NAIOP OF NORTHEAST FLORIDA
Summary of HB 7207
Wyman Duggan, VP of Public Affairs
The Governor has signed HB 7207, the comprehensive growth management reform
legislation passed by the Legislature. The legislation amends several aspects of the growth
management regulatory scheme in Florida. Summary highlights of the legislation follow. The
law takes effect immediately.
Changes to Comprehensive Plan Amendments
The legislation revamps the procedures set forth in Chapter 163, Florida Statutes, by
which local governments may adopt and amend their local comprehensive plans.
Expedited Review Process

Adopts streamlined process of expedited review for all comprehensive plan future land
use map amendments except for small-scale land use amendments and those discussed
under State Coordinated Review below.

Limits individual agency comments to the potential effect on state resources within that
agency’s area of expertise; limits regional planning council and other local government
comments on comprehensive plan amendments to the relationship to regional or
municipal impacts.

State land planning agency is limited in review to comments provided by state agencies
and a determination that an important state resource or facility would be adversely
impacted; state agency’s determination must be supported by clear and convincing
evidence.

Amendments reviewed under expedited process become effective 31 days after the local
government has submitted the adoption package to the state land planning agency unless
challenged by DCA in writing; no Notice of Intent is published in the expedited review
process.

State land planning agency cannot intervene when a third party brings a challenge under
this process.

Removes limitation of no more than two cycles for submittals to the state land planning
agency per year.

Rule 9J-5 of Florida Administrative Code is repealed, but some portions have been
incorporated into Chapter 163, Florida Statutes.
Small- Scale Comprehensive Plan Amendments

Removes restriction on filing more than 1 application in a 12 month period for the same
property and also deletes restriction that would prohibit a landowner from filing an
application for amendment for adjacent property within 12 months of prior application.

Allows certain text changes that relate to small-scale amendment to be adopted
simultaneously with a small-scale land use amendment.

Removes density limitations for residential small-scale land use amendments.

Provides that in an administrative challenge, the standard of review is fairly debatable.

Prohibits the state land planning agency from intervening in an administrative challenge
to a small-scale amendment.
State Coordinated Review

Process for all other comprehensive plan amendments, notably those involving EARbased amendments, sector plans, areas of critical state concerns, rural land stewardship
areas and amendments for new local government comprehensive plans.

Very similar to the current review process for comprehensive plan amendments in
existing Chapter 163, Florida Statues.

In a challenge by a third party, the local government’s determination will be sustained
under a fairly debatable standard of review; the state land planning agency cannot
intervene in an action brought by a third party.

The state land planning agency can challenge an amendment within 45 days of receipt of
the final adoption package.

Maintains the current standard of review in a challenge brought by the state land planning
agency that the local government’s determination of compliance is presumed to be
correct unless shown by a preponderance of evidence that it was not in compliance.
Changes to Concurrency
The legislation significantly modifies how local governments may address the provision
of public infrastructure to serve new development, concurrent with the impacts of that
development (a.k.a. “concurrency”).

Concurrency for parks and recreation, schools, and transportation facilities, including
mass transit, is no longer mandated by State law and becomes optional for local
governments.
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
To rescind any optional concurrency elements currently in a local government
comprehensive plan, a local government must adopt a comprehensive plan amendment
rescinding such elements. This amendment is not subject to State review.

For local governments opting to keep transportation as a concurrency element, the new
legislation contains extensive and detailed provisions regarding: adopting and meeting
levels of service; preparing and adopting capital improvements elements; consulting with
FDOT; allowing proportionate share agreements to meet transportation concurrency; and
numerous specific requirements for any such proportionate share agreements. The
former provisions relating to “fair share” agreements have been deleted.

Provisions regarding Transportation Concurrency Exception Areas (TCEAs),
Transportation Concurrency Management Areas (TCMAs), long term concurrency
management systems, have been deleted.

For local governments opting to keep schools as a concurrency element, the new
legislation contains provisions regarding: adopting and meeting levels of service;
preparing and adopting capital improvements elements; and allowing proportionate share
agreements to meet school concurrency. Generally, these provisions add flexibility to a
local government’s options for implementing school concurrency.

It is important to note that, in setting forth minimum requirements for the transportation
element in local comprehensive plans, the new legislation keeps the general requirement
that local governments project future levels of service and transportation system needs,
and demonstrate how the local government will “correct existing facility deficiencies,
meet the identified needs of the projected transportation system, and advance the purpose
of [the transportation element].”
Developments of Regional Impact
HB 7207 amends Chapter 380, Florida Statutes, dealing with developments of
regional impact, as follows:
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
Authorizes local governments to issue development permits subsequent to a DRI
buildout date if the amount of proposed development that remains to be built is
less than 40% of DRI threshold (increased from 20%).

Substantial deviation thresholds and criteria have been changed for office,
commercial and attraction/recreation facility developments; additional exemption
criteria added.

A change in the DRI transportation proportionate share calculation and mitigation
due to recalculation is presumed not to be a substantial deviation.

The following types of development are no longer subject to DRI review:
industrial development, mining activity (provided certain criteria are satisfied),
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hotel/motel development, detailed specific area plans implementing a sector plan;
multiscreen movie theaters.

A 4 year extension of DRI commencement, phase, buildout, and expiration dates
is available upon written notice given prior to 12/31/11.

A local government may deny a proposed change to a DRI on the basis of local
issues, e.g. plat restrictions.

Dense Urban Land Area concept/definitions relocated from ch. 163 to ch. 380;
previously designated DULAs will retain DULA status for DRI purposes, even if
they no longer meet demographic criteria.

DRI aggregation criteria modified and aggregation threshold increased.
Sector Plans
Previously, Chapter 163, Florida Statutes provided a pilot program for an optional sector
plan process that was designed as an alternative to the DRI process. There were limitations to
the number of sector plans. The minimum size was 5,000 acres. HB 7207 modifies sector
planning provisions as follows:
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
Eliminates the pilot program for optional sector plans and establishes a minimum
15,000 acre size for sector plans.

The sector planning process encompasses two parts: 1) Adoption of a long-term
master plan (formerly a “conceptual long-term buildout overlay”) for the entire
planning area as an amendment to the local comprehensive plan; and 2) Adoption
by a local development order of two or more detailed specific area plans that
implement the long-term master plan, and within which DRI requirements are
waived.

The long-term master plan must include maps, illustrations, and text supported by
data and analysis to address and identify: land uses, water supply and
conservation measures, transportation facilities, and other regionally significant
public facilities.

The long-term master plan must be based upon a planning period longer than the
planning period of the local comprehensive plan and does not have to be based on
need or any other basis. The long-term master plan must also specify the
projected population within the planning area.

The state land planning agency review of a long-term master plan must include
consultation with certain state and governmental agencies (DEP, Agriculture
Dept., Fish & Wildlife Dept., FDOT, and MPO).
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
The detailed specific area plans (“DSAP”) must be consistent with and implement
the long-term master plan and must include conditions and commitments that
provide for: 1) development of a conservation area of at least 1,000 acres (less if
approved by local government); 2) identification and analysis of maximum and
minimum densities and intensities of use; 3) detailed identification of water
resource development and supply; 4) detailed identification of transportation
facilities to serve the future land uses in the DSAP; 5) detailed identification of
public facilities necessary to serve development in the DSAP, including developer
contribution in a 5-year capital improvements plan.

The local government adopting the DSAP is primarily responsible for monitoring
and enforcing the DSAP. Local governments may not issue any permits or
approvals or provide any extensions of services to development that are not
consistent with the DSAP.

The adoption of a long-term master plan or a DSAP does not limit the right to
continue existing agricultural or silvicultural uses or other natural resource-based
operations or to establish similar new uses that are consistent with the plans
approved.

The state land planning agency may enter into an agreement with a local
government that, on or before July 1, 2011, adopted a large-area comprehensive
plan amendment consisting of at least 15,000 acres that meets the requirements
for a long-term master plan, after notice and public hearing by the local
government, and thereafter, the large-scale plan shall be implemented through
DSAPs without being subject to DRI review.
Rural Lands
HB 7207 contains several changes that will benefit rural areas, particularly those with
agricultural interests.

A change related to comprehensive plan amendments for rural agricultural industrial
centers. Previously, any proposal to designate a rural agricultural industrial center
was presumed to be urban sprawl and therefore limited a landowner’s ability to have
his property achieve the designation. Such centers are now presumed not to be urban
sprawl.

The former rural land stewardship area (“RLSA”) provisions have been revised to
allow local governments to adopt future land use overlays to designate all or portions
of lands classified as agricultural, rural, open, open-rural or an equivalent category as
one or more RLSAs in their comprehensive plans by local ordinance, without the
need for a separate agreement with the Florida Department of Community Affairs.

Development receiving areas are no longer subject to a minimum 25-year planning
timeframe.
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
The designation of RLSAs is no longer based on need.

Any conservation easements required by an RLSA ordinance must be in place prior to
any stewardship credits being transferred.
Permit Extensions

Any permit that was extended under SB 360, as reauthorized under SB 1752, is
extended for an additional two years, unless the permit has already been extended for
a total of 4 years.

In recognition of 2011 real estate market conditions, selected permits expiring
between 1/1/12 and 1/1/14 may be extended for 2 years by giving written notice by
12/31/11; cumulative extensions may not exceed 4 years.
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