Legislation Details

File #: 26-582   
Status: Agenda Ready
In control: PUBLIC HEARING
Agenda Date: 6/9/2026 Final action:
Title: MOTION TO ADOPT Resolution the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, TRANSMITTING TO DESIGNATED STATE AGENCIES PROPOSED AMENDMENTS TO THE TRANSPORTATION ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, AND THE BROWARD MUNICIPAL SERVICES DISTRICT ELEMENT OF THE BROWARD COUNTY COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE.
Attachments: 1. Exhibit 1 - Resolution to Transmit, 2. Exhibit 2 - Staff Report, 3. Exhibit 3 - Business Impact Estimate
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Leonard Vialpando

Department:                       Public Works and Environmental Services                     

Division: Housing and Urban Planning Division

 

Information

Requested Action

title

MOTION TO ADOPT Resolution the title of which is as follows:

 

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, TRANSMITTING TO DESIGNATED STATE AGENCIES PROPOSED AMENDMENTS TO THE TRANSPORTATION ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, AND THE BROWARD MUNICIPAL SERVICES DISTRICT ELEMENT OF THE BROWARD COUNTY COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE.

 

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Why Action is Necessary

Section 163.3184 requires a public hearing to transmit proposed Broward County Comprehensive Plan amendments to designated State agencies.

 

What Action Accomplishes

Transmits a proposed Broward County Comprehensive Plan amendment to Florida Commerce and other required review agencies.

 

Goal Related Icon(s)

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Previous Action Taken

On May 12, 2026, the Board set the public hearing to consider transmittal (Item No. 19).

 

Summary Explanation/Background

THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT, THE LOCAL PLANNING AGENCY (LPA), AND THE HOUSING AND URBAN PLANNING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

 

In 2024, a new State Law (CS/HB 479) was enacted, requiring that development fees be supported by a study no more than one year old. The study must demonstrate that fees satisfy the dual rational nexus test and accurately reflect the proportionate impact of the development. The County’s fee structure did not comply and, on September 17, 2024 (Item No. 53), the Board of County Commissioners (Board) voted to suspend the collection of roadway and transportation impact fees with an effective date of October 1, 2024. The Fiscal Impact Statement for that item identified the following annual fees (and estimated revenues) that would be eliminated:

 

a.                     $6,829,877: Transportation Concurrency Assessments; and,

b.                     $459,421: Road Impact Fees.

 

There are no further anticipated fiscal impacts, as the concurrency provisions which trigger those fees remain in the Comprehensive Plan and the Code of Ordinances.

 

The proposed amendment brings the Broward County Comprehensive Plan into full compliance with state statute by eliminating transportation concurrency requirements and their associated fees for development applications. However, level of service standards will be retained for the purpose of capital facilities planning for transportation improvements.

 

The County’s Local Planning Agency (LPA) considered the amendment on May 13, 2026.

 

Source of Additional Information

Darby P. Delsalle, AICP, Director, Housing and Urban Planning Division, 954-357-9792

 

Fiscal Impact

Fiscal Impact/Cost Summary

No fiscal impact.