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
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN TEXT; AMENDING THE BROWARD COUNTY COMPREHENSIVE PLAN TEXT RELATED TO THE TRANSPORTATION ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, AND THE BROWARD MUNICIPAL SERVICES DISTRICT ELEMENT; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
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Why Action is Necessary
A public hearing is required to enact an amendment to the Broward County Comprehensive Plan.
What Action Accomplishes
Adopts amendments to the Broward County Comprehensive Plan consistent with state law.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
On September 17, 2024, the Board suspended collection of impact fees (Agenda Item No. 53).
On June 9, 2026, the Board transmitted the proposed amendment to designated state review agencies (Agenda Item No. 57).
On September 10, 2026, the Board set a public hearing to consider adopting the proposed amendments.
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 (Agenda 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;
b. $459,421: Road Impact Fees; and,
c. $1,265,909: Regional and Broward Municipal Services District (local) Park Impact Fees.
In 2025, the State enacted Florida’s Senate Bill 1080 which works in conjunction with 2024's CS/HB 479 by restricting local governments' ability to impose or increase concurrency-based impact fees. Since those fees are no longer collected, there are no further anticipated fiscal impacts.
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.
On May 13, 2026, the Broward County Public Works and Environmental Services Department held a Local Planning Agency public hearing and recommended the Board find proposed amendment 26-T1 consistent with the Broward County Comprehensive Plan and transmit the amendment to designated state agencies.
In its July 17, 2026, Objections, Recommendations, and Comments Report, Florida Commerce determined that the proposed comprehensive plan amendment would not result in adverse impacts to important state resources or facilities within its authorized scope of review. However, a technical assistance comment was offered that will not form the basis for a challenge. Broward County’s proposed ordinance is less restrictive and burdensome because it eliminates the collection of impact fees.
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.