HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 439 Land Use and Development Regulations
SPONSOR(S): State Affairs Committee, Commerce Committee, Local Administration, Federal Affairs & Special
Districts Subcommittee, McClain
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1604
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 13 Y, 3 N, As CS Mwakyanjala Darden
Districts Subcommittee
2) Commerce Committee 16 Y, 2 N, As CS Larkin Hamon
3) State Affairs Committee 12 Y, 6 N, As CS Mwakyanjala Williamson
SUMMARY ANALYSIS
The Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA) provides an informal mechanism for
a property owner to challenge a government action that may infringe on his or her property without having to file a
lawsuit. Under FLUEDRA, a property owner who believes that a government notice or order unfairly or
unreasonably burdens his or her property may file a request for relief with the government that issued the notice or
order, which will then be turned over to a special magistrate with the authority to facilitate a resolution.
Counties and municipalities plan for future development and growth by adopting, implementing, and amending, as
necessary, comprehensive plans, which contain elements to address certain issues. Comprehensive plans are
implemented via land development regulations.
Related to FLUEDRA, the bill allows a negotiated settlement between a property owner and a local government to
include resolutions similar to those a special magistrate is authorized to recommend; and provides that the special
magistrate’s recommendations or negotiated settlements inconsistent with the local comprehensive plan may be
deemed consistent if the recommendations or settlements are found to protect the public interest.
Related to comprehensive planning, the bill:
 Revises data sources used in consideration of the comprehensive plan and plan amendments;
 Increases the length of required planning period to 10 years, from 5 years, and to 20 years, from 10 years;
 Revises the comprehensive plan evaluation and appraisal process to ensure timely updates;
 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 a local government from requiring building design elements for certain residential structures in
planned unit developments, master planned communities, or communities with a design review board or
architectural review board created on or after January 1, 2020.
 Provides that holders of transportation or road impact fee credits are entitled to the full benefit of density or
intensity prepaid by those credits when the local government adopts an alternative mobility funding system;
 Allows developers of an affordable housing project to expand the project onto an adjacent parcel, subject
to certain conditions;
 Revises the electric substation approval process to apply to all new and existing substations; and
 Precludes an independent special district from complying with development agreements and certain other
agreements if the agreements were executed within three months before the effective date of a law
modifying the selection manner of the governing body of the district.
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: h0439d.SAC
DATE: 4/20/2023
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Florida Land Use and Environmental Dispute Resolution Act
In 1995, the Legislature adopted the Florida Land Use and Environmental Dispute Resolution Act
(“FLUEDRA”), codified as s. 70.51, F.S., to facilitate the resolution of disputes between property owners
and governmental entities.1 FLUEDRA provides an informal mechanism for a property owner to challenge
a government action that may infringe on his or her property without having to file a lawsuit.
FLUEDRA does not create a private cause of action or require that a property owner do anything before
exercising his or her right to file a lawsuit.2 Under FLUEDRA, a property owner who believes that a
government notice or order unfairly or unreasonably burdens his or her property may, within 30 days of
receiving the notice or order, file a request for relief with the governmental entity that issued the notice or
order.3 The governmental entity must forward the request to a special magistrate, who must hold a hearing
within 45 days of receiving the request for relief.4 The special magistrate's primary role is to facilitate a
resolution of the conflict between the property owner and governmental entity without involving the courts.5
In this role, the special magistrate acts as a facilitator or mediator. 6
If the parties cannot reach an agreement, the special magistrate must determine whether the government
action is unreasonable or unfairly burdens the property owner’s real property, based on a list of statutory
guidelines.7 Within 14 days of the hearing's conclusion, the special magistrate must submit a written
recommendation to the parties.8 If the special magistrate's recommendation is that the government action
does not unreasonably or unfairly burden the property, the property owner may still file suit or pursue other
remedies.9 If the recommendation is that the government action unreasonably or unfairly burdens the
property, the special magistrate may, with the property owner’s consent, recommend alternatives that allow
for reduced government restraints on the property, including, but not limited to:
 An adjustment of land development or permit standards or other provisions controlling the
development or use of land;
 Increases or modifications in the density, intensity, or use of areas of development;
 The transfer of development rights;
 Land swaps or exchanges;
 Mitigation, including payments in lieu of onsite mitigation;
 Location on the least sensitive portion of the property;
 Conditioning the amount of development or use permitted;
 A requirement that issues be addressed on a more comprehensive basis than a single proposed
use or development;
 Issuance of the development order, a variance, special exception, or other extraordinary relief,
including withdrawal of the enforcement action; and
 Purchase of the real property, or an interest therein, by an appropriate governmental entity. 10
1
See s. 70.51, F.S.
2 S. 70.51(24), F.S.
3 S. 70.51(3) and (4), F.S.
4 S. 70.51(15)(a), F.S. A “special magistrate” is a person selected by the parties to resolve the case. The special magistrate must be a
Florida resident with experience and expertise in mediation and at least one of the following disciplines and a working familiarity with the
others: land use and environmental permitting; land planning; land economics; local and state government organizations and po wers; and
the law governing the same. S. 70.51(2)(c) and (4), F.S.
5 See s. 70.51(17)(a), F.S.
6 Id.
7 S. 70.51(17)(b) and (18), F.S.
8 S. 70.51(19), F.S.
9 S. 70.51(19)(a), F.S.
10 S. 70.51(19)(b), F.S.
STORAGE NAME: h0439d.SAC PAGE: 2
DATE: 4/20/2023
 The governmental entity must respond within 45 days of receiving the special magistrate’s
recommendation and indicate whether it accepts, accepts in part, or rejects the recommendation. 11 If the
governmental entity accepts the recommendation in whole or in part, but the property owner rejects the
acceptance or modification, the governmental entity must put in writing within 30 days the specific
permissible uses of the property.12
The special magistrate's recommendation finding that the governmental entity acted unreasonably or
unfairly may serve as a basis to demonstrate entitlement to relief in a subsequent lawsuit or in other legal
proceedings.13 The FLUEDRA process may not continue longer than 165 days, unless the parties agree
otherwise.14
Comprehensive Plans
Each county and municipality must plan for future development and growth by adopting, implementing, and
amending as necessary a comprehensive plan.15 Comprehensive plans are implemented through land
development regulations and elements.16 Each comprehensive plan contains elements that address future
land use, housing, transportation, infrastructure, coastal management, conservation, recreation and open
space, intergovernmental coordination, and capital improvements.
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 must notify the state land planning agency as to its determination.17 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.18 Local governments are encouraged to evaluate and update their comprehensive
plans to reflect changes in local conditions.19 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 that an evaluation is submitted. 20
Comprehensive plans must include at least two planning periods, one covering the first five-year period
occurring after the plan’s adoption and one covering at least a 10-year period.21 Additional planning periods
are permissible and accepted as part of the planning process.
All elements of a plan or plan amendment must be based on relevant, appropriate data22 and an analysis
by the local government.23 The data supporting a plan or amendment must be taken from professionally
accepted sources.24 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. 25 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. 26
11
S. 70.51(21), F.S.
12 S. 70.51(22), F.S.
13 S. 70.51(25), F.S.
14 S. 70.51(23), F.S.
15 Ss. 163.3167(2), 163.3177(2), F.S.
16
S. 163.3167(1)(c), F.S.
17 S. 163.3191(1), F.S. The state land planning agency is the Department of Economic Opportunity. S. 163.3164(44), F.S.
18 S. 163.3191(2), F.S. The review process is pursuant to s. 163.3184(4), F.S., the state coordinated review process for compreh ensive
plans and plan amendments.
19 S. 163.3191(3), F.S.
20 S. 163.3191(4), F.S.
21 S. 163.3177(5)(a), F.S.
22 “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.
23 S. 163.3177(1)(f), F.S.
24S. 163.3177(1)(f)2., F.S.
25 S. 163.3177(1)(f)3., F.S.
26 S. 163.3177(1)(f), F.S.
STORAGE NAME: h0439d.SAC PAGE: 3
DATE: 4/20/2023
 Land Development Regulations
Comprehensive plans are implemented via land development regulations. Each county and municipality
must adopt and enforce land development regulations, such as zoning or other housing-related
ordinances, that are consistent with and implement their adopted comprehensive plan. 27 Local
governments are encouraged to use innovative land development regulations 28 and may adopt measures
for the purpose of increasing affordable housing using land-use mechanisms.29
All local government land development regulations must be consistent with the local comprehensive plan. 30
Additionally, all public and private development, including special district projects, must be consistent with
the local comprehensive plan.31 However, plans cannot require any special district to undertake a public
facility project that would impair the district’s bond covenants or agreements. 32
Local governments are generally prohibited from adopting land development regulations relating to building
design elements for single-family or two-family dwellings.33 This prohibition does not apply to:
 Dwellings listed in, or located in a historic district listed in, the National Register of Historic Places;
 Dwellings listed as a historic property or located in a historic district as determined by a local
preservation ordinance;
 Regulations adopted in order to implement the National Flood Insurance Program;
 Regulations adopted in accordance and compliance with procedures established for the adoption of
local amendments to the Florida Building Code;
 Dwellings located in a community redevelopment area;
 Regulations that are required to ensure protection of coastal wildlife in compliance with the Dennis
L. Jones Beach and Shore Preservation Act or the Florida Water Resources Act of 1972;
 Dwellings located in a planned unit development or a master planned community created by a local
governing body; or
 Dwellings located within the jurisdiction of a local government that has a design review board or
architectural review board.34
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.35 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.36 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
27 S. 163.3202, F.S.
28 S. 163.3202(3), F.S.
29
Ss. 125.01055 and 166.04151, F.S.
30 S. 163.3194(1)(b), F.S.
31 See ss. 163.3161(6) and 163.3194(1)(a), F.S.
32 S. 189.081(1), F.S.
33 S. 163.3202(5)(a), F.S. Building design elements include external building color; the type or style of exterior cladding mate rial; the style or
material of roof structures or porches; the exterior nonstructural architectural ornamentation; the location or architectural st yling of windows
or doors; the location or orientation of the garage; the number and type of rooms; and the interior layout of room s, but does include the
height, bulk, orientation, location of a dwelling on a zoning lot, or the use of buffering or screening to minimize potential adverse physical or
visual impacts or to protect the privacy of neighbors. S. 163.3202(5)(b)1., F.S.
34 S. 163.3202(5)(a)1.-7., F.S.
35 S. 163.3177(6)(a), F.S. Applicable uses and categories of public and private uses of land include, but are not limited to, re sidential,
commercial, industrial, agricultural, recreational, conservation, educational, and publi c facilities. S. 163.3177(6)(a)10., F.S.
36 S. 163.3177(6)(a)1., F.S.
STORAGE NAME: h0439d.SAC PAGE: 4
DATE: 4/20/2023
 based on surveys, studies, and data regarding the area37 and the future land use element must include a
future land use map or map series.38
Zoning
Zoning maps and zoning districts are adopted by a local government for developments within each land
use category or sub-category. While land uses are general in nature, one or more zoning districts may
apply within each land use designation.39 Common regulations within the zoning map districts include
density,40 height and bulk of buildings, setbacks, and parking requirements.41 Regulations for a zoning
category in a downtown area may allow for more density and height than allowed in a suburb, for instance.
If a developer or landowner believes that a proposed development may have merit but it does not meet the
requirements of a zoning map in a jurisdiction, the developer or landowner can seek a rezoning through a
rezoning application which is reviewed by the local government and voted on by the governing body. 42 If a
property has unique circumstances or small nonconformities but otherwise meets zoning regulations, local
governments may ease restrictions on certain regulations such as build