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