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Florida
has a wide variety of regional entities. Each system has different
divisions and districts, and each is unique. Together, they seem
to criss-cross and overlap in a confusing tangle of bureaucracy.
As an example, the state is divided into:
¡¤ 11 regional
planning councils, which are basically think tanks with locally
elected governing boards. They focus on education, transportation,
and some social services (affordable housing)
¡¤ 26 or so metropolitan planning organizations, which
are typically county-based and focused on issues like traffic.
¡¤ 5 water management districts (single-purpose).
¡¤ Other types include economic development districts,
national estuary programs, etc¡¦
The current debate is
on what the best direction should be, whether it should be a top-down
approach (mandated by the state), or bottom-up one (trusting the
local municipality to act accordingly). Rarely is there agreement.
The result is a state whose internal regional boundaries overlap
each area in different and confusing patterns. Each regional planning
council has a different focus (i.e. the panhandle's focus is on
weekend tourism from Alabama and Georgia as well as agriculture,
Southeast Florida's is on serving as the gateway to the Caribbean,
etc¡¦)
The only commonality
among the regional planning councils is that all of them coordinate
reviews, all of them review the local comprehensive plans, and they
all review federally funded projects.
Florida has two main
review processes:
1. Development of Regional Impact Review Process = for "big
damage" projects.
2. Local Acts Regional Council Analysis = Environmental Land Management
and Study Commission (ELMS) = for smaller projects. This one has
been gutted by the legislature, and seems to be rather useless,
though I do not know the scope of its powers as of yet.
Outside of these two
processes, the municipalities can still sue each other (usually
on private sector), which keeps the process a little honest.
So, what works in
general? The carrot and stick proverb works here. Transportation
planning works well because the funding is tied into a regional
component -- often in regional planning, the funding has to come
from the local government, which does not have the large funds necessary.
The planning for utilities also works well for the same reason.
The municipalities often need the same utility companies, and it
is easier for them to work together because their goals are shared.
Thus, they acquire the funding because they demonstrate inter-local
government agreements and cooperation. However, there are not that
many carrots.
What does not work
in general? It is very difficult to get local governments to
buy into regional planning because of the fear of losing home rule.
Here the frontier attitude really sets in. An example of this is
the conflict between natural resource management and land-use development,
even if there is not an abundance of protected areas. It is the
old local vs. state/federal battle.
According to Bruce Franklin
, a private sector planner in Sarasota, Florida who works with the
Southwest Regional Planning Council, regional planning works best
with a few localities working together on a common issue like resources
(wildlife, water, estuaries, etc¡¦). As a private planner,
he does not particularly care for the state's establishment of these
regional planning councils. The top-down review of local decision-making
can often be a waste of time for him because the state's comprehensive
plan already stipulates the parameters of action in the locality,
so putting it up for review can often be an exercise in redundancy
and can easily devolve into bureaucratic turf control.
You condition a development:
it's all negotiation between the state and the developer. The top-down
process really amounts to a lot of paperwork.
Powers of the Regional
Planning Council:
Regional planning councils do not preempt local land use authority
and have no regulatory powers. Land use regulatory authority rests
with the Florida Department of Community Affairs, the state land
planning agency, and local governments. As previously described,
the councils do serve a functionary role of review and comment whenever
local government proposes a plan amendment to its local comprehensive
plan.
An example of this is
the Tampa Bay Regional Planning Council. According to information
published by the EPA, like other regional planning councils in Florida,
the Tampa Bay Regional Planning Council is "primarily an advisory
body, unlike the regional water management districts in Florida
that have significant regulatory power." Thus, regulation is
not an available implementation tool for the Council. However, having
been in existence for over 30 years, the Council has established
its legitimacy and, therefore, its opinions and comments have an
influence on shaping commitments of state, regional, and local governments.
The Council is able to implement portions of its Regional Planning
Policy through its review and comment functions that have been established
statutorily.
Ideas:
1) Mamoroneck's action, then, according to the gentleman from the
Southwest Florida Regional Planning Council, would not be binding
in SW Florida. Regional planning councils perform multi-jurisdictional
review, that is, information-based reviews that inform one neighbor
about their options without harming the project too much. According
to a worker from the Southwest Florida Regional Planning Council,
Mamoroneck's legislation would make it an affected party, meaning
that they would be able to challenge New Rochelle's big box plans
because it would affect their transportation. So they could comment
on the other's comprehensive plan and challenge it, setting it before
an administrative hearing officer in Tallahassee.
2) Larchmont needs definite analysis that shows degradation reaching
a certain point. If roadways are affected and they don't meet off-site
road standards, and Larchmont has students, then it could assert
that it is an affected party. And if the property is being rezoned,
that leads to public hearings. There, Larchmont can act as a directly
affected party = it can litigate.
3) Annexation is not an available option since both cities are incorporated,
and annexations are only available in circumstances with unincorporated
areas. One city cannot annex another incorporated city.
An image of Florida's Regional Planning Councils:
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