Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 410
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Perry) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) of section 57.112, Florida
    6  Statutes, is amended to read:
    7         57.112 Attorney fees and costs and damages; preempted local
    8  actions.—
    9         (5) This section does not apply to local ordinances adopted
   10  pursuant to part II of chapter 163, s. 553.73, or s. 633.202.
   11         Section 2. Subsection (3) of section 163.3167, Florida
   12  Statutes, is amended, and subsection (11) is added to that
   13  section, to read:
   14         163.3167 Scope of act.—
   15         (3) A municipality established after the effective date of
   16  this act shall, within 1 year after incorporation, establish a
   17  local planning agency, pursuant to s. 163.3174, and prepare and
   18  adopt a comprehensive plan of the type and in the manner set out
   19  in this act within 3 years after the date of such incorporation.
   20  A county comprehensive plan is controlling until the
   21  municipality adopts a comprehensive plan in accordance with this
   22  act. A comprehensive plan effective adopted after January 1,
   23  2019, and all land development regulations adopted to implement
   24  the comprehensive plan must incorporate each development order
   25  existing before the comprehensive plan’s effective date, may not
   26  impair the completion of a development in accordance with such
   27  existing development order, and must vest the density and
   28  intensity approved by such development order existing on the
   29  effective date of the comprehensive plan without limitation or
   30  modification.
   31         (11)A county charter provision or comprehensive plan goal,
   32  objective, or policy adopted after January 1, 2020, may not be
   33  imposed as a limitation on lands located within a municipality
   34  unless the municipality, through a referendum or locally adopted
   35  ordinance, adopts and imposes the provision, goal, objective, or
   36  policy on the lands located within the municipal jurisdiction. A
   37  county charter provision or comprehensive plan goal, objective,
   38  or policy may not limit a municipality from deciding the land
   39  uses, density, and intensity allowed on lands annexed into a
   40  municipality as long as the municipality is in compliance with
   41  subsection (3).
   42         Section 3. Present subsection (4) of section 163.3168,
   43  Florida Statutes, is renumbered as subsection (5), and a new
   44  subsection (4) is added to that section, to read:
   45         163.3168 Planning innovations and technical assistance.—
   46         (4)When selecting applications for funding for technical
   47  assistance, the state land planning agency shall give a
   48  preference to a county that has a population of 200,000 or less,
   49  and to a municipality located within such a county, for
   50  assistance in determining whether the area in and around a
   51  proposed multiuse corridor interchange as described in s.
   52  338.2278 contains appropriate land uses and natural resource
   53  protections and for aid in developing or amending a local
   54  government’s comprehensive plan to provide for such uses,
   55  protections, and intended benefits as provided in s. 338.2278.
   56         Section 4. Paragraph (i) is added to subsection (6) of
   57  section 163.3177, Florida Statutes, to read:
   58         163.3177 Required and optional elements of comprehensive
   59  plan; studies and surveys.—
   60         (6) In addition to the requirements of subsections (1)-(5),
   61  the comprehensive plan shall include the following elements:
   62         (i)1.In accordance with the legislative intent expressed
   63  in ss. 163.3161(10) and 187.101(3) that governmental entities
   64  respect judicially acknowledged and constitutionally protected
   65  private property rights, each local government shall include in
   66  its comprehensive plan a property rights element to ensure that
   67  private property rights are considered in local decisionmaking.
   68  A local government may adopt its own property rights element or
   69  use the following statement of rights:
   71         The following rights shall be considered in local
   72         decisionmaking:
   74         1.The right of a property owner to physically possess
   75         and control his or her interests in the property,
   76         including easements, leases, or mineral rights.
   78         2.The right of a property owner to use, maintain,
   79         develop, and improve his or her property for personal
   80         use or the use of any other person, subject to state
   81         law and local ordinances.
   83         3.The right of the property owner to privacy and to
   84         exclude others from the property to protect the
   85         owner’s possessions and property.
   87         4.The right of a property owner to dispose of his or
   88         her property through sale or gift.
   90         2.Each local government must adopt a property rights
   91  element in its comprehensive plan by the earlier of its next
   92  proposed plan amendment or July 1, 2023. If a local government
   93  adopts its own property rights element, the element may not
   94  conflict with the statement of rights provided in subparagraph
   95  1.
   96         Section 5. Section 163.3237, Florida Statutes, is amended
   97  to read:
   98         163.3237 Amendment or cancellation of a development
   99  agreement.—A development agreement may be amended or canceled by
  100  mutual consent of the parties to the agreement or by their
  101  successors in interest. A party or its designated successor in
  102  interest to a development agreement and a local government may
  103  amend or cancel a development agreement without securing the
  104  consent of other parcel owners whose property was originally
  105  subject to the development agreement, unless the amendment or
  106  cancellation directly modifies the allowable uses or
  107  entitlements of such owners’ property.
  108         Section 6. Subsection (2) of section 337.401, Florida
  109  Statutes, is amended to read:
  110         337.401 Use of right-of-way for utilities subject to
  111  regulation; permit; fees.—
  112         (2) The authority may grant to any person who is a resident
  113  of this state, or to any corporation which is organized under
  114  the laws of this state or licensed to do business within this
  115  state, the use of a right-of-way for the utility in accordance
  116  with such rules or regulations as the authority may adopt. No
  117  utility shall be installed, located, or relocated unless
  118  authorized by a written permit issued by the authority. However,
  119  for public roads or publicly owned rail corridors under the
  120  jurisdiction of the department, a utility relocation schedule
  121  and relocation agreement may be executed in lieu of a written
  122  permit. The permit shall require the permitholder to be
  123  responsible for any damage resulting from the issuance of such
  124  permit. The authority may initiate injunctive proceedings as
  125  provided in s. 120.69 to enforce provisions of this subsection
  126  or any rule or order issued or entered into pursuant thereto. A
  127  permit application required by an authority under this
  128  subsection by a county or municipality having jurisdiction and
  129  control of the right-of-way of any public road must be processed
  130  and acted upon in accordance with the timeframes provided in
  131  subparagraphs (7)(d)7., 8., and 9.
  132         Section 7. Paragraph (d) of subsection (4) of section
  133  380.06, Florida Statutes, is amended to read:
  134         380.06 Developments of regional impact.—
  136         (d) Any agreement entered into by the state land planning
  137  agency, the developer, and the local government with respect to
  138  an approved development of regional impact previously classified
  139  as essentially built out, or any other official determination
  140  that an approved development of regional impact is essentially
  141  built out, remains valid unless it expired on or before April 6,
  142  2018, and may be amended pursuant to the processes adopted by
  143  the local government for amending development orders. Any such
  144  agreement or amendment may authorize the developer to exchange
  145  approved land uses, subject to demonstrating that the exchange
  146  will not increase impacts to public facilities. This paragraph
  147  applies to all such agreements and amendments effective on or
  148  after April 6, 2018.
  149         Section 8. This act shall take effect July 1, 2020.
  151  ================= T I T L E  A M E N D M E N T ================
  152  And the title is amended as follows:
  153         Delete everything before the enacting clause
  154  and insert:
  155                        A bill to be entitled                      
  156         An act relating to growth management; amending s.
  157         57.112, F.S.; deleting a provision that prohibits
  158         specified attorney fees and costs from applying to
  159         local ordinances adopted pursuant to the growth policy
  160         act; amending s. 163.3167, F.S.; specifying
  161         requirements for certain comprehensive plans effective
  162         after a specified date and for associated land
  163         development regulations; prohibiting country charter
  164         provisions and comprehensive plan goals, objectives,
  165         and policies adopted after a specified date from
  166         imposing limitations on lands unless certain
  167         conditions are met; providing retroactive
  168         applicability; prohibiting county charter provisions
  169         and comprehensive plan goals, objectives, and policies
  170         from limiting a municipality from deciding land uses,
  171         density, and intensity allowed on certain lands;
  172         amending s. 163.3168, F.S.; requiring the Department
  173         of Economic Opportunity to give a preference to
  174         certain counties and municipalities when selecting
  175         applications for funding for specified technical
  176         assistance; amending s. 163.3177, F.S.; requiring
  177         local governments to include a property rights element
  178         in their comprehensive plans; providing a statement of
  179         rights that a local government may use; requiring a
  180         local government to adopt a property rights element by
  181         a specified date; prohibiting a local government’s
  182         property rights element from conflicting with the
  183         statutorily provided statement of rights; amending s.
  184         163.3237, F.S.; providing that certain property owners
  185         are not required to consent to development agreement
  186         changes under certain circumstances; amending s.
  187         337.401, F.S.; specifying timeframes for processing a
  188         permit application for a utility’s use of a right-of
  189         way; amending s. 380.06, F.S.; authorizing certain
  190         developments of regional impact agreements to be
  191         amended under certain circumstances; providing
  192         retroactive applicability; providing an effective
  193         date.