House Staff Analysis: PCS for CS/HB 203 Growth Management (Commerce Committee)
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- Congressional materials
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- 2020 2994 Commerce Committee Proposed Committee Bill Analyses Fn Pcs0203 Com
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- 2020 2994 Commerce Committee Proposed Committee Bill Analyses Fn Pcs0203 Com
Summary
A House of Representatives staff analysis dated February 11, 2020 of the proposed committee substitute for CS/HB 203, Growth Management, sponsored by the Commerce Committee, with SB 410 listed as a similar bill. The analysis states that the bill requires local comprehensive plans to include a property rights element by July 1, 2023, and requires municipal plans effective after January 1, 2019 to incorporate existing development orders. It also describes provisions on amending or canceling development agreements, barring a municipality from annexing area within another municipality's jurisdiction without consent, and allowing certain essentially built out DRI agreements to exchange land uses. It reports no fiscal impact on state government, a possible insignificant impact on local governments, and an effective date of July 1, 2020.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“House Staff Analysis: PCS for CS/HB 203 Growth Management (Commerce Committee).”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-2994-commerce-committee-proposed-committee-bill-analyses-fn-pcs0203-com/
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for CS/HB 203 Growth Management
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS: SB 410
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Commerce Committee Wright Hamon
SUMMARY ANALYSIS
Local governments are required to adopt county or municipal comprehensive plans to manage future growth in
their communities. Local comprehensive plans are required to have nine specific elements, which does not
include a specific property rights element. Plans must be renewed every seven years. Municipal plans
adopted after January 1, 2019, must incorporate development orders existing before the plan’s effective date.
Local governments and developers are authorized to enter into development agreements, which are contracts
that provide the developer with vested rights by freezing the applicable existing zoning regulations in exchange
for public benefits. A development agreement may be amended or canceled by mutual consent of the parties
to the agreement or by their successors in interest.
Procedures for municipal annexation of unincorporated territory and exercise of extra-territorial powers by
municipalities are provided by general or special law. Before local annexation procedures may begin, the
municipal government must prepare a report certifying, among other requirements, that no part of the area to
be annexed falls within the boundary of another incorporated municipality. The Interlocal Service Boundary
Agreement Act authorizes an alternative to these procedures through interlocal agreements, which may
provide an annexation process by securing the consent of residents within the area to be annexed.
Approved developments of regional impact (DRIs) are developments that, because of their character,
magnitude or location, substantially affect the health, safety, or welfare of the citizens of more than one county.
Statutorily required state reviews of DRI agreements were eliminated in 2018, and the responsibility for
overseeing existing DRI agreements was transferred to local governments. The provision related to amending
land uses for essentially built out DRI agreements was also eliminated.
The bill:
requires a local comprehensive plan to have a property rights element which requires the local
government to consider certain private property rights in its decision-making process. Local
governments must adopt this element during their next plan amendment process, or by July 1, 2023.
provides that all municipal comprehensive plans effective after January 1, 2019, must incorporate
development orders existing before the plan’s effective date.
provides that a developer and the local government are authorized to amend or cancel a development
agreement without securing the consent of other parcel owners of property, unless such amendment or
cancellation directly modifies the uses or entitlements of an owner’s property.
prohibits a municipality from annexing area within another municipality’s jurisdiction without the other
municipality’s consent, unless an interlocal agreement to the contrary is in effect.
allows existing DRI agreements that are classified as essentially built out and were valid on or before
April 6, 2018, to exchange land uses under certain circumstances.
The bill does not have a fiscal impact on state government and may have an insignificant fiscal impact on local
governments.
The bill has an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Local Comprehensive Plans
Private Property Rights
The “Bert Harris Jr., Private Property Rights Protection Act” (Harris Act) entitles private property owners
to relief when a specific action of a governmental entity inordinately burdens the owner’s existing use,
or a vested right to a specific use, of real property.1 The Harris Act recognizes that the inordinate
burden, restriction, or limitation on private property rights as applied may fall short of a taking under the
State Constitution or the U.S. Constitution and establishes a separate and distinct cause of action for
relief, or payment of compensation, when a new law, rule, or ordinance of the state or a political entity
in the state, unfairly affects real property.2 The Harris Act applies generally to state and local
governments but not to the U.S. government, federal agencies, or state or local government entities
exercising formally delegated U.S. or federal agency powers.3
In addition to action inordinately burdening a property right, an owner may seek relief when a state or
local governmental entity imposes a condition on the proposed use of the real property that amounts to
a prohibited exaction.4 A prohibited exaction occurs when an imposed condition lacks an essential
nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed
use that the governmental entity seeks to avoid, minimize, or mitigate.5
The “Florida Land Use and Environmental Dispute Resolution Act” (Land Use Act) allows a landowner
to request relief from a government entity’s development order or enforcement action when the order or
action is unreasonable or unfairly burdens the use of the owner’s real property.6 Parties in pending
judicial proceedings may also use the dispute resolution process outlined in the Land Use Act if all
parties agree and the court approves.7
State and Local Comprehensive Plans
Laws protecting private property rights are balanced against the state’s need to effectively and
efficiently plan, coordinate, and deliver government services amid the state’s continued growth and
development.8 The State Comprehensive Plan provides long-range policy guidance for the orderly
social, economic, and physical growth of the state,9 which must be consistent with the protection of
private property rights.10 Local governments are required to adopt local comprehensive plans to
manage the future growth of their communities under the Community Planning Act.11
Adopted in 1985, the Local Government Comprehensive Planning and Land Development Regulation
Act, also known as Florida’s Growth Management Act, was significantly revised in 2011, becoming the
Community Planning Act.12 The Community Planning Act governs how local governments create and
adopt their local comprehensive plans. The Legislature intended for all governmental entities in the
state to recognize and respect judicially acknowledged or constitutionally protected private property
1 S. 70.001(2), F.S.
2 S. 70.001(1), F.S.
3 S. 70.001(3)(c), F.S.
4 S. 70.45(2), F.S.
5 S. 70.45(1)(c), F.S.
6 S. 70.51(3), F.S.
7 S. 70.51(29), F.S.
8 See s. 186.002(1)(b), F.S.
9 S. 187.101(1), F.S.
10 S. 187.101(3), F.S. The plan’s goals and policies must also be reasonably applied where they are economically and environmentally
feasible and not contrary to the public interest.
12 See ch. 2011-139, s. 17, L.O.F.
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rights.13 Authority under the Community Planning Act must be exercised with sensitivity for private
property rights, without undue restriction, and leave property owners free from actions by others that
would harm their property or constitute an inordinate burden on property rights under the Harris Act.14
Local Comprehensive Plan Elements
Local comprehensive plans must include principles, guidelines, standards, and strategies for the
orderly and balanced future land development of the area and reflect community commitments to
implement the plan.15 Plans also are required to identify procedures for monitoring, evaluating, and
appraising implementation of the plan.16 Plans may include optional elements,17 but must include the
following nine elements:
Capital improvements;18
Future land use plan;19
Intergovernmental coordination;20
Conservation;21
Transportation;22
Sanitary sewer, solid waste, drainage, potable water, and aquifer recharge;23
Recreation and open space;24
Housing;25 and
Coastal management (for coastal local governments).26
Counties and municipalities may employ individual comprehensive plans or joint plans if both entities
agree. Counties and municipalities may also coordinate plans in any combined manner that aligns with
their common interests.27 A county plan controls in a municipality until a municipal comprehensive plan
is adopted. New municipalities must adopt a comprehensive plan within three years after the date of
incorporation.28
Amendments to a Local Comprehensive Plan
Local governments must review and amend their comprehensive plans every seven years to reflect any
changes in state requirements.29 Within a year of any such amendments, local governments must
adopt or amend local land use regulations consistent with the amended plan.30 A local government is
not required to review its comprehensive plan before its regular review period unless the law
specifically requires otherwise.31
Generally, a local government amending its comprehensive plan must follow an expedited state review
process.32 Certain plan amendments, including amendments required to reflect a change in state
requirements, must follow the state coordinated review process for the adoption of comprehensive
13 S. 163.3161(10), F.S.
14 S. 163.3161(10), F.S.
15 S. 163.3177(1), F.S.
16 S. 163.3177(1)(d), F.S.
17 S. 163.3177(1)(a), F.S.
18 S. 163.3177(3)(a), F.S. The capital improvements element must be reviewed by the local government on an annual basis.
19 S. 163.3177(6)(a), F.S.
20 S. 163.3177(6)(h), F.S.
21 S. 163.3177(6)(d), F.S.
22 S. 163.3177(6)(b), F.S.
23 S. 163.3177(6)(c), F.S.
24 S. 163.3177(6)(e), F.S.
25 S. 163.3177(6)(f), F.S.
26 S. 163.3177(6)(g), F.S.
27 S. 163.3167(1), F.S.
28 S. 163.3167(3), F.S.
29 S. 163.3191, F.S.
30 S. 163.3203, F.S.
31 S. 163.3161(12), F.S.
32 S. 163.3184(3)(a), F.S.
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plans.33 Under the state process, the state land planning agency is responsible for plan review,
coordination, and preparing and transmitting comments to the local government.34 The Department of
Economic Opportunity (DEO) is designated as the state land planning agency.35
Under the state coordinated review process, local governments must hold a properly noticed public
hearing36 about the proposed amendment before sending it for comment from several reviewing
agencies, including DEO, the Department of Environmental Protection, the appropriate regional
planning council, and the Department of State.37 Local governments or government agencies within the
state filing a written request with the governing body are also entitled to copies of the amendment.38
Comments on the amendment must be received within 30 days after DEO receives the proposed plan
amendment.39
DEO must provide a written report within 60 days of receipt of the proposed amendment if it elects to
review the amendment.40 The report must state the agency’s objections, recommendations, and
comments with certain specificity, and must be based on written, not oral, comments.41 Within 180 days
of receiving the report from DEO, the local government must review the report and any written
comments and hold a second properly noticed public hearing on the adoption of the amendment.42
Adopted plan amendments must be sent to DEO and any agency or government that provided timely
comments within 10 working days after the hearing.43
Once DEO receives the adopted amendment and determines it is complete, it has 45 days to
determine if the adopted plan amendment complies with the law44 and to issue on its website a notice
of intent finding whether or not the amendment is compliant.45 A compliance review is limited to the
findings identified in DEO’s original report unless the adopted amendment is substantially different from
the reviewed amendment.46 Unless the local comprehensive plan amendment is challenged, it takes
effect pursuant to the notice of intent.47 If there is a timely-filed challenge, then the plan amendment will
not take effect until DEO or the Administration Commission enters a final order determining the adopted
amendment is in compliance with the law.48
Requirements for Local Land Development Regulations and Comprehensive Plans
Section 163.3202(2), F.S., outlines the minimum provisions that counties and municipalities should
include in their local government land development regulations. These provisions include:
Regulating the subdivision of land;
Regulating the use of land and water;
Providing for protection of potable water wellfields;
Regulating areas subject to seasonal and periodic flooding and provide for drainage and
stormwater management;
Ensuring the protection of environmentally sensitive lands designated in the comprehensive
plan;
33 S. 163.3184(2)(c), F.S.
34 S. 163.3184(4)(a), F.S.
35 S. 163.3164(44), F.S.
36 S. 163.3184(4)(b) and (11)(b)1., F.S.
37 S. 163.3184(4)(b) and (c), F.S.
38 S. 163.3184(4)(b), F.S.
39 S. 163.3184(4)(c), F.S.
40 S. 163.3184(4)(d)1., F.S.
41 S. 163.3184(4)(d)1., F.S. All written communication the agency received or generated regarding a proposed amendment must be
identified with enough information to allow for copies of documents to be requested. S. 163.3184(4)(d)2., F.S.
42 S. 163.3184(4)(e)1. and (11)(b)2., F.S. If the hearing is not held within 180 days of receipt of the report, the amendment is deemed
withdrawn absent an agreement and notice to DEO and all affected persons that provided comments. S. 163.3184(4)(e)1., F.S.
43 S. 163.3184(4)(e)2., F.S.
44 S. 163.3184(4)(e)3. and 4., F.S.
45 S. 163.3184(4)(e)4., F.S.
46 Id.
47 S. 163.3184(4)(e)5., F.S.
48 Id.
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Regulating signage;
Addressing concurrency;
Ensuring safe and convenient onsite traffic flow; and
Maintaining the existing density of residential properties or recreational vehicle parks.
Local comprehensive plans adopted after January 1, 2019, and all land development regulations
adopted to implement the plan, must incorporate a development order existing before the
comprehensive plan’s effective date. The plan may not impair a party’s ability to complete development
in accordance with the development order and must vest the density49 and intensity50 approved by the
development order without any limitations or modifications. Land development regulations must
incorporate preexisting development orders.51
Effect of Proposed Changes
The bill requires local governments to include a property rights element in their comprehensive plans at
their next proposed plan amendment or by July 1, 2023, whichever comes first. The bill provides that a
local government may develop its own property rights language if such language does not conflict with
the model statement of rights. The model statement of rights requires the local government to consider
the following 4 elements in local decision-making:
1. Physical possession and control of the property owner’s interests in the property, including
easements, leases, or mineral rights;
2. Use, maintenance, development, and improvement of the property for personal use or the
use of any other person, subject to state law and local ordinances;
3. Privacy and exclusion of others from the property to protect the owner's possessions and
property; and
4. Disposal of the property owner’s property through sale or gift.
The bill provides that all local comprehensive plans effective after January 1, 2019, instead of adopted
after January 1, 2019, and all land development regulations adopted to implement the plan, must
incorporate development orders existing before the plan’s effective date.
Local Government Development Agreements
Background
Under the Florida Local Government Development Agreement Act,52 local governments are authorized
to enter into development agreements with developers.53 A “development agreement” is a “contract
between a local government and a property owner/developer, which provides the developer with vested
rights by freezing the existing zoning regulations applicable to a property in exchange for public
benefits.”54
Any local government may, by ordinance, establish procedures and requirements, as provided in the
Act, to consider and enter into a development agreement with any person having a legal or equitable
interest in real property located within its jurisdiction.55
49 S. 163.3164(12), F.S., defines “density” as an objective measure of the number of people or residential units allowed per unit of land,
such as residents or employees per acre.
50 S. 163.3164(22), F.S., defines “intensity” as an objective measurement of the extent to which land may be developed or used,
including the consumption or use of the space above, on, or below the ground; the measurement of the use of or demand on natural
resources; and the measurement of the use of or demand on facilities and services.
51 Ss. 163.3167(3) and 163.3203, F.S.
52 Ss. 163.3220- 163.3243, F.S.
53 S. 163.3220(4), F.S.
54 Morgran Co., Inc. v. Orange County, 818 So. 2d 640 (Fla. 5th DCA 2002); 7 Fla. Jur 2d Building, Zoning, and Land Controls § 168
(2019).
55 S. 163.3223, F.S; 7 Fla. Jur 2d Building, Zoning, and Land Controls § 168 (2019).
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A development agreement must include the following:56
a legal description of the land subject to the agreement, and the names of its legal and
equitable owners;
the duration of the agreement;
the development uses permitted on the land, including population densities, and building
intensities and height;
a description of public facilities that will service the development, including who shall provide
such facilities; the date any new facilities, if needed, will be constructed; and a schedule to
assure public facilities are available concurrent with the impacts of the development;
a description of any reservation or dedication of land for public purposes;
a description of all local development permits approved or needed to be approved for the
development of the land;
a finding that the development permitted or proposed is consistent with the local government's
comprehensive plan and land development regulations;
a description of any conditions, terms, restrictions, or other requirements determined to be
necessary by the local government for the public health, safety, or welfare of its citizens; and
a statement indicating that the failure of the agreement to address a particular permit, condition,
term, or restriction shall not relieve the developer of the necessity of complying with the law
governing said permitting requirements, conditions, term, or restriction.
A development agreement may also provide that the entire development or any phase thereof be
commenced or completed within a specific period of time.57 Within 14 days after a local government
enters into a development agreement, the local government must record the agreement with the clerk
of the circuit court in the county where the local government is located. A development agreement will
not be effective until it is properly recorded in the public records of the county.58
The burdens of the development agreement are binding upon and the benefits of the agreement inure
to all successors in interest to the parties to the agreement.59
A development agreement may be amended or canceled by mutual consent of the parties to the
agreement or by their successors in interest.60
Effect of Proposed Changes
The bill provides that a party or its designated successor in interest to a development agreement and
the local government are authorized to amend or cancel a development agreement without securing
the consent of other parcel owners of property that were originally subject to the development
agreement unless the amendment, modification or termination directly modifies the allowable uses or
entitlements of an owner’s property.
Municipal Annexation
Background
Section 2(c), Art. VIII of the Florida Constitution provides that municipal annexation of unincorporated
territory, merger of municipalities, and exercise of extra-territorial powers by municipalities must be as
provided by general or special law. This provision authorizes the Legislature to annex unincorporated
property into a municipality by special act. It also authorizes the Legislature to establish procedures in
general law for the annexation of property.
56 S. 163.3227(1), F.S.
57 S. 163.3227(2), F.S; 7 Fla. Jur 2d Building, Zoning, and Land Controls § 168 (2019).
58 S. 163.3239, F.S; 7 Fla. Jur 2d Building, Zoning, and Land Controls § 168 (2019).
59 S. 163.3239, F.S.
60 S. 163.3237, F.S.
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The Legislature established local annexation procedures by general law in 1974, with the enactment of
ch. 171, F.S., the “Municipal Annexation or Contraction Act."61 This act describes the way in which
property may be annexed or de-annexed by cities without legislative action. The purpose of the act is to
set forth procedures for adjusting the boundaries of municipalities through annexations or contractions
of corporate limits, and criteria for determining when annexations or contractions may take place so as
to:
ensure sound urban development and accommodation to growth;
establish uniform legislative standards for the adjustment of municipal boundaries;
ensure efficient provision of urban services to areas that become urban in character; and
ensure areas are not annexed unless municipal services can be provided to those areas.62
Pursuant to s. 171.042, F.S., before local annexation procedures may begin, the governing body of the
municipality must prepare a report containing plans for providing urban services to any area to be
annexed. A copy of the report must be filed with the board of county commissioners where the
municipality is located. This report must include appropriate maps, plans for extending municipal
services, timetables, and financing methodologies. It must certify that the area proposed to be annexed
is appropriate for annexation because it meets the following standards and requirements described by
s. 171.043, F.S.:
The area to be annexed must be an unincorporated area that is contiguous to the boundary of
the annexing municipality.63
The area to be annexed must be reasonably compact.64
No part of the area to be annexed may fall within the boundary of another incorporated
municipality.
Part or all of the land to be annexed must be developed for urban purposes.65
Alternatively, if the proposed area is not developed for urban purposes, it can either border at
least 60 percent of a developed area, or provide a necessary bridge between two urban areas
for the extension of municipal services.
The Interlocal Service Boundary Agreement Act (Interlocal Boundary Act)66 authorizes an alternative to
these statutory procedures. Intended to encourage intergovernmental coordination in planning, delivery
of services, and boundary adjustments, the primary purpose of the Interlocal Boundary Act is to
promote establishing boundaries that reduce the costs of local governments, prevent duplication of
services, increase local government transparency and accountability, and reduce intergovernmental
conflicts.67
An interlocal agreement may provide an annexation procedure with a flexible process for securing the
consent of those within the area to be annexed, while continuing the requirement for approval of the
proposed annexation by a majority of the registered voters, the land owners, or both, within the
proposed annexation area. The alternate process also must provide for certain disclosures pertaining to
a privately owned solid waste disposal facility included within the proposed annexation area, including
whether the owner of the facility objects to the proposed annexation.68
Effect of Proposed Changes
61 Ch. 74-190, s. 1, Laws of Fla.
62 S. 171.021, F.S.
63 This means that a substantial part of the boundary of the area to be annexed has a common boundary with the municipality. There
are specified exceptions for cases in which an area is separated from the city's boundary by a publicly owned county park, right-of-way
or body of water.
64 S. 171.031(12), F.S., defines “compactness” as concentration of a piece of property in a single area and precludes any action which
would create enclaves, pockets, or finger areas in serpentine patterns. Any annexation proceeding in any county in the state is required
to be designed in such a manner as to ensure that the area will be reasonably compact.
65 An area developed for urban purposes is defined as an area which meets any one of the following standards: (a) a total resident
population equal to at least two persons per acre; (b) a total resident population equal to at least one person per acre, with at least 60
percent of subdivided lots one acre or less; or (c) at least 60 percent of the total lots used for urban purposes, with at least 60 percent of
the total urban residential acreage divided into lots of five acres or less.
66 Ch. 171, Part II, F.S. See s. 171.20, F.S.
67 S. 171.201, F.S.
68 S. 171.205, F.S.
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The bill amends s. 171.042, F.S., prohibiting a municipality from annexing an area within another
municipality’s jurisdiction without the other municipality’s consent.
The bill provides an exception to these annexation requirements when an interlocal agreement is in
effect for property annexed by a municipality.
Developments of Regional Impact
Background
Developments of Regional Impact (DRIs) are defined as “any development which, because of its
character, magnitude, or location, would have a substantial effect on the health, safety, or welfare of
citizens of more than one county.”69
The DRI program was initially created in 1972 as an interim program intended to be replaced by
comprehensive planning and permitting programs.70 The program provided a process to identify
regional impacts stemming from large developments and appropriate provisions to mitigate impacts on
state and regional resources.
In 2015,71 the Legislature amended the laws related to DRI’s to provide that new DRI-sized
developments proposed after July 1, 2015, must be approved by a comprehensive plan amendment in
lieu of the state review process provided for in s. 380.06, F.S. The Legislature also amended the laws
related to comprehensive plans to require that plan amendments be reviewed under the state
coordinated review process.72 Additional changes were made in 2016 requiring DRI reviews to follow
the state coordinated review process if the development, or an amendment to the development,
required an amendment to the comprehensive plan.73
However, state and regional reviews of existing DRIs were eliminated in 2018.74 The responsibility for
implementation of, and amendments to, existing DRI agreements and development orders was
transferred to the local governments where the developments are located.75
Currently, an amendment to a development order for an approved DRI may not amend to an earlier
date until the local government agrees that the approved DRI will not be subject to downzoning, unit
density reduction, or intensity reduction, unless:76
the local government can demonstrate that substantial changes in the conditions underlying the
approval of the development order have occurred,
the development order was based on substantially inaccurate information provided by the
developer, or
the change is clearly established by local government to be essential to the public health,
safety, or welfare.
Any proposed change to a previously approved DRI must be reviewed by the local government based
on the standards and procedures in its adopted local comprehensive plan and adopted local land
development regulations, including, but not limited to, procedures for notice to the applicant and the
public regarding the issuance of development orders.77
69 s. 380.06(1), F.S.
70 The Florida Senate, Committee on Community Affairs, Interim Report 2012-114, September 2011, citing: Thomas G. Pelham, A
Historical Perspective for Evaluating Florida’s Evolving Growth Management Process, in Growth Management in Florida: Planning for
Paradise, 8 (Timothy S. Chapin, Charles E. Connerly, and Harrison T. Higgins eds. 2005).
71 Ch. 2015-30, Laws of Fla.
72 s. 163.3184(2)(c), F.S.
73 Ch. 2016-148, Laws of Fla.
74 Ch. 2018-158, Laws of Fla.
75 S. 380.06(4)(a), (7), F.S.
76 S. 380.06(4)(a), F.S.
77 S. 380.06(7)(a), F.S.
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However, a change to a DRI that has the effect of reducing the originally approved height, density, or
intensity of the development must be reviewed by the local government based on the standards in the
local comprehensive plan at the time the development was originally approved. If the proposed change
would have been consistent with the comprehensive plan in effect when the development was originally
approved, the local government may approve the change.78
DRI agreements that were classified as essentially built out and valid on or before April 6, 2018, were
preserved, but the provisions that allowed such agreements to be amended to exchange approved land
uses was eliminated.79
For such agreements, a DRI is essentially built out if:80
all the mitigation requirements in the development order were satisfied, all developers were in
compliance with all applicable terms and conditions of the development order except the
buildout date, and the amount of proposed development that remained to be built was less than
40 percent of any applicable development-of-regional-impact threshold; or
the project was determined to be an essentially built-out development of regional impact through
an agreement executed by the developer, the state land planning agency, and the local
government.
Effect of Proposed Changes
The bill allows any DRI agreement previously classified as or officially determined to be essentially built
out, and entered into on or before April 6, 2018, to be amended to authorize the developer to exchange
approved land uses.
Such amendments may only be made subject to the developer demonstrating that the exchange will
not increase impacts to public facilities.
Any such amendments must be made pursuant to the processes adopted by the local government for
amending development orders.
B. SECTION DIRECTORY:
Section 1. Amends s. 163.3167, F.S., requiring comprehensive plans initially effective after a
certain date to incorporate development orders preexisting the plan.
Section 2. Amends s. 163.3177, F.S., requiring a comprehensive plan to include a private property
rights element.
Section 3. Amends s. 163.3237, F.S., relating to development agreement amendments and
cancelations.
Section 4. Amends s. 172.042, F.S., relating to municipal annexation requirements.
Section 5. Amends s. 380.06, F.S., allowing certain agreements relating to an approved
development of regional impact to be amended under certain circumstances.
Section 6. Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
78
Id.
79 Ch. 2018-158, Laws of Fla.
80 S. 380.06(15)(g)3., 4., F.S. (2017).
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1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an insignificant fiscal impact on local governments not scheduled to review their
plans before 2024 due to the requirement to amend their comprehensive plans by July 1, 2023, to
include a property rights element.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
because this bill requires counties and municipalities that are not scheduled to amend their
comprehensive plans before 2024 to amend their plans by July 1, 2023 to include the statement on
property rights; and for counties and municipalities to amend their comprehensive plans to include
development orders existing before the comprehensive plan’s effective date if it does not already do
so. However, an exemption may apply given that laws having an insignificant fiscal impact are
exempt from the requirements of Art. VII, s. 18 of the Florida Constitution.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: pcs0203.COM PAGE: 10
DATE: 2/11/2020
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