STORAGE NAME: h0203.HAT
DATE: 3/28/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 203
TITLE: Transportation Concurrency
SPONSOR(S): Grow
COMPANION BILLS: SB 1074 (McClain), SB 1738 (Ingolia)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism
Intergovernmental Affairs
Commerce
SUMMARY
Effect of the Bill:
The bill allows a local government’s comprehensive plan for transportation concurrency to identify facilities
necessary to either meet adopted levels of service or maintain current levels of service.
Fiscal or Economic Impact:
The bill has an indeterminate negative impact on local governments.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill amends Florida’s Community Planning Act. Specifically, for local governments that require transportation
concurrency, the bill provides that the capital improvement element of their respective comprehensive plans must
identify facilities necessary to meet adopted levels of service during a 5-year period or to maintain current levels of
service. (Section 1.)
In effect, the bill allows a local government that has imposed transportation concurrency requirements to identify
in its comprehensive plan only those facilities necessary to maintain current levels of service, not adopted levels of
service.
The bill has an effective date of July 1, 2025. (Section 2.)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill has an indeterminate fiscal or economic impact on local governments.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Planning Act
Under Florida’s Community Planning Act (CPA),
1 every local government
2 is required to plan for future
development and growth by adopting, implementing, and amending as necessary a comprehensive plan.
3 All
1
Pt. II, Ch. 163, F.S.
2
Local government means any county or municipality. S. 163.3164(29), F.S.
3
Ss. 163.3167(2), F.S. and 163.3177, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
elements of a plan or plan amendment must be based on relevant, appropriate data
4 and an analysis by the local
government which may include surveys, studies, the respective community’s goals and visions, and other data
available at the time of adopting the plan or amendment.
5
Among other requirements, each comprehensive plan must include a transportation element that addresses
mobility issues in relation to the size and character of the local government.
6 The purpose of the transportation
element is for the local government to plan a multimodal transportation system with an emphasis on public
transportation systems, where feasible.
7
The transportation element must:
Provide for a safe, convenient multimodal transportation system, coordinated with the future land use
map or map series and designed to support all elements of the comprehensive plan; and
Be coordinated with the plans and programs of any applicable metropolitan planning organization,
transportation authority, the Florida Transportation Plan, and the Department of Transportation adopted
work program.
8
Transportation Concurrency
Under Florida’s concurrency laws, certain public facilities and services must be in place and available to serve new
development no later than the issuance of a certificate of occupancy or its functional equivalent by a local
government.
9 “At its core, concurrency is a state requirement that development is not to proceed unless
infrastructure capacity and specific urban services are in place to service the new development.”
10 Sanitary sewer,
solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency
requirement on a statewide basis;
11 however, any local government may extend the concurrency requirement to
additional public facilities, such as transportation.
12
If a local government chooses to apply concurrency to transportation facilities, the local government’s
comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of
service to guide the local government’s application of concurrency to the transportation facilities.
13 Level of service
means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based
on and related to the operational characteristics of the facility; it must indicate the capacity per unit of demand for
each public facility.
14
Further, the premise of concurrency is that the public facilities will be provided in order to achieve and maintain
the adopted level of service standard.
15 A local government’s comprehensive plan that imposes transportation
4
To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on
that particular subject at the time of adoption of the plan or plan amendment at issue. S. 163.3177(1)(f), F.S.
5
S. 163.3177(1)(f), F.S.
6
S. 163.3177(6)(b), F.S.
7
Id.
8
Id.
9
S. 163.3180(2), F.S.
10
Chapin, Timothy S., T. Gregory, & J. Brown, Rethinking the Florida Transportation Concurrency Mandate (Aug. 2007),
https://gradschool.fsu.edu/sites/g/files/imported/storage/original/application/d4bd2fba3ffe3f180a973d0d838aac7c.pdf
(last visited Mar. 27, 2025).
11
S. 163.3180(1), F.S.
12
Id.
13
S. 163.3180(5)(a), F.S.
14
S. 163.3164(28), F.S.
15
S. 163.3180(5)(d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
concurrency must contain appropriate amendments to the capital improvements element
16 of its comprehensive
plan.
17
Under current law, for a local government that imposes transportation concurrency, the capital improvement
element of its comprehensive plan must identify facilities necessary to meet adopted levels of service during a 5-
year period.
18
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/CS/HB
1177
Duggan DiCeglie Died in the House. Among
other things, modified
requirements for local
governments implementing
transportation concurrency
requirements.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Housing, Agriculture & Tourism
Subcommittee
Curtin Fletcher
Intergovernmental Affairs
Subcommittee
Commerce Committee
16
“Capital improvement” means physical assets constructed or purchased to provide, improve, or replace a public facility and
which are typically large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require
multiyear financing. For the purposes of the CPA, physical assets that have been identified as existing or projected needs in the
individual comprehensive plan elements are considered capital improvements. S. 163.3164(7), F.S.
17
S. 163.3180(5)(d), F.S.
18
Id.