HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 59 Growth Management
SPONSOR(S): State Affairs Committee, Civil Justice & Property Rights Subcommittee, Local Administration &
Veterans Affairs Subcommittee, McClain and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 496
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 12 Y, 6 N, As CS Darden Miller
Subcommittee
2) Civil Justice & Property Rights Subcommittee 12 Y, 6 N, As CS Mawn Jones
3) State Affairs Committee 20 Y, 3 N, As CS Darden Williamson
SUMMARY ANALYSIS
To manage growth in Florida, certain statutory procedures and requirements have been put in place for state
agencies and local governments to follow and enforce.
The bill makes the following changes to growth management regulations:
 Requires the comprehensive plan for a newly incorporated municipality that becomes effective after
January 1, 2016, to incorporate all development orders existing before the plan’s effective date, not to
impair the completion of development in accordance with existing development orders, and to vest the
density and intensity approved by the development orders existing before the plan’s effective date
without limitation or modification;
 Requires local governments to include a private property rights element in their comprehensive plans
by specified dates and provides a model statement of rights that local governments may adopt;
 Allows the parties to a development agreement to amend or cancel the agreement without the consent
of other property owners whose property was originally subject to the agreement, unless the
amendment or cancellation would directly modify the allowable uses or entitlements of such owners’
property;
 Specifies that development agreements for certain developments of regional impact may be amended
using the processes adopted by local governments for amending development orders and specifies that
such amendment may authorize the developer to exchange approved land uses under certain
conditions; and
 Requires the Florida Department of Transportation, when selling property, to provide a right of first
refusal to the property’s prior owner and provides a process for implementing this right of first refusal.
The bill provides a declaration that the act fulfills an important state interest.
The bill does not have a fiscal impact on state government but may have an insignificant negative fiscal impact
on local governments.
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
Background
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
Florida Constitution or the United States 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 federal powers.3
An owner may also 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” provides a non-judicial alternative
dispute resolution process for a property owner 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 agree to use this
process, if 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
management of state growth,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.11
First adopted in 197512 and extensively expanded in 1985,13 Florida’s comprehensive land planning
laws were significantly revised in 2011, becoming the Community Planning Act (CPA).14 The CPA
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, 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.
11 S. 163.3167(2), F.S.
12 See ch. 75-257, Laws of Fla.
13 See ch. 85-55, Laws of Fla.
14 See ch. 2011-139, s. 17, Laws of Fla.
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 directs how local governments create and adopt their local comprehensive plans. The CPA requires
that all governmental entities in the state recognize and respect judicially acknowledged or
constitutionally protected private property rights and exercise their authority without unduly restricting
private property rights, leaving property owners free from actions by others that would harm their
property or constitute an inordinate burden on property rights under the Harris Act.15
Local Comprehensive Plan Elements
Local comprehensive plans must include principles, guidelines, standards, and strategies for orderly
and balanced future land development. A plan must reflect community commitments to implement the
plan16 and identify procedures for monitoring, evaluating, and appraising its implementation.17 A plan
may include optional elements,18 but must include the following elements:
 Capital improvements;19
 Future land use plan;20
 Intergovernmental coordination;21
 Conservation;22
 Transportation;23
 Sanitary sewer, solid waste, drainage, potable water, and aquifer recharge;24
 Recreation and open space;25
 Housing;26 and
 Coastal management (for coastal local governments).27
Counties and municipalities may employ individual comprehensive plans or joint plans (if both entities
agree such a plan would align with their common interests).28 A county plan controls in a municipality
until a municipal comprehensive plan is adopted.29 New municipalities must adopt a comprehensive
plan within three years after the date of incorporation.30
Amendments to a Local Comprehensive Plan
Local governments must review and amend their comprehensive plans at least once every seven years
to reflect any changes in state requirements.31 Conforming amendments to the comprehensive plan
must be made within one year of the determination that an amendment is necessary.32 A local
government is not required to review its comprehensive plan before its regular review period unless the
law specifically requires otherwise.33
Generally, a local government amending its comprehensive plan must follow an expedited state review
process.34 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
15 S. 163.3161(10), F.S.
16 S. 163.3177(1), F.S.
17 S. 163.3177(1)(d), F.S.
18 S. 163.3177(1)(a), F.S.
19 S. 163.3177(3)(a), F.S. The local government must annually review the capital improvements element.
20 S. 163.3177(6)(a), F.S.
21 S. 163.3177(6)(h), F.S.
22 S. 163.3177(6)(d), F.S.
23 S. 163.3177(6)(b), F.S.
24 S. 163.3177(6)(c), F.S.
25 S. 163.3177(6)(e), F.S.
26 S. 163.3177(6)(f), F.S.
27 S. 163.3177(6)(g), F.S.
28 S. 163.3167(1), F.S.
29 S. 163.3167(3), F.S.
30 Id.
31 S. 163.3191(1), F.S.
32 S. 163.3191(2), F.S.
33 S. 163.3161(12), F.S.
34 S. 163.3184(3)(a), F.S.
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 plans.35 Under this review process, the state land planning agency is responsible for plan review,
coordination, and preparing and transmitting comments to the local government.36 The Department of
Economic Opportunity (DEO) is designated as the state land planning agency.37
Under the state coordinated review process, a local government must hold a properly noticed public
hearing 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.38 Local governments and government agencies within
the state filing a written request with the governing body are also entitled to copies of the amendment.39
Comments on the proposed plan amendment must be received within 30 days after its receipt by
DEO.40
DEO must provide a written report within 60 days of receiving the proposed plan amendment if it elects
to review the amendment.41 The report must state the agency’s objections, recommendations, and
comments with certain specificity and must be based on written, not oral, comments.42 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.43
Adopted plan amendments must be sent to DEO and any agency or government that provided timely
comments within 10 working days after the hearing.44
After receiving the adopted plan amendment and finding it complete, DEO has 45 days to determine if
the amendment complies with the law and to issue on its website a notice of intent stating its
determination.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 challenged,
a local comprehensive plan amendment takes effect pursuant to the notice of intent.47 If there is a
timely filed challenge, the plan amendment will not take effect until DEO or the Administration
Commission enters a final order determining the adopted amendment complies 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 must
include in their local government land development regulations, including provisions:
 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 providing for drainage and
stormwater management;
 Ensuring the protection of environmentally sensitive lands designated in the comprehensive
plan;
 Regulating signage;
 Addressing concurrency;
 Ensuring safe and convenient onsite traffic flow; and
 Maintaining the existing density of residential properties or recreational vehicle parks.
35 S. 163.3184(2)(c), F.S.
36 S. 163.3184(4)(a), F.S.
37 S. 163.3164(44), F.S.
38 S. 163.3184(4)(b), (c), and (11)(b)1., F.S.
39 S. 163.3184(4)(b), F.S.
40 S. 163.3184(4)(c), F.S.
41 S. 163.3184(4)(d)1., F.S.
42 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.
43 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.
44 S. 163.3184(4)(e)2., F.S.
45 S. 163.3184(4)(e)4., F.S.
46 Id.
47 S. 163.3184(4)(e)5., F.S.
48 Id. The Administration Commission consists of the Governor and Cabinet. S. 14.202, F.S.
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 Further, local comprehensive plans 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.49 The plan may not impair a party’s ability to complete development in accordance
with an existing development order and must vest the density50 and intensity51 approved by the
development order without any limitations or modifications.52
Effect of the Bill
Comprehensive Plans for Newly-Created Municipalities
The bill provides that a comprehensive plan for a newly incorporated municipality that becomes
effective after January 1, 2016, as well as all land development regulations adopted to implement such
plan, must:
 Incorporate all development orders existing before the plan’s effective date;
 Not impair the completion of development in accordance with existing development orders; and
 Vest the density and intensity approved by the development orders existing on the plan’s
effective date without limitation or modification.
Property Rights Element
The bill requires each local government to include a property rights element in its comprehensive plan
by the earlier of the date of adoption of its next proposed plan amendment initiated after July 1, 2021,
or the date of its next scheduled comprehensive plan evaluation and appraisal.
The bill also provides a model statement of rights a local government may adopt. However, the bill
allows a local government to develop its own property rights language if such language does not
conflict with the model statement of rights, which requires local governments to consider the property
owner’s right to:
 Physically possess the property and control his or her interests in the property, including
easements, leases, or mineral rights;
 Use, maintain, develop, and improve the property for personal use or the use of another,
subject to state law and local ordinances;
 Privacy and exclusion of others from the property to protect his or her possessions and
property; and
 Dispose of the property through sale or gift.
Local Government Development Agreements
Background
Local governments may 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
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
49 S. 163.3167(3), F.S.
50 S. 163.3164(12), F.S., defines the term “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.
51 S. 163.3164(22), F.S., defines the term “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.
52 S. 163.3167(3), F.S.
53 S. 163.3220(4), F.S.; See ss. 163.3220-163.3143, F.S., known as the “Florida Local Government Deve