Interlocal Agreement Creating the Northeast Florida Regional Planning Council v \ •
INTERLOCAL AGREEMENT
CREATING
THE
NORTHEAST FLORIDA REGIONAL PLANNING COUNCIL
(Inclusive of all amendments as of 11/30/89)
INTERLOCAL AGREEMENT
CREATING THE NORTHEAST FLORIDA
REGIONAL PLANNING COUNCIL
THIS AGREEMENT, made and entered into this 1st day of October,
1980, pursuant to authority of Section 160.04, Florida Statutes, by and
between:
BAKER COUNTY
CLAY COUNTY
DUVAL COUNTY
FLAGLER COUNTY
NASSAU COUNTY
PUTNAM COUNTY
and
ST. JOHNS COUNTY
WITNESSETH:
WHEREAS, the Florida Regional Planning Council Act, Chapter 160, Flori-
da Statutes, mandates the creation of a Regional Planning Council in each
of the several comprehensive planning districts of the state; and,
WHEREAS, the Executive Office of the Governor has designated that
Comprehensive Planning District IV shall be comprised of the counties of
Baker, Clay, Duval , Flagler, Nassau, Putnam, and St. Johns; and
WHEREAS, the declared purpose of the Regional Planning Council Act is
to establish a common system of regional planning councils for areawide
coordination and related cooperative activities of federal , state and local
governments and ensure a broad-based regional organization t-at can provide
a truly regional perspective enhancing the ability and oppor:unity of local
governments to resolve issues and problems transcending their individual
boundaries; and
WHEREAS, it is the desire of the parties hereto to establish a region-
al planning council to serve in an advisory capacity to the constituent
local governments in regional , metropolitan, county and municipal planning
matters; and,
WHEREAS, the parties hereto desire to make the most efficient use of
their powers to cooperate for mutual advantage in conducting the comprehen-
sive regional planning process for the area within this comprehensive plan-
ning region; and,
WHEREAS, the Executive Office of the Governor of the State of Florida
is required by Part I of Chapter 23, Florida Statutes, to integrate the
services and plans of local governments and regional planning agencies _into
the State planning process through the extent feasible; and,
WHEREAS, the Local Government Comprehensive Planning Act of 1975,
Section 163.3184(3) of the Florida Statutes assigns to regional planning
agencies the responsibility to determine the relationship and effect of a
local government' s plan or element thereof to or on any regional comprehen-
sive plan; and,
WHEREAS, the Environmental Land and Water Management Act, Chapter 380,
Florida Statutes, assigns to regional planning agencies the duty to study,
review and make recommendations concerning "areas of critical state con-
cern" and "developments of regional impact; " and,
WHEREAS, the Office of Management and Budget, Executive Office of the
President, designates the comprehensive regional planning agencies as
areawide clearinghouses responsible for review and coordination regarding
certain Federal programs.
NOW, THEREFORE, for and in consideration of mutual promises, cove-
nants, benefits to accrue from conduct of a comprehensive regional planning
process, and agreements herein contained and set forth, the member govern-
ments do hereby establish, pursuant to the authority of Section 160.04,
Florida Statutes, the Northeast Florida Regional Planning Council located
in Comprehensive Planning District IV consisting of the counties of Baker,
Clay, Duval , Flagler, Nassau, Putnam and St. Johns, hereinafter referred to
as the COUNCIL, a separate legal entity, and do further delegate such pow-
ers as are specified herein and agree as follows:
1. Purpose. The purposes of this agreement are:
(a) To provide local governments with a means of exercising the
rights, duties and powers of a regioTial planning council as defined in
Chapter 160 and Section 403.723, Florida Statutes, and of a regional plan-
ning agency as defined in Chapter 23, Chapter 163, and Chapter 380, Florida
Statutes, as amended, including those functions enumerated herein above by
legislative finding and declarations of Chapter 160, Florida Statutes and
other applicable federal , state and local laws:-
(b) To provide a means for conducting the comprehensive regional
planning process.
(c) To provide regional coordination for local governments in
the Northeast Florida region.
(d) To act in an advisory capacity to exchange, interchange, and
review the various programs referred to it which are of regional concern.
(e) To promote communication among local Governments in the
region and the identification and resolution cf commcn regional-scale prob-
lems.
(f) To cooperate with Federal , State, local and non-governmental
agencies and citizens to insure the orderly and harmonious coordination of
Federal , State and local planning and development programs in order to
insure the orderly, and balanced growth and development of this region,
consistent with the protection of the natural resources and environment of
the region, and to promote safety, welfare and to enhance the quality of
life of the residents of the region.
(g) To encourage and promote communications between neighboring
regional planning districts in an attempt to insure compatibility in devel-
opment and long-range planning goals.
(h) To establish an organization that will promote areawide
coordination and related cooperative activities of federal, state and local
governments ensuring a broad-based regional organization that can provide a
truly regional perspective and enhance the ability and opportunity of local
governments to resolve issues and problems transcending their individual
boundaries.
(i) To establish an organization to review Developments of Re-
gional Impact, Florida Quality Developments, and other developments defined
in Chapter 380, Florida Statutes, which will collect review fees and make
recommendations to the local government(s) of jurisdiction for application
approval/disapproval in order to insure that quality development within the
region is consistent with the adopted Comprehensive Regional Policy Plan
and Local Government Comprehensive Plans.
(j) To establish an organization to review, at the request of a
local government, development proposals which are not subject to the review
requirements of Developments of Regional Impact, Florida Quality Develop-
ment, and other developments that are or will be defined in Cha::er 380,
Florida Statutes, which will collect review fees and make recommendations
to the local government(s) of jurisdiction for application approv-
al/disapproval in order to insure that quality development within the re-
gion is consistent with the adopted Comprehensive Regional Policy Plan and
Local Government Comprehensive Plans.
2. Definitions.
(a) Appointed Representative - policy board member of the Coun-
cil .
(b) Comprehensive Planning Districts - the geographic areas
within the state specified by rule by the Executive Office of the Governor
pursuant to Section 23.0115.
(c) Comprehensive Regional Policy Plan - a long-range guide for
the physical , economic, and social development of the region which identi-
fies regional goals and objectives and opportunities as embodied in the
policies of the Council .
(d) Contribution - any monies received by the Council from a
member government or otherwise.
(e) Council - the Northeast Florida Regional Planning Council .
(f) Elected Official - a member of the governing body of a munic-
ipality or county or a county elected official chosen by the governing body.
(g) Federal or Federal Government - the government of the United
States or any department, commission, agency or other instrumentalities
thereof.
(h) Governing body - the Board of County Commissioners or City
Council of any member government.
(i) Local General purpose government - any municipality or coun-
ty created pursuant to the authority granted under ss. 1 and 2, Article
VIII of the State Constitution.
(j) Member Government - any county within the Northeast Florida
Comprehensive Planning District which is a signatory to this interlocal
agreement.
(k) Participating Member Unit - any incorporated municipality or
group of municipalities located within a member government.
(1 ) Actual cost - for the purposes of project review actual cost
shall be calculated on the basis of reasonably anticipated expenses related
to a project review and monitoring, shall include but not be limited to,
the cost of staff and other associated direct and indirect cost.
(m) Developments of Regional Impact - A development is defined
to be a development of regional impact based upon the criteria in Chapter
380, Florida Statutes and Chapter 28-24, Florida Administrative Code.
(n) Florida Quality Development - A development is defined to be
a Florida Quality Development based upon the criteria in Chapter 380.061,
Florida Statutes and Chapter 28-24, Florida Administrative Code.
(o) Other developments defined in Chapter 380, Florida Statutes-
other types of development as is or may be defined by the criteria in Chap-
ter 380, Florida Statutes, and Chapter 28-24, Florida Administrative Code,
requiring review by the Northeast Florida Regional Planning Council .
3. Effective Date, Duration, Amendment, Withdrawal and Termination.
(a) The effective date of the COUNCIL shall be upon execution of
this interlocal agreement by member governments.
(b) This agreement shall continue in effect until terminated as
provided in Section 3.e.
(c) Any amendment to this agreement shall be in writing and set
forth an effective date. To put into effect any amendment, each member
government shall adopt by a majority vote of its governing body a resolu-
tion authorizing its chairman or chief elected official to execute the
amendment.
(d) Any member government hereto may withdraw its membership by
resolution duly adopted by its governing body, and upon giving written
notice of withdrawal to the Council and the Chairman or chief elected offi-
cial of the governing body of each member government, without the effect of
terminating this agreement. The withdrawal shall only be effective at the
close of terminating this agreement. The withdrawal shall only be effec-
tive at the close of the fiscal year (September 30), with all funding and
contractual obligations of the withdrawing member government continuing
until that date. All property, real or personal , of the COUNCIL on the
effective date of such withdrawal shall remain the property of the COUNCIL
and the withdrawing member governments shall have no rights thereto.
(e) This agreement may be terminated by resolution duly adopted
by the governing body of all member governments. The effective termination
date shall be after the date of said resolution unless contractual obliga-
tions would require a later termination date.
(f) In the event there is a complete termination of this agree-
ment, as provided for in Section 3.e. , which would involve the disposition
of the property of the COUNCIL, such property shall be liquidated and each
member government shall be entitled to a share of the proceeds bearing the
,
same ration to the total proceeds as the contribution of that member govern-
ment.
(g) Further, in the case of a complete termination of this agree-
ment, the non-Federal matching contribution required to match any approved
Federal or State grant shall be submitted to the appropriate agency. Howev-
er, the preceding notwithstanding, if the program may be canceled or termi-
nated early, then it shall be distributed and any excess matching funds
contributed by the COUNCIL shall be distributed, to each member government.
4. Membership, Voting and Term.
(a) Each member government shall have four (4) appointed repre-
sentatives of which at least (3) shall be locally appointed representa-
tives, including, two (2) of which shall be elected representatives of the
governing body of each of the member governments; however, each member
government shall have the option of appointing a person who resides within
the boundaries of the member government to represent one of the positions
who is not an elected representative of the governing body of that member
government nor compensated by that governing body; one (1) of which shall
be an elected municipal representative of a participating member unit from
each member government; however, each municipality which is represented
shall have the option of recommending a person who resides within the bound-
aries of the municipality to represent them who is not an elected municipal
representative. No less than one (1) additional representative from each
member government who shall be a gubernatorial appointee, pursuant to Sec-
t-!on 186.504 Florida Statutes. The total number of appointed representa-
t=ves on the COUNCIL shall be thirty-one (31) inclusive of the ten (10)
cJbernatorial appointees.
(b) Municipal representatives from the participating member
units shall be appointed by the governing body of the member government.
The municipal representative shall be selected appointed from among the
recommendations provided by the governing bodies of each municipality mak-
ing such recommendation. In any event, the appointment of the municipal
representative from each member government shall be at the sole discretion
of the governing body of the member government.
(c) The Governor of the State of Florida shall appoint a maximus
of ten (10) voting members. Each member government in the region shall
have at least one (1) representative appointed by the Governor.
(d) The names of all of the appointed representatives shall be
recorded in the COUNCIL minutes.
(f) For the conducting of all business, each appointed represen-
tative shall have an equal vote which shall be one (1) vote for each ap-
pointed representative. In those instances where the COUNCIL may have
under consideration a matter which will impact only one member government
and a vote of the COUNCIL on this matter is needed or required, then a
weighted vote may be taken on the question according to the following proce-
dure:
1. Weighted Vote Procedure - a weighted vote may be invoked when
the majority of the representatives of two (2) or more member govern-
ments request the same before a vote on the subject question is
called. When a weighted vote has been called for, then the procedure
for voting shall be as follows:
Each representative shall have one vote except that the county
which is solely impacted by the subject under consideration shall have
an additional four (4) votes per representative. The total votes
available on a weighted vote question shall then equal forty-four (44)
votes. A majority vote of those present and voting is needed to pass
a weighted vote question. Once a vote on a weighted vote questions
has been taken, then it may be set aside only by two-thirds (2/3) vote
of the member governments wherein each representative of a member
government shall cast one (1) vote only.
(g) The basic term of office for appointed representatives of
the COUNCIL shall be for two (2) years commencing with the October meeting
each year. All representatives shall serve until a replacement is appoint-
ed by the appropriate appointing authority.
5. Officers. The officers of the COUNCIL shall consist of:
(a) A chairman, who shall be responsible for overseeing the
working organization of the COUNCIL, for seeing that all policies of the
COUNCIL are carried out, and for presiding over all COUNCIL meetings. The
chairman or a designated representative shall be ex officio member of all
subsidiary committees and boards.
(b) A vice chairman, who shall preside in the chairman's absence
of inability to act. The vice chairman shall perform such other functions
as the COUNCIL may from time to time assign.
(c) A second vice chairman, who shall preside in the chairman' s
and vice-chairman' s absence or inability to act. The second vice-chairman
shall perform such functions as the COUNCIL may from time to time assign.
(d) A secretary-treasurer, who shall be responsible for minutes
of the meeting, keeping the roll of members, the financial affairs of the
COUNCIL and such other duties as may be assigned.
(e) The original officers shall be elected at the first regular
meeting of the COUNCIL and shall serve until the first annual election
meeting as determined in Section 6.a.
6. Meetings.
(a) The annual election of officers shall be held during the
October meeting in each year.
(b) Regular meetings shall be held on the days and times estab-
lished by the COUNCIL.
(c) Special meetings shall be called by the chairman either
his/her discretion or when he/she is requested by at least three (3) ap-
pointed representatives, none of which may be from the same member govern-
ment; provided adequate notice shall be given to all appointed representa-
tives stating the date, hour and place of the meeting and the purpose for
which such meeting is called, and no other business shall be transacted at
that meeting.
(d) The place and time of each meeting shall be determined by
the membership prior to the adjournment of the previous meeting. In the
absence of such determination, the time and place of the meeting(s) shall
be determined by the chairman.
(e) All meetings of the COUNCIL shall be open to the public.
(f) The secretary-treasurer or his/her nominee, shall keep min-
utes of each meeting and distribute a copy thereof to each member govern-
ment.
7. Finances.
(a) The work year and fiscal year of the COUNCIL shall be the
twelve (12) months beginning the first day of October and ending the thirti-
eth day of September.
(b) On or before July 15 of each year, the COUNCIL shall adopt
an annual budget and certify a copy thereof to the Clerk or authorized
recipient of the governing body of each member government. Each member
government shall contribute such proportionate cash amounts as determined
by the COUNCIL, AND APPROVED BY ITS GOVERNING BODY, that is required to
make up the remainder of the annual budget.
(c) Contributions for each fiscal year shall be payable in in-
stallments as provided by the Rules of the COUNCIL.
(d) Each member government who does not remit the contribution
amounts in accordance with the Rules of the COUNCIL shall lose all voting
privileges until payment is made.
(e) The COUNCIL shall have the right to receive and accept in
furtherance of its function; gifts, grants, assistance funds, bequeaths,
and services from Federal , State and local governments or their agencies
and from private and community sources, and to expend therefrom such sums
of money as shall be deemed necessary from time to time for the attainment
of its objectives in accordance with all applicable laws.
8. Powers. The COUNCIL shall have all powers granted herein in-
cluding:
(a) The powers granted to regional planning councils or regional
planning agencies by Chapter 12, Chapter 160, Section 163.3181(3), Section
403. 723 and Chapter 380, Florida Statutes as now existing or as from time
to time amended.
(b) To adopt rules of procedure for the regulation of its af-
fairs and the conduct of its business, and to appoint from among its mem-
bers a chairman to serve annually, provided that such chairman may be sub-
ject to reelection.
(c) To adopt an official name and seal .
(d) To maintain an office at such place or places within the
comprehensive planning district as it may designate.
(e) To employ and to compensate such personnel , consultants, and
technical and professional assistants as it shall deem necessary to exer-
cise the powers and perform the duties set forth in this act.
(f) To make and enter into all contracts and agreements neces-
sary or incidental to the performance of its duties and the execution of
its powers under this act.
(g) To hold public hearings and sponsor public forums in any
part of the regional area whenever it deems it necessary or useful in the
execution of its other functions.
(h) To sue and be sued in its own name.
(i) To accept and receive, in furtherance of its functions,
funds, grants and services from the Federal Government or its agencies;
from departments, agencies and instrumentalities of state, municipal or
local government; or from private or civic sources. All regional planning
councils shall , no later than January 30 of each year, render an accounting
of the receipt and disbursement of all funds received by them to the Secre-
tary of the Department of Community Affairs. The Secretary of the Depart-
ment of Community Affairs shall consolidate all such reports and submit
such consolidated reports to the Legislature no later than March 1 of each
year. A separate accounting of the receipt and disbursement of funds re-
ceived by each regional planning council pursuant to the Federal Older
Americans Act shall be submitted to the Legislature no later than March 1
of each year.
(j) To receive and expand such sums of money as shall be from
time to time appropriated for its use by any county or municipality where
approved by the council and to act as an agency to receive and to expend
federal funds for planning.
(k) To act in an advisory capacity to the constituent local
governments in regional , metropolitan, county and municipal planning mat-
ters.
-(1 ) To cooperate, in the exercise of its planning functions,
with federal and state agencies in planning disaster preparedness.
(m) To fix and collect membership fees, rents or fees where
appropriate.
(1) Fees for review of application, for development for
Developments of Regional Impact and Florida-Quality Developments will
be subject to the following guidelines. A review fee shall be as-
sessed each applicant prior to the initiation of the Northeast Florida
Regional Planning Council ' s review of an Application for Development
Approval (ADA). The applicant shall pay $5,000 of the review fee
prior to the date of preapplication conference held by the Northeast
Florida Regional Planning Council . This $5,000 portion of the review
fee is non-refundable. No application for development Approval shall
be accepted for review unless accompanied by the remaining amount of
the assessed fee payable to the Northeast Florida Regional Planning
Council (Council ). The remaining portion of the review fee shall be
non-refundable except when the applicant notifies the Northeast Flori-
da Regional Planning Council , in writing, prior to the setting of the
local government Development of Regional Impact hearing for the
project. The applicant shall be refunded that portion of the fee
remaining after prewithdrawal cost incurred by the Northeast Florida
Regional Planning Council and the non-refundable $5,000 fee paid at
the time of the preapplication conference are deducted. No portion of
the fee shall be used by the Northeast Florida Regional Planning Coun-
cil to support the cost associated with an appeal of a Development
Order once the appeal is filed by the Northeast Florida Regional Plan-
ning Council . The schedule for assessing review fees by the Northeast
Florida Regional Planning Council shall be set as follows:
a. Residential Developments as defined in Chapter
28-24, Florida Administrative Code and Chapter 380,
Florida Statutes:
Number of Units Amount of Fee
1 - 199 $ 10 per unit
200 - 1,199 $ 13,000
2,000 - 4,999 $ 17,000
5,000 - 8,999 $ 21,000
9,000 - 13,999 $ 25,000
14,000 - and over $ 2 per unit over 13,999
b. All other developments including: Retail , Wholesale
Commercial Development, Office Development, Industrial
Development, Mining Operations, Hospitals, Schools,
Attraction and Recreation Facilities, Airport expan-
sion, Airports, Petroleum Storage Facilities, And Mari-
nas, as a minimum, see Subparagraph f.
Size Amount of Fee
Criteria set in
28-24, FAC, Part II $12,000
Up to double the DRI
criteria set in 28-24,
FAC, Part II $17,000
Up to triple the DRI
criteria set in 28-24, •
FAC, Part II $21,000
For each threshold
increment over triple
the DRI criteria set
in 28-24, FAC, Part II $ 3,000
c. For an Application for Development Approval which
contains multiple development types as defined in 28-
24, F.A.C. , the fee shall be the aggregate total of the
fees for each separate development type determined by
Subparagraphs a. and b. For development types with
multiple Development of Regional Impact criteria set
forth in 28-24. F.A.C. , for example. gross square,
acreage, and parking spaces, the fee for that component
of the development shall be determined based upon the
criteria which yields the largest size. Where a devel-
opment type of the proposed development does not exceed
any of the criteria set forth in 28-24, F.A.C. , the fee
assessed for that component of the development shall be
based upon the percentage of the threshold achieved
multiplied by fee level set for that development type.
d. An Application for Development Approval submitted
for Downtown/Areawide Developments of Regional Impact,
new airports, new ports or port expansions shall be
assessed a review fee of S75,000.
e. The initial review fee submitted to the Northeast
Florida Regional Planning Council shall not exceed
$100,000.
f. Modifications to projects determined to be substan-
tial deviations shall be assessed a review fee based on
the fees established in Subparagraphs a. , b. . and c.
The fee shall be computed on the basis of the magnitude
of the change with the minimum assessment being $12,000.
g. A maximum review fee of $5,000 shall be assessed
for each increments- plan submitted to the Northeast
Florida Regional Planning Council for review. Such fee
shall be based on the cost incurred by the Northeast
Florida Regional Planning Council when reviewing incre-
mental plans. The incremental plans referred to in
this subparagraph are plans required of projects for
which a development order has been issued. Incremental
plans addressed in this subsection shall include but is
not limited to, resource management plans, literal zone
plans, special traffic studies and other plans similar
in nature. This section does not apply to applications
for incremental Development Approval or Substantial
Deviations which are subject to Subparagraph a. , b. ,
c. , and d.
h. In the event the cost of review exceed the amount
of the fee as stipulated in Subparagraphs a. , b. , c. ,
d. , e. , f. , or g. , the applicant shall be responsible
for reimbursing the Northeast Florida Regional Planning
Council for 80 percent of the cost exceeding the fee.
i . An Application submitted as a Florida Quality Devel-
opment, as defined in Section 380.061, Florida Stat-
utes, shall be subject to the same review fees as pre-
scribed for Developments of Regional Impact as provided
in this agreement.
(2) Fees for review of development proposals requested by
local government shall be subject to the following provisions:
a. Review fees shall be collected from the entity
requesting the land use decision and not from the local
government of jurisdiction.
b. Calculation of the review fee shall be based upon
the criteria contained in Subsection 2.(l) of this
agreement.
c. No review shall be under taken by the Northeast
Florida Regional Planning Council until the fee is
received.
d. Since the development review and approval process
differs airiong local governments specifics of the review
procedure as authorized herein shall be set forth in a
written agreement between the local government of juris-
diction requesting the review and the Northeast Florida
Regional Planning Council .
(n) To acquire, own, hold in custody, operate, maintain, lease
or sell real or personal property.
(o) To dispose of any property acquired through the execution of
an interlocal agreement under s. 163.01.
(p) To accept gifts, grants, assistance, funds or bequests.
(q) To conduct studies of the region' s resources.
(r) To participate with other governmental agencies, educational
institutions, and private organizations in the coordination or conduct of
its activities.
(s) To select and appoint such advisory bodies as the COUNCIL
may find appropriate for the conduct of its activities.
9. Severability.
If any provision of this agreement or the application of such
provision to any person or circumstance shall be invalid, such invalidity
shall not affect other provisions or applications of this agreement which
can be given effeci without the invalid provisions or applications, and to
this end the provisions of this agreement are declared severable.
10. Signatories.
It is expressly understood that the terms and conditions of this
agreement shall be effective between and among those parties signatory
hereto; and that the validity, force and effect of their .agreement shall
not be affected by one or more of the parties named herein not joining in
this agreement, any other provisions of this agreement to the contrary
notwithstanding.
IN WITNESS WHEREOF, the parties have officially adopted and caused
this agreement to be executed and their signature to be affixed by their
respective Chairman or chief official as of the day and year first above
written.
NASSAU COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Chairman
BAKER COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Chairman
DUVAL COUNTY, FLORIDA
BY ITS COUNCIL
Attest:
Mayor City of Jacksonville
Corporation Secretary
CLAY COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Chairman
ST. JOHNS COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Chairman
PUTNAM COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Chairman
FLAGLER COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Chairman