HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1177 Land Development
SPONSOR(S): State Affairs Committee, Ways & Means Committee, Local Administration, Federal Affairs &
Special Districts Subcommittee, Duggan
TIED BILLS: IDEN./SIM. BILLS: SB 1110
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 13 Y, 1 N, As CS Mwakyanjala Darden
Districts Subcommittee
2) Ways & Means Committee 22 Y, 0 N, As CS Rexford Aldridge
3) State Affairs Committee 15 Y, 1 N, As CS Mwakyanjala Williamson
SUMMARY ANALYSIS
Each county and municipality must plan for future development and growth by adopting, implementing, and
amending, as necessary, a comprehensive plan. All elements of a plan or plan amendment must be based on
relevant, appropriate data and an analysis by the local government, and must include a transportation element.
Certain public facilities and services must be in place and available to serve new development no later than the
issuance of a certificate of occupancy or its functional equivalent by a local government. Local governments
may extend this concurrency requirement to additional public facilities such as transportation. Local
governments electing to repeal transportation concurrency are encouraged to adopt an alternative mobility
funding system. One method of funding local government transportation concurrenc y requirements is through
the imposition of impact fees. Local governments may increase impact fees only under limited circumstances,
including upon a showing of extraordinary circumstances.
A Development of Regional Impact (DRI) is a development that, because of its character, magnitude, or
location, has a substantial effect on the health, safety, or welfare of citizens of more than one county. Any
proposed change to a previously approved DRI must be reviewed by the local government. An adopted local
comprehensive plan or adopted land development regulations to the contrary, an adopted change to a
development order for an approved DRI does not diminish or otherwise alter any credits for a development
order exaction or fee.
The bill:
 Requires local governments implementing transportation concurrency to credit the fair market value of
any land dedicated and provides that fees may be based on a cumulative analysis of trips from a
previous stage or phase that were not analyzed.
 Revises application of credits against local impacts for DRIs.
 Revises review requirements for changes to DRIs and clarifies the application of vested rights in DRIs.
 Provides counties with the power to hear final decisions made by municipal historic preservation boards.
 Prohibits local governments from requiring certain approvals or fees before allowing the alteration or
removal of a tree on property used for the construction of a healthcare facility for veterans.
The Revenue Estimating Conference met on February 2, 2024, and determined the bill would have a negative,
indeterminate impact on local government revenues.
This docum ent 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:
Present Situation
Comprehensive Planning
Every local government, defined as any county or municipality,1 is required to plan for future
development and growth by adopting, implementing, and amending as necessary a comprehensive
plan.2 All elements of a plan or plan amendment must be based on relevant, appropriate data 3 and an
analysis by the local government that may include surveys, studies, aspirational goals, and other data
available at the time of adopting the plan or amendment. 4 The data supporting a plan or amendment
must be taken from professionally accepted sources 5 and must be based on permanent and seasonal
population estimates and projections.6
Each comprehensive plan must include a transportation element, the purpose of which is to plan for a
multimodal transportation system emphasizing feasible public transportation, addressing mobility
issues pertinent to the size and character of the local government, and designed to support all other
elements of the comprehensive plan.7 The transportation element must address traffic circulation,
including the types, locations, and extent of existing and proposed major thoroughfares and
transportation routes, including bicycle and pedestrian ways. 8 The plan of a local government with a
population exceeding 50,000 that is not within the planning area of a metropolitan planning
organization (MPO)9 also must address mass transit, ports, and aviation10 and related facilities.11 The
transportation planning element for a local government with a population exceeding 50,000 located
within the area of an MPO specifically must address the following:
 All alternative modes of travel, including public transportation, pedestrian, and bicycle.
 Aviation, rail, and seaport facilities, access to those facilities, and intermodal transportation.
 Capability to evacuate coastal population prior to a natural disaster.
 Airports, projected airport and aviation development, and land use around airports.
 Identification of land use densities, building intensities, and transportation management
programs to promote public transportation.12
1 S. 163.3164(29), F.S. For the purpose of the Community Planning Act, the Central Florida Tourism Oversight District may exerc ise the
powers of a municipality for the area under its jurisdiction. S. 163.3167(6), F.S. See also ch. 2023-5, Laws of Fla. (renaming the Reedy
Creek Improvement District to the Central Florida Tourism Oversight District).
2 Ss. 163.3167(2), 163.3177(2), F.S.
3 “To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that
particular subject at the time of adoption of the plan or plan amendment at issue.” S. 163.3177(1)(f), F.S.
4 S. 163.3177(1)(f), F.S.
5
S. 163.3177(1)(f)2., F.S. The statute does not further define “professionally accepted sources.”
6 S. 163.3177(1)(f)3., F.S. Population estimates may be those published by the Office of Economic and Demographic Research or m ay
be generated by the local government based upon a professionally acceptable methodology. Id.
7 S. 163.3177(6)(b), F.S.
8 S. 163.3177(6)(b)1., F.S.
9 An MPO must be designated as provided in 23 U.S.C. s. 450.310(a) for each urbanized area with a population of more than 50,00 0.
S. 339.175(2), F.S. Florida MPOs are intended specifically to develop plans and programs in metropolitan a reas for the development
and management of transportation systems and facilities, including pedestrian walkways and bicycle transportation facilities to function
as an intermodal transportation system. S. 339.175(1), F.S.
10 All local governments have the option to include within the transportation element an airport master plan, incorporated into the plan
through the comprehensive plan amendment process. S. 163.3177(6)(b)4., F.S.
11 S. 163.3177(6)(b), F.S.
12 S. 163.3177(6)(b)2., F.S.
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 The transportation planning element for a municipality with a population exceeding 50,000, or a county
with a population exceeding 75,000, must provide for moving people by mass transit, including:
 Providing efficient, safe, and convenient public transit, including accommodation for the
transportation disadvantaged.
 Plans for port, aviation, and related facilities.
 Plans for circulation of recreational traffic, including bicycle and riding facilities and exercise
trails.13
In addition to the general requirements for data supporting a comprehensive plan or plan amendment,
the transportation planning element must include one or more maps showing the general location of
existing and proposed transportation system features and data, analyses, and associated principles
pertaining to:
 Existing transportation system levels of service and system needs and availability of
transportation facilities and services.
 Growth trends and travel patterns, as well as interactions between land use and transportation;
 Current and projected intermodal14 deficiencies and needs.
 Projected transportation system levels of service and system needs.
 How the local government will correct existing facility deficiencies, meet the needs of the
projected transportation system, and advance the transportation purposes of the plan. 15
Generally, local government transportation and mobility planning should address providing mobility
options, such as automobile, bicycle, pedestrian, or mass transit, that minimize environmental impacts,
expand transportation options, and increase connectivity between destinations. 16
Transportation Concurrency
Certain public facilities and services must be in place and available to serve new development no later
than the issuance of a certificate of occupancy or its functional equivalent by a local government. 17
Local governments may extend this concurrency requirement to additional public facilities such as
transportation.18 Where concurrency is applied to transportation, the local government comprehensive
plan must provide the principles, guidelines, standards, and strategies, including adopted levels of
service, to guide its application.19 The plan must show that the included levels of service may
reasonably be met.20 Local governments utilizing transportation concurrency must use professionally
accepted studies to evaluate levels of service and professionally accepted techniques to measure such
levels of service when evaluating potential impacts of proposed developments.21 While local
governments implementing a transportation concurrency system are encouraged to develop and use
certain tools and guidelines, such as addressing potential negative impacts on urban infill and
redevelopment22 and adopting long-term multimodal strategies,23 such local governments must follow
specific concurrency requirements. Such requirements include consulting with the Florida Department
13 S. 163.3177(6)(b)3., F.S.
14 “Intermodal transportation” is not defined in the statute but generally means the transportation by or involving more than on e form of
carrier in a single journey, particularly for moving cargo. See “intermodal,” https://www.merriam-webster.com/dictionary/intermodal (last
visited Feb. 2, 2024); “intermodal transport,” https://www.ups.com/us/en/supplychain/insights/knowledge/glossary-term/intermodal-
transport.page (last visited Feb. 2, 2024). Part of the intent in creating the Florida Strategic Intermo dal System is to address the
increased demands placed on the entire statewide transportation system by economic and population growth and projected increa ses
in freight movement, international trade, and tourism designing and operating a strategic intermod al system to meet the mobility needs
of the state. See s. 339.61(2), F.S.
15 S. 163.3177(6)(b)1., F.S.
16 Dept. of Commerce, Transportation Planning, https://www.floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/transportation-planning (last visited Feb. 2, 2024), herein Commerce
Transportation Planning.
17 S. 163.1380(2), F.S. The only such services for which concurrency is mandatory are sanitary sewer, solid waste, drainage, and
potable water supplies.
18 S. 163.3180(1), F.S.
19 Ss. 163.3180(1)(a), 163.3180(5)(a), F.S. See Commerce Transportation Planning, supra n. 16.
20 S. 163.3180(1)(b), F.S.
21 S. 163.3180(5)(b)-(c), F.S.
22 S. 163.3180(5)(e), F.S.
23 S. 163.3180(f), F.S.
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 of Transportation if proposed plan amendments affect the Strategic Intermodal System, exempting
public transit facilities from concurrency requirements, and allowing a developer to contribute a
proportionate share to mitigate transportation impacts for a specific development. 24
An applicant for a development-of-regional-impact development order, development agreement,
rezoning, or other land use development permit satisfies the requirements for transportation
concurrency if the applicant in good faith offers to enter into a binding agreement to pay for or construct
its proportionate share of transportation improvements required to mitigate the impact of the proposed
development and the proffered proportionate share contribution or construction is sufficient to
accomplish one or more mobility improvements benefitting a regionally significant transportation
facility.25 The plan for transportation concurrency must provide the basis on which landowners will be
assessed a proportionate share,26 including a compliant formula for calculating the proportionate
share.27 The proportionate share may not include additional costs to reduce or eliminate existing
transportation deficiencies.28 However, a local government may cumulatively analyze the trips from a
previous stage or phase of a development for which mitigation was not required or provided when
determining the mitigation required for a subsequent stage of development. 29
Local governments electing to repeal transportation concurrency are encouraged to adopt an
alternative mobility funding system. Such an alternative system may not be used to restrict or deny
certain development approval applications provided the developer agrees to pay for the development’s
transportation impacts using the funding mechanism implemented by the local government. Local
government mobility fee systems must comply with all requirements for adopting and implementing
impact fees. An alternative funding system that is not mobility fee based may not impose on new
development any responsibility for funding existing transportation deficiencies.30
Impact Fees
One method of funding local government transportation concurrency requirements is through the
adoption and imposition of impact fees on new development. Local governments impose impact fees to
fund infrastructure31 needed to expand local services to meet the demands of population growth
caused by new growth.32 Impact fees must meet the following minimum criteria when adopted:
 The fee must be calculated using the most recent and localized data. 33
 The local government adopting the impact fee must account for and report impact fee
collections and expenditures. If the fee is imposed for a specific infrastructure need, the local
government must account for those revenues and expenditures in a separate accounting fund. 34
 Charges imposed for the collection of impact fees must be limited to the actual costs. 35
 All local governments must give notice of a new or increased impact fee at least 90 days before
the new or increased fee takes effect, but need not wait 90 days before decreasing, suspending,
or eliminating an impact fee. Unless the result reduces total mitigation costs or impact fees on
24 S. 163.3180(5)(h), F.S. See Commerce Transportation Planning, supra note 16.
25 S. 163.3180(5)(h)1.c., F.S.
26 S. 163.3180(5)(h)1.d., F.S.
27
S. 163.3180(5(h)2.a.-d., F.S.
28 S. 163.3180(5)(h)2., F.S. For purposes of s. 163.3180(5), F.S., “transportation deficiency” means a facility or facilities on which the
level of service standard adopted in the comprehensive plan is exceeded by the number of existing, projected, or vested trips together
with additional trips originating from any source other than the development project under review, and trips forecast by esta blished
traffic standards. S. 163.3180(5)(h)4., F.S. Local governments may resolve existing transportation deficiencies within an identif ied
transportation deficiency area by creating a transportation development authority with specific powers to implement a transpo rtation
sufficiency plan funded through a formula of tax increment funding. Adopting a transportation sufficiency plan is deemed as m eeting
transportation level of service standards, and proportionate fair-share mitigation is limited to ensure developments within the
transportation deficiency area are not responsible for additional costs to eliminate deficiencies. S. 163.3182, F.S.
29 S. 163.3180(5)(h)2.c., F.S.
30 S. 163.3180(5)(i), F.S.
31 “Infrastructure” means the fixed capital expenditure or outlay for the construction, reconstruction, or improvement of public facilities
with a life expectancy of five or more years, together with specific other costs required to bring the public facility into s ervice but
excluding the costs of repairs or maintenance. The term also includes specific equipment. S. 163.31801(3), F.S.
32 S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S.
33 S. 163.31801(4)(a), F.S.
34 S. 163.31801(4)(b), F.S.
35 S. 163.31801(4)(c), F.S.
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