Florida’s legislative landscape for land development and community planning has seen a significant shift with the enactment of CS/CS/SB 540, signed into law by Governor Ron DeSantis and effective July 1, 2023. This bill introduces several substantial changes to how local governments manage comprehensive plans, development orders, and land development regulations, aiming to streamline processes and clarify existing legal interpretations.
Key Takeaways
- Attorney Fees in Plan Challenges: The prevailing party in administrative challenges to comprehensive plans and their amendments can now recover attorney fees and costs.
- Florida College System Exemption: Land development regulations not related to use, intensity, or density do not apply to Florida College System institutions.
- Development Order Challenge Clarification: Challenges to development orders are now limited to those that materially alter a property’s use, density, or intensity in a way inconsistent with the comprehensive plan.
Attorney Fees and Costs in Comprehensive Plan Challenges
A pivotal change introduced by SB 540 is the provision allowing the prevailing party in administrative challenges concerning the adoption of comprehensive plans and plan amendments to recover attorney fees and costs. This extends to small-scale amendments. While a similar provision for consistency challenges involving development orders was added in 2019, this new clause significantly alters the strategic considerations for parties involved in plan adoption disputes.
Exemption for Florida College System Institutions
The bill revises Florida Statutes concerning land development regulations. Specifically, it clarifies that regulations pertaining to development characteristics beyond use, intensity, or density are not applicable to institutions within the Florida College System. This amendment acknowledges the distinct operational needs of these educational institutions within the broader framework of land development.
Clarification of Scope in Development Order Challenges
SB 540 addresses a divergence in interpretations among Florida’s district courts of appeal regarding challenges to development orders. The amended statute now stipulates that a development order can only be challenged if it materially alters a property’s use, density, or intensity in a manner inconsistent with the comprehensive plan. This aims to create more uniform and predictable outcomes for consistency challenges across different jurisdictions.
The Ripple Effect on Stakeholders
The implications of SB 540 are expected to be far-reaching for various stakeholders in land development. For private entities, the prevailing party provisions may influence decisions to challenge comprehensive plans, while also necessitating preparedness for potential financial responsibilities if unsuccessful. Local governments may face varying fiscal impacts depending on the outcomes of litigation related to their comprehensive plans. As local governments, developers, citizens, and legal professionals adjust to these new regulations, the full impact of SB 540 will become clearer over time.