Reenactment of SB 360 Development Provisions Approved by Legislature

Akerman LLP

On March 30, the Senate took up and passed HB 7001, which reenacts the development-related provisions of SB 360, a significant and controversial piece of growth management legislation from the 2009 session. The House passed the bill on March 16, so it will now go to Governor Scott for approval.

Senate Bill 360 (Chapter 2009-96, Laws of Florida) gave certain “dense urban land areas” regulatory relief in the form of DRI exemptions and transportation concurrency exception areas (TCEAs) and provided a 2-year extension to many development approvals. The bill also contained provisions relative to security cameras and affordable housing. The law was challenged by a group of local governments for allegedly violating the single subject and unfunded mandate provisions of the Florida Constitution. The court ruled in favor of the local governments, but due to a pending appeal, the law has remained in effect. Nevertheless, the suit has had a chilling effect on implementation.

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