Florida League of Cities

Land Development (Monitor) – Failed

CS/CS/CS/HB 1177 (Duggan) and SB 1110 (DiCeglie) amend various provisions related to land development regulations in Florida. The bills amend the Community Planning Act to require modifications to transportation concurrency system requirements for local governments, change to the adoption of impact fees by special districts, and adjustment provisions governing credits against local impact fees. The bills also address revisions in procedures regarding local government review of changes to previously approved developments of regional impact (DRIs), specifying certain types of changes that won't necessitate local government review. The bills allow for modifications to multimodal pathways in previously approved DRIs under specific conditions and outline that certain changes to comprehensive plan policies and land development regulations won't apply to developments with vested rights. Additionally, the legislation revises the criteria that constitute acts of reliance by a developer to vest rights. CS/CS/CS/HB 1177 was amended to prohibit local governments from requiring a notice, application, approval, permit, fee or mitigation for the pruning, trimming or removal of a tree on property being used for the construction or development of a veterans health care facility, as approved by the U.S. Department of Veterans Affairs. The bill was also amended to require local governments that implement a transportation concurrency system to credit the fair market value of any land dedicated to the entity for transportation facilities against the total proportionate share payments computed. The bill also specifies that local governments have exclusive power and responsibility to evaluate transportation’s impact, apply concurrency and assess any fee related to transportation improvements set forth in the bill’s subsection. The bill was amended further to permit a final order or decision by a municipally established historic preservation board or commission to be appealed to the board of county commissioners. (Cruz)