Laserfiche WebLink
Re : Proposed Amendments to FS 180. 02(2) and FS 153 .03 ( 1 ) <br /> Dear Debbie, <br /> At the Legislative Delegation meeting on December 19, 2012, you asked whether our <br /> proposed amendment to FS 180 . 02(2) — which would require county consent before a <br /> municipality may extend utility services outside of municipal boundaries into the <br /> unincorporated county — should apply outside of the urban service area. I am writing to <br /> expand on my answer that consent should be required. <br /> The urban service area is an important planning tool which is established in Florida <br /> through state statutes and local government comprehensive plans . FS 163 .3186(2), which <br /> is part of the Florida Community Planning Act, expressly states that "local governments <br /> are encouraged to apply innovative planning tools, including . . . urban service area <br /> designations . . . . At its most basic level , an urban service area is designated to provide a <br /> clear delineation between urban areas where public infrastructure and public services are <br /> provided, and rural areas where they are not. However, beyond this basic level , the <br /> designation of an urban service area implements many, extremely important policies <br /> which are designed to encourage prudent development, on the one hand, and preservation <br /> of agricultural and rural lands, on the other. These policies include : <br /> • The promotion of residential , commercial and industrial growth in areas where <br /> public infrastructure and public services are available, <br /> • The discouragement of urban sprawl into traditionally non-urban agricultural or <br /> rural areas. The importance of reducing of urban sprawl cannot be overstated in <br /> any discussion about urban service areas . In one Florida statute after another, in <br /> various contexts, the problems created by urban sprawl are addressed. See, e. g. , <br /> FS 163 .2511 (" . . . reduction of future urban sprawl . . . ") ; FS 163 . 3177 ("the <br /> discouragement of urban sprawl", "the future land use element and any <br /> amendment to the future land use element shall discourage the proliferation of <br /> urban sprawl"; " . . . discouraging urban sprawl . . . "; " . . . the expansion and <br /> diversification of these existing centers must be accomplished in a manner that <br /> does not promote urban sprawl into surrounding agricultural and rural areas"; and <br /> " . . . comprehensive plan to include goals, objectives, and policies that provide for <br /> the expansion of rural agricultural industrial centers and discourage urban sprawl <br /> in the surrounding areas"); FS 163 . 3245 ( . . . limiting urban sprawl . . . ") ; FS <br /> 163 . 3246 (""encourage urban infill at appropriate densities and intensities and <br /> separate urban and rural uses and discourage urban sprawl . . . ) ; and FS 1013 . 33 <br /> (" . . . in order to encourage central city redevelopment and the efficient use of <br /> infrastructure and to discourage uncontrolled urban sprawl"), <br /> • The preservation of traditionally non-urban agricultural or rural areas that would <br /> be threatened by development beyond the urban service area, <br />