On August 26, 2010, Chief Judge Charles A Francis of the Second Judicial Circuit issued a final summary judgment holding the 2009 growth management law (SB 360, compiled as Chapter 2009-96, Laws of Florida) unconstitutional.

The 2009 law loosened growth management requirements in what it referred to as “dense urban land areas.” Among other things, the law waived transportation concurrency requirements and the development-of-regional-impact review process in those areas. The law also required the adoption of comprehensive plan amendments and transportation strategies “to support and fund mobility.” Local governments and environmental groups argued that the law imposed costs on counties and municipalities in violation of the state constitutional prohibition of unfunded mandates.

The circuit court held that the requirement for comprehensive plan amendments rendered SB 360 unconstitutional.