Seminole County’s rural boundary survives the 2026 Legislative Session

A late-filed proposal that would have granted near-automatic development rights in Orange and Seminole counties’ rural areas failed in the Florida Senate’s final day of session. 

Sen. Jason Brodeur, the second-highest ranking member of the Florida Senate, spoke on the floor, trying to convince senators to support the amendment. The senator who represents Seminole County and parts of Orange County said the rural boundary in Seminole covers about 35% of Seminole, and Orange County’s boundary is more than half of the county. 

That, he said, combined with the supermajority vote requirements to remove land from the boundary make it “a taking” of property owners’ rights. He also criticized county commissioners for speaking in favor of the rural boundary.

“The amendment does not outlaw rural boundaries. It seeks to preserve them,” Brodeur said. “We could easily be here with language that says rural boundaries are hereby prohibited. Done. Over. Maybe there’s an argument for that.”

You can watch video of the debate here. A late-filed amendment to Senate Bill 208, which ultimately was moved to House Bill 399, declares that rural boundaries, like those enacted by voters in Orange and Seminole counties, are legally a “taking” of a property owner’s right to develop. It also would have set up an automatic method where property owners can apply to get paid by the county for the difference in value for their land if it were developed to the highest density of immediate neighbors, or 75% of the density of properties up to a mile away. 

Crucially, landowners who get paid for their development rights could also ask a court to pull them out of the rural boundary. 

“I think Sen. Martin and Sen. Brodeur were just scolded by their colleagues in the Senate for having the audacity to try and undermine decisions of the citizens of Orange and Seminole counties,” said David Bear, an attorney who works with Save Rural Seminole. 

Commissioners in Seminole County also reacted positively to the news. 

“I’m happy that the legislators decided to provide to our voters what the voters have requested,” said County Chair Andria Herr.

County Commissioner Jay Zembower said now he can stop being glued to the TV to see what lawmakers were doing.

“My first reaction is the Legislature as a whole did the right thing,” Zembower said. “And happy that some folks took the time to understand how it could impact urban service areas across the state.”

The amendment was filed by Florida Sen. Jonathan Martin, who represents Lee County and the Fort Myers area. Martin said the proposal would come back. 

“What this bill seeks to do is make rural boundaries constitutional. So for those of you who want rural boundaries around the state – you’re welcome,” Martin said. “Is there a better way to do it? Are there things we could change? Absolutely. I look forward to changing this next year and the year after to make it better.”

Abe Aboraya is a Report for America corps member