By Mitch Perry, Florida Phoenix
Ocala Republican Sen. Stan McClain, a homebuilder who has filed dozens of bills dealing with development and housing during his decade in the Florida Legislature, wants to rewrite Chapter 163 of Florida law, the backbone of the state’s growth management system.
Speaking Wednesday during an all-day discussion of Florida’s housing situation organized by the Florida Policy Project, McClain said the statute retains references to a state land planning agency that no longer exists after then-Gov. Rick Scott and the GOP-controlled Legislature eliminated the Department of Community Affairs in 2011.
“What I’d like to do over the next couple of years is try to build consensus around what are things that can be administratively approved,” he said. He would prefer to incentivize local governments to “do the right thing” and allow more mixed-used developments, rather than “continue to preempt, preempt, preempt every year,” he added.
“I don’t know if that’s healthy for the Legislature or if it’s healthy for local governments,” he said.
McClain joked during one part of the conversation that he’s become “somewhat of a ‘Darth Vader’” to local governments because “they think all I do is run around trying to preempt them, which I do.” He quickly added that he does work closely on policy with both the Florida League of Cities and Florida Association of Counties.
The need for review
His remarks show that he is ready to take on the responsibility of reviewing the state’s land-use regulations after he was encouraged to do so by Sen. Kathleen Passidomo, R-Naples, towards the end of the recent legislative session.
Passidomo strongly opposed McClain’s “Blue Ribbon” projects bill, one of the most contentious land development proposals of the 2026 session, which failed due to Republican opposition.
While speaking against the bill, Passidomo noted how over the past decade the Legislature has been pressured to push preemption bills to appease developers because of accusations that local governments have thrown up too many roadblocks to economic development. The entire process needs to be reviewed, she said, and suggested McClain was the ideal lawmaker to lead that discussion.
“It just seems that every year I’m having to go and fix a problem and a challenge that somebody’s having in their community, and so it’s just a piece at a time, piece at a time. And so I would really like to focus in the next couple of years,” McClain said.
“There’s some people that are optimistic, who think that we can get it done this next session. I’m not that optimistic. I think there will be a lot more work that needs to be done, but at least I think that we can get a framework started. What does it look like to rewrite 163? How does that affect local governments? What are some of the things that we can do from an administrative approval perspective?”
‘A complex issue’
Environmental organizations offered mixed responses upon learning of McClain’s comments.
“McClain’s pro-growth legislative proposals this year in particular have already undermined growth management — now it sounds like he’s going in for the kill,” said Gil Smart, policy director for Friends of the Everglades.
“There already is a ‘consensus’ around administrative approval — that it’s a terrible and anti-democratic idea. It cuts local citizens out of the decision-making process in their own hometowns by stipulating that if a proposal meets a laundry list of requirements it can (and sometimes must) be approved with no public hearings, no local input,” he continued.
“Sen. McClain is right, though, in saying that there really isn’t a state planning agency anymore, but we see that as a terrible thing for intelligent growth in Florida. Unchecked sprawl is eating up wild Florida and harming our waterways. Unfortunately, it just sounds like things are poised to get worse.”
“As Florida continues to grow, it’s important we’re planning in a way that supports communities and protects the resources they depend on,” said Beth Alvi, Audubon Florida’s senior director for policy. “Florida voters are definitely eager to see Florida address the impacts of development on our water supply, wildlife habitat, and quality of life — we look forward to the conversation.”
“We do need to look at our growth management laws,” said Kim Dinkins, policy and planning director with 1000 Friends of Florida. “The key is there has to be consensus to make sure that all the necessary stakeholders are at the table, and to ensure that local governments will still maintain the voice to grow their communities the way that they want to.”
The Phoenix reached out to both the Florida Association of Counties and Florida League of Cities. The League did not immediately respond.
“We appreciate Sen. McClain’s willingness to take a broader view of growth management and his recognition that it is better to thoughtfully fix issues than continue making piecemeal changes,” said Cragin Mosteller, deputy executive editor for the Florida Association of Counties.
“This is a complex issue that warrants a comprehensive review, one that balances the needs of local communities and property developers while reflecting the priorities of Florida’s residents. We welcome the opportunity to work with Sen. McClain on thoughtful, long-term policy solutions.”
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com. Banner photo: A housing development being built in Florida (iStock image).
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