HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1221 Land Use and Development Regulations
SPONSOR(S): Commerce Committee, Local Administration, Federal Affairs & Special Districts
Subcommittee, McClain
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 12 Y, 5 N, As CS Mwakyanjala Darden
Districts Subcommittee
2) Commerce Committee 11 Y, 4 N, As CS Larkin Hamon
SUMMARY ANALYSIS
The Community Planning Act provides counties and municipalities with the power to plan for future
development by adopting comprehensive plans. Each county and municipality must maintain a comprehensive
plan to guide future development. Local governments may enter into development agreements with
developers. A local government may establish by ordinance procedures and requirements for considering and
entering into a development agreement with any person having a legal or equitable interest in real property
located within its jurisdiction.
The bill:
Revises definitions within the Community Planning Act;
Provides requirements for self-storage facility expansions;
Establishes criteria for approval of infill residential developments;
Revises data sources used in consideration of the comprehensive plan and plan amendments;
Requires land development regulations adopted by a local government to establish minimum lot sizes
consistent with the maximum density authorized by the comprehensive plan and to provide standards
for infill residential development;
Prohibits optional elements of a comprehensive plan from restricting the density or intensity established
in the future land use element;
Requires applications for infill development to be administratively approved in certain circumstances;
Revises the procedure for adoption of small-scale comprehensive plan amendments; and
Allows a final order or decision regarding historically significant property made by a local historic
preservation board or commission to be appealed to the applicable board of county commissioners.
The bill does not appear to have a fiscal impact on state or local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1221c.COM
DATE: 2/12/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Comprehensive Plans
The Community Planning Act1 provides counties and municipalities with the power to plan for future
development by adopting comprehensive plans.2 Each county and municipality must maintain a
comprehensive plan to guide future development.3
All development, both public and private, and all development orders approved by local governments
must be consistent with the local government’s comprehensive plan.4 A comprehensive plan is
intended to provide for the future use of land, which contemplates a gradual and ordered growth, and
establishes a long-range maximum limit on the possible intensity of land use.
A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water
and sewer facilities, neighborhoods, parks, schools, and commercial and industrial developments. A
comprehensive plan is made up of 10 required elements, each laying out regulations for a different
facet of development.5
The 10 required elements include capital improvements; future land use plan; transportation; general
sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge;
conservation; recreation and open space; housing; coastal management; intergovernmental
coordination; and property rights.6
At least once every seven years, each local government must evaluate its comprehensive plan to
determine if plan amendments are necessary to reflect changes in state requirements since the last
update of the comprehensive plan and notify the state land planning agency as to its determination. 7 If
the local government determines amendments to its comprehensive plan are necessary, the local
government must prepare and send to the state land planning agency within one year such plan
amendment or amendments for review.8 Local governments are encouraged to evaluate and update
their comprehensive plans to reflect changes in local conditions. 9 If a local government fails to submit
an evaluation of its comprehensive plan at least once in seven years to the state land planning agency
or update its plan as necessary in order to reflect changes in state requirements, the local government
may not amend its comprehensive plan until such time the evaluation is submitted.10
Comprehensive plans must include at least two planning periods, one covering the first 10-year period
occurring after the plan’s adoption and one covering a period of at least 20 years.11 Additional planning
periods are permissible and accepted as part of the planning process.
1 Ch. 163, part II F.S.
2 S. 163.3167(1), F.S.
3 S. 163.3167(2), F.S.
4 S. 163.3194(3), F.S
5 S. 163.3177(6), F.S.
6 Id.
7 S. 163.3191(1), F.S. The state land planning agency is the Department of Commerce pursuant to s. 163.3164(44), F.S.
8 S. 163.3191(2), F.S.
9 S. 163.3191(3), F.S.
10 S. 163.3191(4), F.S.
11 S. 163.3177(5)(a), F.S.
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All elements of a plan or plan amendment must be based on relevant, appropriate data 12 and an
analysis by the local government.13 The data supporting a plan or amendment must be taken from
professionally accepted sources.14 The plan must be based on permanent and seasonal population
estimates and projections published by the Office of Economic and Demographic Research or
generated by the local government based upon a professionally acceptable methodology.15 The
analysis by the local government may include, but is not limited to, surveys, studies, community goals
and vision, and other data available at the time of adoption of the comprehensive plan or plan
amendment.16
Future Land Use Element
Comprehensive plans must contain an element regarding future land use that designates proposed
future general distribution, location, and extent of the uses of land for a number of uses and categories
of public and private uses of land.17 Each future land use category must be defined in terms of uses
included, and must include standards to be followed in the control and distribution of population
densities and building and structure intensities.18 The proposed distribution, location, and extent of the
various categories of land use must be shown on a land use map or map series. Future land use plans
and plan amendments are based on surveys, studies, and data regarding the area 19 and the future land
use element must include a future land use map or map series. 20
Small-Scale Comprehensive Plan Amendments
A small-scale comprehensive plan amendment must meet four criteria: 21
The proposed amendment involves a use of 50 or fewer acres of land (100 acres in a rural area
of opportunity);22
The changes are limited to Future Land Use Map (FLUM) changes, with no text changes to the
comprehensive plan except those that relate directly to, and are adopted simultaneously with,
the small scale FLUM change;
The property is not located in an area of critical state concern, unless the project involves the
construction of affordable housing units meeting statutory criteria; 23 and
The amendment must preserve the internal consistency of the overall local comprehensive plan.
Small-scale comprehensive plan amendments require only a single hearing before the governing body
of the county or municipality for approval.24 Small-scale comprehensive plan amendments do not
require review by DEO or other state agencies.25
Any affected person may challenge the amendment by filing a petition with the Division of
Administrative Hearings.26 The challenge must be filed within 30 days of the local government’s
adoption of the amendment. The challenge is heard in the affected jurisdiction by an administrative law
12 “To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available o n that
particular subject at the time of adoption of the plan or plan amendment at issue.” S. 163.3177(1)(f), F.S.
13 S. 163.3177(1)(f), F.S.
14
S. 163.3177(1)(f)2., F.S.
15 S. 163.3177(1)(f)3., F.S.
16 S. 163.3177(1)(f), F.S.
17 S. 163.3177(6)(a), F.S. Applicable uses and categories of public and private uses of land include, but are not limited to, residential,
commercial, industrial, agricultural, recreational, conservation, educational, and public facilities. S. 163.3177(6)(a)10., F .S.
18
S. 163.3177(6)(a)1., F.S.
19 S. 163.3177(6)(a)2., F.S.
20 S. 163.3177(6)(a)10., F.S.
21 S. 163.3187(1)(a)-(d), (4), F.S., see also Dept. of Commerce, Small Scale Amendments Defined; Adoption; Challenge: Effective
Date, http://www.floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/small-scale-
amendments-defined-adoption-challenge-effective-date (last visited Jan. 22, 2024).
22 S. 163.3187(3), F.S.
23 See s. 420.0004(3), F.S.
24 S. 163.3187(2), F.S.
25 Compare s. 163.3187, F.S. (small-scale plan amendments are only reviewed by DEO if the plan is challenged) with s. 163.3184(3)-
(4), F.S. (expedited state review process and state coordinated review process for comprehensive plan amendments require review by
DEO and other state agencies).
26 S. 163.3187(5)(a), F.S.
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judge (ALJ) between 30 to 60 days after the petition is filed. The local government’s determination that
the small-scale amendment complies with the overall comprehensive plan is subject to the “fairly
debatable” standard of review.27
If the ALJ finds that the amendment is in compliance with the comprehensive plan, the ALJ sends a
recommended order to DEO. Upon receipt of the recommended order, DEO may issue a final order
within 30 days or send the matter to the Administration Commission if the department determines the
amendment is not in compliance.28 If the ALJ does not find that the amendment is in compliance, the
ALJ must send the recommended order directly to the Administration Commission, which has 90 days
to issue a final order upon receipt.
A small-scale comprehensive plan amendment may not become effective until 31 days after adoption
by the governing body of the county or municipality.29 If the amendment is challenged, the amendment
may not become effective until DEO or the Administration Commission issues a final order determining
the amendment complies with the overall comprehensive plan.
Land Development Regulations
Comprehensive plans are implemented via land development regulations. Land development
regulations are ordinances enacted by governing bodies for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision, building construction, or
sign regulations or any other regulations controlling the development of land. 30
Each county and municipality must adopt and enforce land development regulations consistent with
and that implements its adopted comprehensive plan. 31 Local governments are encouraged to use
innovative land development regulations 32 and may adopt measures for the purpose of increasing
affordable housing using land-use mechanisms.33
Development that does not conform to the comprehensive plan may not be approved by a local
government unless the local government amends its comprehensive plan first. State law requires a
proposed comprehensive plan amendment receive two public hearings, the first held by the local
planning board, and subsequently by the governing board. 34 Additionally, land development regulations
relating to all public and private development, including special district projects, must be consistent with
the local comprehensive plan.35
Amendments to comprehensive plans may be initiated by any interested party, including private land
owners and public parties.36
Historic Preservation
National Register of Historic Places
27 Id.
28 S. 163.3187(5)(b), F.S.
29 S. 163.3187(5)(c), F.S.
30 Id.
31 S. 163.3202, F.S.
32 S. 163.3202(3), F.S.
33 S. 125.01055 and 166.04151, F.S.
34 S. 163.3174(4)(a) and 163.3184, F.S.
35 See Sections 163.3161(6) and 163.3194(1)(a), F.S.
36 See e.g., Osceola County, Amending the Comprehensive Plan, https://www.osceola.org/agencies-departments/community-
development/offices/planning-office/comprehensive-plan/amending-comprehensive-plan.stml (last visited Jan. 21, 2023).
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The National Register of Historic Places is the federal government’s official list of historic places in the
United States. The National Historic Preservation Act of 1966 authorized the register, which is
administered by the National Park Service. In order to be listed on the register the owner of the
property must not object.37 The Department of the Interior issues advisory guidelines for a building that
must undergo preservation, rehabilitation, restoration, or reconstruction and still retain historic status. 38
In Florida, there are over 1,700 properties and districts listed on the National Register.39
Property owners may request for their properties to receive a certification of historic significance. Such
determination is based on whether the property:40
is located within a registered historic district and is of historic significance to such district;
is located within a registered historic district and is not of historic significance to such district; or
is not yet on the National Register and appears to meet National Register criteria.
If a property is located within the boundaries of a registered historic district and the property owner
wishes the Secretary to certify whether the property contributes or does not contribute to the historic
significance of the district or if the owner is requesting a preliminary determination of significance, the
property owner must compete a certain part of the Historic Preservation Certification Application.41
Florida Historical Resources Act
The Florida Historical Resources Act (Resources Act)42 was established to preserve archaeological
sites and objects of antiquity for the public benefit.43 The Resources Act recognizes Florida’s historic
properties as an important legacy to be cherished and preserved for current and future generations.
Accordingly, it is Florida’s policy to lead, assist, administer, and encourage public entities and private
citizens to preserve the state’s historic environment and resources. 44
Department of State
The Department of State (DOS) is comprised of six divisions: Elections, Historical Resources,
Corporations, Library and Information Services, Arts and Culture, and Administration. 45 The head of
DOS is the Secretary of State (Secretary). The Secretary is appointed by and serves at the pleasure of
the Governor, and is confirmed by the Senate.46
Division of Historical Resources
The Division of Historical Resources (Division), one of the six divisions established within DOS,47 is
charged with encouraging identification, evaluation, protection, preservation, collection, conservation,
and interpretation of information about Florida’s historic sites and properties or objects related to
Florida’s history and culture.48 Some of the Division’s responsibilities include:
Developing a comprehensive statewide historic preservation plan.
Directing and conducting a comprehensive statewide survey, and maintaining an inventory, of
historic resources.
37 National Park Service, What is the National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/what-is-the-
national-register.htm (last visited Jan. 27, 2024); National Park Service, How to List a Property,
https://www.nps.gov/subjects/nationalregister/how-to-list-a-property.htm (last visited February 8, 2024).
38 National Park Service, The Secretary of the Interior's Standards for the Treatment of Historic Properties,
https://www.nps.gov/orgs/1739/secretary-standards-treatment-historic-properties.htm (last visited February 9, 2024).; 36 C.F.R. Parts
67 and 68.
39 National Register of Historic Places. Florida Department of State, https://dos.fl.gov/historical/preservation/national-register/ (last
visited February 8, 2024).
40 36 CFR § 67.4(a).
41 36 CFR § 67.4(c).
42 Ss. 267.011-267.22, F.S., are known as the Florida Historical Resources Act. See s. 267.011, F.S.
43 S. 267.14, F.S.
44 See s. 267.061(1)(a), F.S.
45 S. 20.10(2), F.S.
46 S. 20.10(1), F.S.<