Orange County commissioners voted Tuesday to approve an ordinance allowing for developers to opt out of the county’s new comprehensive plan, Vision 2050, when submitting project applications.
Developers choosing to take advantage of the opt-out provision would then operate under the county’s older comprehensive plan, Destination 2030. That comp plan is the one currently effective in Orange County — until Dec. 21, when Vision 2050 is expected to kick back into gear and replace it.
RELATED: Update: Orange County to readopt Vision 2050 with an opt-out provision for developers
A new comp plan the state called ‘null and void’
The ordinance is an attempt to appease the Florida Department of Commerce, which advised the county last year that Vision 2050 was “null and void” under a then-new state law.
The law, Senate Bill 180, is widely unpopular. Effective as of June 2025, it broadly preempts local governments from making a range of planning decisions until at least October 2027. It also applies retroactively, affecting planning measures adopted as of Aug. 1, 2024.
Work to develop Vision 2050 and a corresponding set of new zoning rules known as the Orange Code began long before, in 2017, according to Orange County.
The new development code and comprehensive plan are effectively an overhaul of the county’s growth planning framework, designed to guide future development toward already-urbanized areas instead of rural ones. Collectively, both planning elements also encourage walkability and mixed-use communities with shopping, housing and office space all in one place.
But the new, award-winning planning framework was halted shortly after its adoption last year, following the state’s notice that it breaks Florida law for being too “restrictive or burdensome.” County Planning Division Manager Alberto Vargas called that notice from the state “unprecedented.”
One aspect of Vision 2050 cited by the state is a policy requiring all county-sponsored projects to comply with metrics for sustainable or “green” buildings. The state also took issue with a section calling for the protection of water quality, wildlife, wetlands and other natural and historical resources in the Shingle Creek Basin.
What’s next
The ordinance approved Tuesday will, with state approval, re-activate Vision 2050 come Dec. 21. But this time, developers will be able to opt out — at least until Oct. 1, 2027. That’s when this ordinance will sunset, along with the section of SB 180 that Vision 2050 purportedly violates.
While not a perfect solution, the ordinance is better than nothing, said Orlando resident Amber Homberger, calling it a “small step” forward.
“Vision 2050 represents a brighter future for our region, and any degree of implementation we can get is a positive step forward,” Homberger said.
Commissioners voted 5-2 to approve the ordinance, with District 3 Commissioner Mayra Uribe and District 5 Commissioner Kelly Martinez Semrad voting against.