The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1274
INTRODUCER: Rules Committee; Community Affairs Committee; and Senator Perry
SUBJECT: Growth Management
DATE: April 21, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Paglialonga Ryon CA Fav/CS
2. Paglialonga Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
The Community Planning Act requires each local government to adopt a comprehensive plan to
provide for orderly and balanced future economic, social, physical, environmental, and fiscal
development while taking into account projected population growth, public facility needs,
development over a five-year and 10-year period, comprehensive plans of adjacent local
governments, and future land use.
A comprehensive plan amendment may be classified as a small-scale amendment if the
amendment involves less than 10 acres of land, does not impact land located in an area of critical
state concern, preserves the internal consistency of the overall local comprehensive plan, and
does not require substantive changes to the text of the plan. Small-scale plan amendments may
be approved with a single hearing before the local government's governing body and do not
require review by the Department of Economic Opportunity.
CS/CS/SB 1274 increases the maximum acreage of a small-scale comprehensive plan
amendment from 10 acres to 50 acres. It also increases the maximum acreage for a small-scale
comprehensive plan amendment within a rural area of opportunity from 20 acres to 100 acres.
Additionally, the bill provides that any landowner with a development order existing before the
incorporation of a municipality may elect to abandon the development order and develop the
vested density and intensity contained therein pursuant to the municipality's comprehensive plan
and land development regulations so long as the vested uses, density, and intensity are consistent
BILL: CS/CS/SB 1274 Page 2
with the municipality's comprehensive plan, and all existing concurrency obligations in the
development order remain valid.
The bill also allows an entity created by interlocal agreement between local governments to
acquire title to any water or wastewater plant utility facilities, other facilities, or property
acquired by the use of eminent domain if 10 or more years have passed since the date of eminent
domain acquisition.
The bill may have a positive fiscal impact on state and local governments.
II. Present Situation:
Community Planning Act
The Community Planning Act provides counties and municipalities with the power to plan for
future development by adopting comprehensive plans.1 Each county and municipality must
maintain a comprehensive plan.2 Municipal comprehensive plans cover the total area of the
municipality's jurisdiction, and any unincorporated areas adjacent to the municipality that the
municipality and the county agree should be covered by the municipality's plan.3 County
comprehensive plans cover the county's total unincorporated area, but plans for charter counties
may include municipalities within their jurisdictions.4 Counties and municipalities may also enter
into interlocal agreements with other counties or municipalities to exercise their planning
powers.5
Each county and municipality must establish a local planning agency.6 The local planning
agency is responsible for managing the comprehensive planning program.7 The duties of the
local planning agency include:8
 Preparing the comprehensive plan and plan amendments;
 Monitoring the effectiveness and status of the comprehensive plan and recommending
changes to the local governing body, including periodic evaluation and appraisal of the plan
as required by law;9
 Reviewing proposed land development regulations and land development codes for
consistency with the adopted comprehensive plans; and
 Performing any other functions, duties, and responsibilities assigned by the local governing
body, general law, or special law.
1 Section 163.3167(1), F.S.
2
Section 163.3167(2), F.S. The Ready Creek Improvement District, an independent special district created by ch. 67-764,
Laws of Fla., may exercise the powers of the act as if it were a municipality. Section 163.3167(6), F.S.
3
Section 163.3171(1), F.S.
4
Section 163.3171(2), F.S.
5
Section 163.3171(3), F.S.
6
Section 163.3174(1), F.S. If a county or municipality has entered into an interlocal agreement under s. 163.3171, F.S., to
exercise its planning powers under the Community Planning Act, those counties and municipalities may establish a joint local
planning agency.
7
Section 163.3174(4), F.S.
8
Section 163.3174(4)(a)-(d), F.S.
9
Section 163.3191, F.S.
BILL: CS/CS/SB 1274 Page 3
The local governing body may designate itself as the local planning agency or assign the powers
to a local planning commission, a planning department, or another body.10
The Department of Economic Opportunity (DEO) serves as the state land planning agency.11
Community Planning and Development
The Community Planning Act12 also governs community and land development in Florida. The
Community Planning Act details how local governments create, adopt, and maintain their local
comprehensive plans, which address a broad array of property rights, land use, and planning
aspects of the land area within their jurisdiction.13 A crucial aspect of a local government's
community planning activities involves granting and denying rights related to real property use
and development.
Development Permits and Orders
The Community Planning Act defines "development" as "the carrying out of any building
activity or mining operation, the making of any material change in the use or appearance of any
structure or land, or the dividing of land into three or more parcels."14 When a party wishes to
engage in development activity, they must seek a development permit from the appropriate local
government having jurisdiction. Under the Community Planning Act, a development permit
includes "any building permit, zoning permit, subdivision approval, rezoning, certification,
special exception, variance, or any other official action of local government having the effect of
permitting the development of land."15 Once a local government has officially granted or denied
a development permit, the official action constitutes a development order.16 A development order
vests certain rights related to the land.17
Development Orders in Newly Incorporated Municipalities
Municipalities established after the effective date of the Community Planning Act must prepare
and adopt a comprehensive plan within 3 years after the date of such incorporation. A county
comprehensive plan is controlling until the municipality adopts a comprehensive plan. A
municipal comprehensive plan adopted after January 1, 2019, and all land development
regulations adopted to implement the comprehensive plan must incorporate each development
order existing before the comprehensive plan's effective date, may not impair the completion of a
development in accordance with such existing development order, and must vest the density18
10
Section 163.3174(1), F.S.
11
Section 163.3164(44), F.S.
12
Part II of ch. 163, F.S.
13
Section 163.3167(1)(b), F.S.
14
Section 163.3164(14), F.S.
15
Id. at (16).
16
See id. at (15).
17
See s. 163.3167(3), F.S.
18
“Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as
residents or employees per acre. Section 163.3164(12), F.S.
BILL: CS/CS/SB 1274 Page 4
and intensity19 approved by such development order existing on the effective date of the
comprehensive plan without limitation or modification.20
Comprehensive Plans and Plan Amendments
Comprehensive plans are intended to provide for "orderly and balanced future economic, social,
physical, environmental, and fiscal development" in a county or municipality.21 A
comprehensive plan must take into account:22
 Projected seasonal and permanent population growth;
 Current and existing public facility needs;
 Coordination with the local comprehensive plans of adjacent municipalities and counties;
 Consideration of two planning periods, one covering at least five years and another covering
at least 10 years; and
 A future land use plan element.
Comprehensive plan amendments fit into one of three categories based on both the size and
nature of the area impacted by the proposed amendment. These categories include:23
 General amendments subject to the expedited state review process;
 Small-scale development amendments subject to the small-scale review process; and
 Amendments subject to the state coordinated review process.24
Expedited State Review Process
The expedited state review process is the default method for the consideration of local
comprehensive plan amendments.25 The process begins with a public hearing conducted by a
county or municipality's governing body to approve of transmitting the proposed amendment for
review.26 Within 10 working days after the public hearing, the county or municipality must
transmit the amendment, as well as any supporting documentation, to the following agencies for
review:27
 DEO;
 The appropriate regional planning council;
 The appropriate water management district;
 Department of Environmental Protection;
19
“Intensity” means 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 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. Section 163.3164(22), F.S.
20
Section 163.3167(3), F.S.
21
Section 163.3177(1), F.S.
22
Section 163.3177(1), (3)-(6), F.S.
23
Section 163.3184(2), F.S.
24
Section 163.3184(2)(c), F.S. These amendments include amendments in areas of critical state concern pursuant to
s. 380.05, F.S., propose a rural land stewardship area pursuant to s. 163.3248, F.S., propose or amend a sector plan pursuant
to s .163.3245, F.S., update a comprehensive plan based on evaluation and appraisal pursuant to s. 163.3191, F.S., propose a
development that is subject to state coordinated review pursuant to s. 380.06, F.S., and plans for newly incorporated
municipalities adopted pursuant to s. 163.3167, F.S.
25
See s. 163.3184(2)(a), F.S.
26
Section 163.3184(3)(a), (11)(a), F.S.
27
Section 163.3184(1)(c), (3)(b)1., F.S.
BILL: CS/CS/SB 1274 Page 5
 Department of State;
 Department of Transportation;
 The commanding officer of any affected military installation listed in s. 163.3175, F.S.;
 Department of Education, if the plan amendment relates to public schools;
 The Fish and Wildlife Conservation Commission and the Department of Agriculture and
Consumer Services, if the plan amendment is to a county comprehensive plan; and
 The county in which the municipality is located, if the plan amendment is to a municipal
comprehensive plan.
The county or municipality also must transmit the amendment and supporting documentation to
any other local government or government agency that made a written request with the
governing body.28 State agencies review the proposed amendment for any adverse impacts on
important state resources and facilities that fall within their respective jurisdictions.29 Regional
planning councils consider any adverse impacts of the amendment on regional resources or
facilities identified in the strategic regional policy plan and any extra-jurisdictional impacts that
would be inconsistent with the comprehensive plan of any affected local government within the
region.30 Comments from counties and municipalities are limited to the proposed amendment's
impact on that local government's comprehensive plan.31
After receiving comments from the reviewing agencies and local governments, the county or
municipality's governing body conducts a second public hearing to consider adopting the
proposed amendment.32 If the proposed amendment is adopted, the county or municipality's
governing body must submit the amendment, as well as any supporting documentation, to DEO
and any other agency or local government that provided timely comments within 10 working
days after the hearing.33 DEO must review the amendment for any deficiencies and inform the
county or municipality within five working days.34 The amendment becomes effective 31 days
after DEO notifies the local government that the plan amendment package is complete unless the
amendment has been timely challenged, in which case the amendment does not become effective
until DEO or the Administration Commission enters a final order determining the adopted
amendment is in compliance.35
28
Section 163.3184(3)(b)1., F.S.
29
Sections 163.3184(3)(b)2., (3)(b)4., F.S. DEO, as the state land planning agency, provides comments on the impacts of any
important state resources and facilities outside of the jurisdiction of other commenting agencies.
30
Section 163.3184(3)(b)3.a., F.S.
31
Section 163.3184(3)(b)3.b.-c., F.S.
32
Section 163.3184(3)(c)1., F.S. Except for amendments concerning developments of regional impact, an amendment is
considered withdrawn if the public hearing is not conducted within 180 days after receiving agency comments.
33
Section 163.3184(3)(c)2., F.S.
34
Section 163.3184(3)(c)3., F.S.
35
Section 163.3184(3)(c)4., F.S. The Administration Commission is composed of the Governor and Cabinet. Section 14.202,
F.S.
BILL: CS/CS/SB 1274 Page 6
Small-Scale Comprehensive Plan Amendments
A small-scale comprehensive plan amendment must meet four criteria:36
 The proposed amendment involves the use of 10 or fewer acres of land (20 acres in a rural
area of opportunity);37
 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;38 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 county's
governing body or municipality for approval.39 Small-scale comprehensive plan amendments do
not require review by DEO or other state agencies.40
Any affected person may challenge the amendment by filing a petition with the Division of
Administrative Hearings.41 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 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.42
If the ALJ finds that the amendment complies 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.43 If the ALJ does not find that the amendment
complies, 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 county or municipality's governing body.44 If the amendment is ch