On February 28, 2024, the Florida Senate (Senate) passed SB 1420 in an effort to block regulations proposed by the Orange County Charter Review Committee (CRC) that would draw a new rural boundary that would heavily restrict development.
Every four (4) years, the Orange County Charter is reviewed by the CRC. The CRC has spent the last six (6) months working on the “Rural Boundary Amendment” that would not only adjust rural boundary lines but also make it more difficult to develop. Additionally, as explained in Proposed Charter Changes Threaten Orange County's Economic Future, the considered changes would have a chilling effect on all annexations by prohibiting a property owner from annexing into a City to get increased density because the property would remain in the rural boundary. The CRC provides that the intent behind the amendment is to protect rural lands and green space.
The Florida Senate quickly jumped into action, responding with their own proposed legislation despite the fact the Rural Boundary Amendment has not yet been approved by the CRC.
SB 1420 proposes the following language:
“163.3167 Scope of act. —
(d) A citizen-led county charter amendment that is not required to be approved by the board of county commissioners preempting any development order, land development regulation, comprehensive plan, or voluntary annexation is prohibited unless expressly authorized in a county charter.”
SB 1420 is now with the Florida House of Representatives (House) as HB 1419. On March 5, 2024, HB 1419 was read for the second time and scheduled for a third reading. As such, the companion bill is under consideration by the House, and the House will need to take a final action to approve the bill before the end of the legislative session on March 8, 2024.
If the Florida House approves its companion bill, the State Legislature will have taken action to not only prevent Orange County from citizen-led Charter initiatives to limit development but also have made clear that the State Legislature has an active interest in local land development regulations.
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