TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
FROM: Patrick J. Murphy, Chief of Long-Range Planning
DATE: December 26, 2025
SUBJECT: Final Adoption of the 2025 Indian River County Comprehensive Plan
Evaluation and Appraisal Report (EAR) Based Amendments
__________________________________________________________________
BACKGROUND
In 1985, Florida enacted the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. This statute requires that all local governments adopt, maintain, and implement land use plans and development regulations for all future development actions. It also requires that all geographic areas within the state be included within the jurisdiction of a local comprehensive plan and that all development actions be consistent with the adopted plan.
The Comprehensive Plan is not just a document but the County’s blueprint for the future. Its Goals, Objectives, and Policies (GOPs) are not just guidelines but crucial tools for effectively implementing public infrastructure and services. They ensure that people have a safe and secure place to live, a healthy economy that provides jobs and services, avenues for traversing the community (bike, pedestrian, car, transit), and quality recreational features. Indian River County (the County) is responsible for providing the necessary public services and facilities, developing strategies, and adopting regulations and standards that implement this blueprint. The Comprehensive Plan also informs and shapes other County plans, capital projects, and programs that affect the community in both large and small ways.
The County’s Comprehensive Plan is not set in stone. It is a living document that can be amended from time to time following the parameters established in the Florida Statutes (F.S.) Chapter 163. The State of Florida, recognizing that change occurs over time and that it is important to adapt, requires local governments to review and update their Comprehensive Plan at least every seven (7) years, where appropriate. A local government may adopt amendments at any time during this cycle (as current trends evolve or state laws are adopted) or combine multiple amendments of the Comprehensive Plan at the end of the 7-year period. This ensures that the Plan reflects the adoption of new Growth Management Laws, changing conditions within the community or changes in population, updates to policies that may no longer be accurate or effective, as well as both the perceived and actual success of various Plan implementations. This flexibility is a testament to the Comprehensive Plan's resilience and ability to evolve with the community's needs.
The Florida Legislature amended the statutes specific to how a local government reviews and updates its Comprehensive Plan in 2011. Before that date, communities were required to perform a complete diagnostic of the Plan and identify key items for consideration and discussion. That assessment was then provided to the Florida Department of Community Affairs (DCA), later known as the Department of Economic Opportunity (DEO), and presently known as Florida Commerce, for review, consideration, and acceptance. This process then provided the opportunity to amend the local Comprehensive Plan. Since that time, communities have had the option to provide a summary letter denoting whether they intend to amend their Comprehensive Plan or if no updates have been deemed necessary. Although the process changed in 2011, the significance of regular review and subsequent amendment of the Comprehensive Plan, including its various elements, has not changed.
History of Past Amendments
Aligned with prior state regulations, the County embarked on its inaugural Comprehensive Plan Evaluation and Appraisal Report (EAR) in 1996, a milestone ratified by the Board of County Commissioners (BCC) and endorsed as sufficient by the Department of Community Affairs (DCA). Subsequently, in 1998, the Comprehensive Plan underwent amendments to assimilate the insights gleaned from the 1996 EAR.
Pre-2011 state mandates required periodic assessments via EARs to evaluate the efficacy of comprehensive plans, adapt to evolving conditions, and identify necessary revisions. Thus, in February 2006, the County commenced its second EAR, diligently adhering to the December 1, 2008, prescribed submission timeline. The BCC sanctioned the findings of the EAR on November 18, 2008, and the state validated them on February 25, 2009. As a natural progression, amendments reflecting the 2008 EAR were seamlessly integrated into the Comprehensive Plan by the BCC on October 12, 2010.
The legislative overhaul in 2011 ushered in streamlined procedures for Plan amendments and evaluation processes, accompanied by the transition from the Department of Community Affairs (DCA) to the Department of Economic Opportunity (DEO). House Bill 5, signed into law by Florida’s Governor on May 31, 2023, renamed the DEO to the Department of Commerce, known also as Florida Commerce. Per F.S. 163.3191 <http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3191.html>, the local government must evaluate its Plan to determine if amendments are necessary to reflect a required minimum planning period, changes in state requirements, and/or changes in local conditions. If the local government determines amendments to the Plan are necessary, the local government must prepare and transmit within one (1) year, such Plan amendment(s) for review.
In March of 2023, the County initiated a process of completing a comprehensive EAR for the entire comprehensive plan. Since the Plan includes over 1,000 Goals, Objectives, and Policies within its Elements, the county solicited a request for proposal (RFP) for qualified planning consultants to assist with this monumental undertaking. The County selected Kimley-Horn & Associates, Inc., which then evaluated the Plan and had consistent dialogue, in writing, via virtual meetings with Staff to discuss the intention and significance of the goals, objectives, and policies of the respective Elements.
The County, in partnership with Kimley-Horn, hosted public engagement opportunities, including multiple workshops online and in-person, as well as an online survey and interactive map. Involving the public ensures that the diverse needs and viewpoints of the community are considered, leading to more inclusive and representative decision-making. Public engagement also fosters transparency and accountability, as it allows residents to have a voice in shaping the future of their neighborhoods. Overall, public engagement helps build trust, ownership, and support for the EAR process's outcomes.
The County facilitated six (6) public workshops over three (3) separate days, each approximately two (2) to three (3) weeks apart. The workshops were consistently held at 11:00 a.m. and 6:30 p.m. on the days they occurred. Workshops were held at three (3) different locations in the County: North County Library (November 16, 2023), the Board of County Commissioner Commission Chambers (November 29, 2023), and the Intergenerational Center (December 13, 2023). Four (4) of the six (6) workshops were hybrid meetings, providing the opportunity to attend in person or via Zoom.
At these workshops, County Staff and Kimley-Horn team members explained the EAR process. They provided an overview of the purpose and significance of eight (8) key Plan Elements (out of twelve (12) total Elements). The community workshops focused on Future Land Use, Public Infrastructure, Transportation, Economic Development, Housing, Coastal Management, Conservation, and Parks & Recreation. Key workshop findings will be discussed in the respective Elements of this report.
After thorough Plan evaluation, gaining insight and recommendations from the Staff using the Plan, reviewing historical trends and fresh data for Plan Elements, and actively listening to the community, the Kimley-Horn team recommended to Staff to keep, revise, or remove each goal, objective, and policy.
ANALYSIS
Upon direction from the Board of County Commissioners, County staff transmitted the EAR-based amendments to FL Commerce and all state reviewing agencies. On November 18, 2025, County staff received a correspondence letter from FL Commerce. The letter stated that FL Commerce completed its review of the proposed comprehensive plan amendment for Indian River County (Amendment No. 25-01ER), which was received on September 19, 2025. FL Commerce identified a conflict with the application of Chapter 2025-190, Section 28, Laws of Florida, and the proposed comprehensive plan amendment.
Specifically, FL Commerce determined that Amendment 25-01ER makes changes that are considered more restrictive or burdensome than the County’s currently adopted Comprehensive Plan. The changes proposed by the County that FL Commerce deemed more restrictive or burdensome are the Sanitary Sewer Sub-Element Policy 1.6, and Potable Water Sub-Element Policy 1.2. Therefore, the County has removed the proposed changes to these two (2) policies, thus eliminating the items considered by FL Commerce to be more restrictive or burdensome.
Due to the size of the remainder of the analysis section of this report, including the proposed amendments provided in legislative format, please refer to the attachments field to view. A complete, printed staff report will be available in Planning & Development Services Department.
PREVIOUS BOARD ACTIONS
This matter was presented to the Board of County Commissioners on August 12, 2025. At this meeting, the Board directed staff to bring the matter back to the Planning and Zoning Commission (Commission). At the Commission's regularly scheduled meeting on August 28, 2025, the Commission reviewed the amendments and recommended that the Board of County Commissioners direct County staff to transmit the EAR-based amendments to FL Commerce. The matter was then brought back before the Board of County Commissioners at its regularly scheduled meeting on September 9, 2025. At this meeting, the Board received public comments, engaged in discussion with County staff, made several suggested revisions, and then directed staff to submit the EAR-based amendments to the State Department of Florida Commerce.
POTENTIAL FUTURE BOARD ACTIONS
This matter represents the final action required of the Board of County Commissioners. Staff will bring back the two policies (Potable Water Sub-Element Policy 1.2 and Sanitary Sewer Sub-Element Policy 1.6) at the appropriate time the Legislature address the inconsistency and conflict caused by Senate Bill 180 (Chapter 2025-190, Section 28, Laws of Florida).
STAFF RECOMMENDATION
Recommended Action
County Staff recommends the Board approve the attached comprehensive plan EAR-based amendments and direct County staff to transmit the County’s Comprehensive Plan EAR-based amendments to Florida Department of Commerce.