This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0739.LAV
DATE: 2/3/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 739 Local Government Land Development Actions
SPONSOR(S): Borrero
TIED BILLS: IDEN./SIM. BILLS: SB 1248
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
Darden Miller
2) Commerce Committee
3) State Affairs Committee
SUMMARY ANALYSIS
The Community Planning Act (Act) governs how local governments create and adopt their local comprehensive
plans. The provisions of the Act are implemented at the local level by land development regulations, such as
zoning and other housing-related ordinances, adopted by each county and municipality to be consistent with
and to implement their adopted comprehensive plans. A development permit is any official action of a local
government that effectively authorizes the development of land including, but not limited to, building permits,
zoning permits, subdivision approval, rezoning, certifications, special exceptions, and variances. A
development order is issued by a local government and grants, denies, or grants with conditions an application
for a development permit.
The bill prohibits local governments that have noted a deficiency in an application for a development order,
development permit, or building permit, from requesting additional information from the applicant beyond
information on the noted deficiency or new issues raised by the applicant. This provision applies to building
permit applications even if a local government ordinance would otherwise allow additional requests for
information.
The bill requires each local government to adopt to adopt residential infill development (RID) standards in its
local land use regulations by October 1, 2022. The standards must include a list of guidelines for determining
whether a development qualifies as a RID, guidelines to assist an applicant in determining if an area qualifies
as a RID, and requires the applicant consider certain factors. A local government may not approve a RID if it
contains multiple deficiencies, unless the applicant can show the benefits of the development outweigh the
impact of any deficiencies, but must approve any request for a RID that shows compliance with the general
intent and development standards of this provision. Denials of an application for a RID are appealed to the
local government planning commission. The bill requires each local government to amend its development
regulations to include residential infill development as a zoning classification and incorporate the classification
as an appropriate land use classification under the local government’s comprehensive plan.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Community Planning Act
Adopted in 1985, the Local Government Comprehensive Planning and Land Development Regulation
Act,
1
also known as Florida’s Growth Management Act, was significantly revised in 2011, becoming the
Community Planning Act (Act).
2
The Community Planning Act governs how local governments create
and adopt their local comprehensive plans.
Local comprehensive plans must include principles, guidelines, standards, and strategies for the orderly
and balanced future land development of the area and reflect community commitments to implement
the plan. The intent of the Act is that local governments manage growth through comprehensive land
use plans that facilitate adequate and efficient provision of transportation, water, sewage, schools,
parks, recreational facilities, housing, and other requirements and services.
3
A housing element is
required as part of every comprehensive plan. Among other things, the housing element must address
“the creation or preservation of affordable housing to minimize the need for additional local services
and avoid the concentration of affordable housing units only in specific areas of the jurisdiction.”
4
Municipalities established after the effective date of the Act must adopt a comprehensive plan within
three years after the date of incorporation.
5
The county comprehensive plan controls until a municipal
comprehensive plan is adopted.
6
The comprehensive plan is 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.
7
Land Development Regulations
Land development regulations are the method by which local governments implement their
comprehensive plan. Within one year of adoption or revision of its comprehensive plan, a county or
municipality must adopt or amend their land development regulations to ensure they are consistent with
and implement the plan.
8
Local land development regulations must contain specific and detailed provisions for implementing the
adopted comprehensive plan, and shall, at a minimum:
Regulate the subdivision of land;
Regulate the use of land and water for those land use categories included in the land use
element and ensure the compatibility of adjacent uses and provide for open space;
Provide for protection of potable water wellfields;
Regulate areas subject to seasonal and periodic flooding and provide for drainage and
stormwater management;
Ensure the protection of environmentally sensitive lands designated in the comprehensive plan;
Regulate signage;
1
See ch. 85-55, s. 1, Laws of Fla.
2
See ch. 2011-139, s. 17, Laws of Fla. See also s. 163.3161(1), F.S. The Act is codified as ch. 163, part II, F.S.
3
S. 163.3161(4), F.S.
4
S. 163.3177(6)(f)1.g., F.S.
5
S. 163.3167(3), F.S.
6
Id.
7
S. 163.3202, F.S.
8
S. 163.3202(1), F.S. STORAGE NAME: h0739.LAV PAGE: 3
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Provide that public facilities and services meet or exceed the standards established in the
capital improvements element required by s. 163.3177, F.S. and are available when needed for
the development, or that development orders and permits are conditioned on the availability of
these public facilities and services necessary to serve the proposed development;
9
Ensure safe and convenient onsite traffic flow, considering needed vehicle parking;
Maintain the existing density of residential properties or recreational vehicle parks, if the
properties are intended for residential use and are located in the unincorporated areas that have
sufficient infrastructure, as determined by a local governing authority, and are not located within
a coastal high-hazard area under s. 163.3178, F.S.; and
Incorporate preexisting development orders identified pursuant to s. 163.3167(3), F.S.
10
Local governments are encouraged to use “innovative land development regulations,” such as transfers
of development rights, incentive and inclusionary zoning, planned unit development, impact fees, and
performance zoning.
11
All land development regulations must be combined and complied into a single
land development code for the jurisdiction. A general zoning code is not required if the local
government’s adopted land development regulations comply with statute.
12
The Department of Economic Opportunity (DEO), as the state land planning agency, is responsible for
adopting rules for review and schedules for adoption of land development regulations.
13
DEO may
review land development regulations if there are reasonable grounds to believe a local government has
not adopted one or more required land development regulations.
14
DEO must provide written notice to
the local government within 30 days stating whether the local government has adopted the required
regulations.
Development Orders and Permits
Under the Community Planning Act, a development permit is any official action of a local government
that has the effect of permitting the development of land including, but not limited to, building permits,
zoning permits, subdivision approval, rezoning, certifications, special exceptions, and variances.
15
A
development order is issued by a local government and grants, denies, or grants with conditions an
application for a development permit.
16
Within 30 days of receiving an application for a development permit or development order, a county or
municipality must review the application and issue a letter to the applicant indicating that the application
is complete or specifying the deficiencies.
17
If the county or municipality identifies deficiencies, the
applicant has 30 days to submit the required additional information.
18
If a county or municipality requests additional information from the applicant and the applicant provides
the information within 30 days of receiving the request, the county or municipality must:
Review the additional information and issue a letter to the applicant indicating that the
application is complete or specifying the remaining deficiencies within 30 days of receiving the
information, if the request is the county or municipality’s first request;
Review the additional information and issue a letter to the applicant indicating that the
application is complete or specifying the remaining deficiencies within 10 days of receiving the
information, if the request is the county or municipality’s second request; and
Deem the application complete within 10 days of receiving the information or proceed to
process the application for approval or denial unless the applicant waived the county or
9
A local government may not issue a development order or permit that results in a reduction in the level of services for the affected
public facilities below the level of services provided in the local government's comprehensive plan.
10
S. 163.3202(2), F.S.
11
S. 163.3202(3), F.S.
12
Id.
13
S. 163.3202(6), F.S.
14
S. 163.3202(4), F.S.
15
S. 163.3164(16), F.S.
16
See ss. 125.022, 163.3164(15), and 166.033, F.S.
17
Ss. 125.022(1) and (2), and 166.033 (1) and (2), F.S.
18
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municipality’s time limitations in writing, if the request is the county or municipality’s third
request.
19
Before a third request for information, the applicant must be offered a meeting to attempt to resolve
outstanding issues.
20
If the applicant believes the request for additional information is not authorized by
ordinance, rule, statute, or other legal authority, the applicant may request the county or municipality
proceed to process the application for approval or denial.
21
If denied, the county or municipality is
required to give written notice to the applicant and must provide reference to the applicable legal
authority for the denial of the permit.
22
When reviewing an application for a development permit or development order, not including building
permit applications, a county or municipality may not request additional information from the applicant
more than three times, unless the applicant waives the limitation in writing.
23
Once an application is deemed complete, a county or municipality must approve, approve with
conditions, or deny the application within 120 days or 180 days for applications that require final action
through a quasi-judicial hearing or a public hearing.
24
Building Permit Applications
Local governments are required to review certain building permit applications within a specified time
period after receiving the application.
25
These permit types include, but are not limited to, construction
or installation of an accessory structure, installation of an alarm system, a nonresidential building less
than 25,000 square feet, electric, plumbing, mechanical, or roofing systems, master building permits, or
the construction of single-family residential buildings.
26
When a local government receives an application for a building permit, except for master building
permits, and single-family residential buildings, the local government must:
27
Inform the applicant within 10 days of receiving the application what additional information, if
any, is needed to complete the application;
28
Notify the applicant within 45 days of the application being deemed complete if additional
information is necessary to determine the sufficiency of the application;
29
and
Approve, approve with conditions, or deny the application within 120 days following receipt of
the completed application.
30
These time limitations do not apply when a law, agency rule, or local ordinance specify different
timeframes for review of local building permit applications, for permits for wireless communication
facilities, or when both parties agree to an extension.
31
Local governments are required to reduce the permit fee for any building permit application by 10
percent of the original permit fee for each business day that a local government fails to meet the time
19
Ss. 125.022(2)(b)-(d) and 166.033(2)(b)-(d), F.S.
20
Ss. 125.022(2)(d) and 166.033(2)(d), F.S.
21
Ss. 125.022(2)(e) and 166.033(2)(e), F.S.
22
Ss. 125.022(3) and 166.033(3), F.S.
23
Ss. 125.022(2)(a) and 166.033(2)(a), F.S.
24
Ss. 125.022(1) and 166.033(1), F.S.
25
S. 553.792, F.S.
26
S. 553.792(2), F.S.
27
S. 553.792(1), F.S.
28
If the local government fails to provide written notice to the applicant within the 10-day window, the application is deemed to be
properly completed.
29
If additional information is needed the local government must specify what additional information is necessary.
The applicant may submit the additional information to the local government or request that the local government act on the application
without the additional information.
30
This period is tolled during the time an applicant is responding to a request for additional information and may be extended by mutual
consent of the parties.
31
S. 553.792(2), F.S. STORAGE NAME: h0739.LAV PAGE: 5
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period required for building permit application approval by statute or local ordinance.
32
This requirement
does not apply if the local government and the applicant have agreed to an extension of time to
process the permit.
Growth Policy Act
Enacted in 1999, the Growth Policy Act (GPA)
33
encourages state and local governments to work with
private sector entities to promote and sustain urban cores by encouraging infill development and
redevelopment.
34
The GPA allows local governments to designate areas within their jurisdiction as
“urban infill and redevelopment areas” for the purpose of targeting economic development, job creation,
housing, transportation, crime prevention, neighborhood revitalization and preservation, and land use
incentives.
35
Each urban infill and redevelopment area must:
Have access to public services such as water and wastewater, transportation, schools, and
recreation (or be scheduled to have access to these services in the local government’s adopted
five-year schedule of capital improvements)
Suffer from pervasive poverty, unemployment, and general distress as defined by s. 290.0058,
F.S.;
Have a proportion of properties that are substandard, overcrowded, dilapidated, vacant or
abandoned, or functionally obsolete that is higher than the average for the local government;
Have a majority of its area with one quarter of a mile of a transit stop; and
Either include or be adjacent to a community redevelopment area, brownfield, enterprise zone,
or Main Street programs, or have been designed by state or federal government as an urban
redevelopment, revitalization, or infill area under empowerment zone, enterprise community, or
brownfield showcase community programs or similar programs.
36
Local governments are encouraged to work with community partners, such as neighborhood groups,
financial institutions, religious organizations, businesses, schools, and residents, to design and
implement an urban infill and redevelopment plan.
37
The plan must demonstrate the local government
and community's commitment to comprehensively address the problems within the urban infill and
redevelopment area and identify activities and programs to accomplish locally identified goals to
improve both the residential and commercial quality of life in the area.
38
The plan may be a new plan
drafted for the area, or use an existing plan (or combination of plans) developed for a community
redevelopment area, Florida Main Street program area, Front Porch Florida Community, sustainable
community, enterprise zone, or neighborhood improvement district. Each plan must:
Contain a map of the area;
Confirm the area is within an area designated for urban uses in the local government's
comprehensive plan;
Identify, map, and provide a framework for coordinating infill and redevelopment programs with
other revitalization programs (such as enterprise zones, community redevelopment agencies,
brownfield areas, downtown redevelopment districts, neighborhood improvement districts, and
historic preservation districts);
Include a memorandum of understanding between the district school board and the local
government regarding public school facilities located within area to identify how the school
board will prioritize enhancing public school facilities and programs in the area (including the
reuse of existing buildings for schools within the area);
State the community preservation and revitalization goals and projects for each neighborhood in
the area and discuss how those goals and projects may be implemented;
Identify how the local government and community-based organizations intend to implement
affordable housing programs, including, but not limited to, economic and community
development programs administered by federal and state agencies, within the area;
32
S. 553.792(1)(b), (2)(b), F.S.
33
Ss. 163.2511-163.2520, F.S.
34
S. 163.2511, F.S.
35
S. 163.2517(1), F.S.
36
S. 163.2514(2), F.S.
37
S. 163.2517(2), F.S.
38
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Identify strategies for reducing crime;
Provide guidelines for adopting land development regulations specific to the urban infill and
redevelopment area which include, for example, setbacks and parking requirements appropriate
for urban development.
Identify and map any existing transportation concurrency exception areas and any relevant
public transportation corridors designated by a metropolitan planning organization in its long-
range transportation plans or by the local government in its comprehensive plan for which the
local government seeks designation as a transportation concurrency exception area;
Adopt a package of financial incentives to encourage new development, expansions of existing
development, and redevelopment;
Identify how activities and incentives will be coordinated and what administrative mechanisms
the local government will use for the coordination;
Identify how partnerships with the financial and business community will be developed;
Identify the governance structure that the local government will use to involve community
representatives in the implementation of the plan; and
Identify performance measures to evaluate the success of the local government in implementing
the plan.
39
The local government may adopt the selected plan by ordinance.
40
If the plan is adopted, the local
government must amend its comprehensive plan to delineate the boundaries of the urban infill and
redevelopment area within the future land use element.
41
A local government that has adopted a plan under the Growth Policy Act may use revenue bonds and
tax increment financing in the same manner as community redevelopment agencies for the purposes of
implementing the plan as well as exercise the powers of a neighborhood improvement district, including
the authority to levy special assessments.
42
These powers are lost if the combined amount of annual
residential, commercial, and institutional development within the area does not increase by at least ten
percent during the local government’s seven-year comprehensive plan review cycle.
43
Effect of Proposed Changes
The bill provides that once a local government has noted deficiencies in an application for a
development order, development permit, or building permit, the local government may only request
additional information on the noted deficiency or new issues raised by the applicant and may not
request additional information on the original application. This provision applies to building permit
applications even if a local government ordinance would otherwise allow additional requests for
information.
The bill requires each local government to adopt residential infill development standards in its local land
use regulations by October 1, 2022. The adopted standards must be considered in local land use
decision making. The bill defines a “residential infill development” (RID) as an area consisting of a
development or subdivision of land designated by a local government where the dimensional
requirements of the land use district are relaxed and the local government review process is expedited.
The bill requires each local government to adopt the following guidelines as part of their standards:
The size of the land development or subdivision may be below the minimum dimensional
requirements otherwise applicable for the land use category where it is located;
The RID may not exceed the maximum allowable density established by the local government’s
comprehensive plan;
The RID must be located in an area with a defined development pattern;
A RID must be located within one or more residential suburban or low land use districts;
39
S. 163.2517(3)(a)-(n), F.S.
40
S. 163.2517(5), F.S.
41
S. 163.2517(4), F.S.
42
Ss. 163.2520(1), (2), F.S.
43
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A RID must be located within an area with sufficient services to avoid future public service
deficiencies, including schools, public water and sewer, road capacities, law enforcement, fire,
emergency medical services, and reasonable proximity to public parks;
A RID must be on a parcel that is adjacent to similar development;
Lots within a RID must be at least as large as the average lot size in the immediate vicinity;
Building setbacks must at least equal to those on abutting parcels and be consistent with the
dimensional requirements of the land use district specified in the local government’s
comprehensive plan;
If a RID abuts a roadway stub-out, new roadways constructed in the RID must connect to the
stub-out;
Stormwater retention facilities within a RID may not be constructed to degrade or adversely
affect the existing character of the immediate vicinity;
A RID may not be larger than 120 acres and development may not be phased or incrementally
expanded to circumvent the average limit; and
Building types within the RID may only include types that exist on any parcel in the immediate
vicinity (excluding mobile homes).
The bill also requires each local government to adopt guidelines to be used by applicants seeking to
construct a RID. The guidelines require the applicant to:
Consider the impact of the RID on the surrounding pattern of development and whether the RID
is consistent with the density and dimensional requirements of adjoining land tracts;
Consider the surrounding pattern of development; and
Confirm certain types of concurrency by completing a checklist provided by the local
government.
The bill provides a suggested, but not required, template for the checklist.
The bill states that a local government may not approve an application for a RID if the application
contains “many” deficiencies. The bill states that the applicant is responsible for showing that the
benefits of the development are sufficient to outweigh any deficiencies in services. The local
government must approve any request for a RID that shows compliance with the general intent and
development standards stated in the new statutory provision. Denials of an application for a RID are
appealed to the local government planning commission.
The bill requires each local government to amend its development regulations to include residential infill
development as a zoning classification and incorporate the classification as an appropriate land use
classification under the local government’s comprehensive plan.
B. SECTION DIRECTORY:
Section 1: Amends s. 125.022, F.S., concerning development orders and permits issued by
counties.
Section 2: Amends s. 166.033, F.S., concerning development orders and permits issued by
municipalities.
Section 3: Amends s. 163.3202, F.S., requiring local governments to adopt residential infill
development standards as part of their land development regulations.
Section 4: Amends s. 553.792, F.S., concerning building permit applications to local governments.
Section 5: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
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1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have a fiscal impact on local governments to the extent local governments must
amend their comprehensive plans to incorporate residential infill development standards before
October 1, 2022.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
because this bill requires counties and municipalities to adopt residential infill development standards
in its land use regulations by October 1, 2022. However, an exemption may apply, as laws having an
insignificant fiscal impact are exempt from the requirements of Art. VII, s. 18 of the Florida
Constitution.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Sections 1, 2, and 4 of the bill may result in delays in receiving permit approval, to the extent the
provisions of the bill result in applicants needing to resubmit rejected permit applications that contain
deficiencies that may have been corrected if the local government could asked for additional
information.
Section 3 of the bill uses the term “immediate vicinity” on several occasions, but does not provide a
definition of the term. The section also contains a checklist of requirements for residential infill
developments. These requirements would be better stated as criteria that may be certified in a format
developed by local governments.
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IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES