LEGALNOTES





 1985 Growth Management Legislation -

 Impact on the "Built" Environment
 By J. Michael Huey


During the 1985 Legislative Ses-
 sion, many pertinent issues
 were addressed including growth
 management, medical malprac-
 tice, child care, the drinking age,
 education and the passage of a
 $14.099 billion budget.
 In addition to these issues,
 there were several others that
 hit closer to home to the archi-
 tectural profession such as: the
 establishment of local construc-
 tion regulation boards; the pas-
 sage of the Small and Minority
 Business Assistance Act; the
 funding of two new architec-
 tural schools in Florida, and the
 passage of general rulemaking
 authority legislation for the board
 of Architecture.
 HB 287 Growth Management
 Omnibus Bill
 Regardless of the impact of
 the above issues on each of us as
 citizens and professionals, the
 most far-reaching and long-term
 impact will probably come from
 the passage of House Bill 287, the
 omnibus growth management
 bill. This comprehensive legisla-
 tion deals with local government
 comprehensive plans, coastal
 protection, and developments of
 regional impact.
 Local Government Plans
 The Local Government Compre-
 hensive Planning Act (LGCPA)
 is addressed in the first section
 of the new bill. Under the prior
 law, local governments were re-
 quired to adopt comprehensive
 plans. The state land planning
 agency, referred to as the De-
 partment of Community Affairs
 (DCA), was then authorized to
 review and comment on local
 plans proposed for adoption or
 amendment. The state had no au-
thority, however, to ensure that
necessary changes to a plan were
actually adopted. This lack of
quality control was a chief cause
for criticism of the LGCPA.


 Under the revised law, how-
ever, local governments are
mandated to submit their new
plans to the DCA, within a spec-
ified time frame, for a deter-
mination of compliance. Each
plan is required to contain a new
capital improvements element
for public facilities sewer,
roads, water, parks, hospitals
and schools which sets forth
the principles for construction
or extention of such public facil-
ities, estimated public facility
cost, projected revenue sources
to fund the facilities, timetable
of when facilities are needed and
standards to ensure the avail-
ability and adequacy of facilities.
 Local plans must also contain
a new land use map which shows
the proposed distribution, loca-
tion, and extent of the different
categories of land use. Each cat-
egory shall set forth the type of
use and shall contain specific
standards for the density or in-
tensity of use. The land use map
must also show wetlands, water
wells, rivers and bays.
 Local plans must be updated
at least once every five years
and may be amended only twice
per year. However, amend-
ments due to a development of
regional impact (DRI) are not in-
cluded in the two amendment per
year restriction.
 Local governments must also
adopt land development regula-
tions within one year of submis-
sion of a new local plan. These
new regulations must: contain
subdivision regulations; protect
well fields; regulate drainage,
protect environmentally sensi-
tive land; regulate signage; pro-
vide for open space; ensure safe
and convenient traffic flow and
parking; and provide for public
facilities to serve the proposed
development.
 The issue of citizen's standing
or right to challenge local govern-


ment comprehensive plans was
one of the most controversial is-
sues in passage of the growth
management bill. HB 287 virtu-
ally allows any citizen to chal-
lenge the Department of Com-
munity Affairs' review of a par-
ticular comprehensive plan on
the basis that it is inconsistent
with state standards. This re-
view is not heard in a court of
law, but before an administra-
tive hearing officer, and is ap-
pealable to the Governor and
Cabinet.
 Similarly, citizen's standing
 has been increased in the area of
 a local government land develop-
 ment regulation, with such chal-
 lenges also heard in an adminis-
 trative forum. A local govern-
 ment's ordinance will come before
 the hearing officer with a pre-
 sumption of correctness, and will
 be difficult to overturn. Specific-
 ally excluded from the definition
 of land development regulations
 will be all zonings and rezonings.
 Finally, in reference to specific
 development orders, a citizen's
 right to challenge such action re-
 mains the same the individual
 challenging a development order
 must show a special injury.
 Protection of Florida's Coastline
 The second major area ad-
 dressed in House Bill 287 is the
 issue of coastal protection. Under
 the new law, the Department of
 Natural Resources (DNR) will
 not issue any permit for any
 structure (with few exceptions
 provided) proposed which, based
 on DNR's projection of erosion,
 will be seaward of the "seasonal
 high water line" within thirty
 years after the application date.
 DNR may, however, issue a per-
 mit for the repair or rebuilding of
 a structure if such activity does
 not expand the capacity of the
 original structure seaward of the
thirty-year erosion projection.
Single-family dwellings are ex-


FLORIDA ARCHITECT September/October 1985