Hold the Line

Every few years, the state attempts to pass legislation aimed at stripping Florida counties of their sovereignty in a power grab for control. Behind these outrageous bills are lobbyists representing developers. The motivation to pass these oppressive measures remains a matter of speculation.

The latest attacks on land preservation in Florida are Senate Bill 1118, referred to as the Rural Boundary Bill, and House Bill 1209, also known as the Land Use and Development Regulations Bill. Both have ignited debate regarding their effects on each country's land use and development regulations. This legislation will expedite growth, restrict local governance, and place additional pressure on infrastructure. It will also lead to less oversight and fewer checks and balances to protect sensitive lands. The legislation attempts to expand the definition of properties classified as agricultural enclaves and mandates that local governments treat parcels near an urban service district as part of it. This change could significantly increase urban expansion in regions that counties have designated to remain rural and agricultural.

These modifications prevent local governments from limiting residential densities in optional components of their comprehensive plans. They will silence residents, eliminate guardianship, and undermine environmental protections.

The bills remove language that previously allowed the owner of an agricultural enclave to request a comprehensive plan amendment and instead enable such owners to seek administrative approval for development, regardless of future land use designations or conflicts with the comprehensive plan. Furthermore, it mandates a supermajority vote for adopting specific comprehensive plans and plan amendments, which could complicate updates to land use plans. Property owners and applicants for comprehensive plan amendments are now permitted to initiate civil actions for relief, potentially increasing legal challenges to land use decisions.

The bills further require local land development regulations to establish minimum lot sizes within certain zoning districts by a specified date to accommodate authorized maximum density and mandate the approval of infill residential development applications.

It is crucial for local communities to retain their ability to guide their own growth and development. These bills would diminish communities' capacity to manage growth by allowing developers to bypass local zoning and land use regulations. Specifically, they would weaken local authority by mandating automatic approval from local governments for developments in designated agricultural areas and infill residential development, leading to denser development in places where it may not be desired.