Florida Senate - 2020                       CS for CS for SB 410
       By the Committees on Rules; and Community Affairs; and Senator
       595-04456-20                                           2020410c2
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; specifying requirements for certain
    4         comprehensive plans effective after a specified date
    5         and for associated land development regulations;
    6         prohibiting county charter provisions and
    7         comprehensive plan goals, objectives, and policies
    8         adopted after a specified date from imposing
    9         limitations on lands unless certain conditions are
   10         met; providing retroactive applicability; prohibiting
   11         county charter provisions and comprehensive plan
   12         goals, objectives, and policies from limiting a
   13         municipality from deciding land uses, density, and
   14         intensity allowed on certain lands; amending s.
   15         163.3168, F.S.; requiring the Department of Economic
   16         Opportunity to give a preference to certain counties
   17         and municipalities when selecting applications for
   18         funding for specified technical assistance; amending
   19         s. 163.3177, F.S.; requiring local governments to
   20         include a property rights element in their
   21         comprehensive plans; providing a statement of rights
   22         that a local government may use; requiring a local
   23         government to adopt a property rights element by a
   24         specified date; prohibiting a local government’s
   25         property rights element from conflicting with the
   26         statutorily provided statement of rights; amending s.
   27         163.3237, F.S.; providing that certain property owners
   28         are not required to consent to development agreement
   29         changes under certain circumstances; amending s.
   30         337.401, F.S.; specifying timeframes for processing a
   31         permit application for a utility’s use of a right-of
   32         way; amending s. 380.06, F.S.; authorizing certain
   33         developments of regional impact agreements to be
   34         amended under certain circumstances; providing
   35         retroactive applicability; providing an effective
   36         date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Subsection (3) of section 163.3167, Florida
   41  Statutes, is amended, and subsection (11) is added to that
   42  section, to read:
   43         163.3167 Scope of act.—
   44         (3) A municipality established after the effective date of
   45  this act shall, within 1 year after incorporation, establish a
   46  local planning agency, pursuant to s. 163.3174, and prepare and
   47  adopt a comprehensive plan of the type and in the manner set out
   48  in this act within 3 years after the date of such incorporation.
   49  A county comprehensive plan is controlling until the
   50  municipality adopts a comprehensive plan in accordance with this
   51  act. A comprehensive plan effective adopted after January 1,
   52  2019, and all land development regulations adopted to implement
   53  the comprehensive plan must incorporate each development order
   54  existing before the comprehensive plan’s effective date, may not
   55  impair the completion of a development in accordance with such
   56  existing development order, and must vest the density and
   57  intensity approved by such development order existing on the
   58  effective date of the comprehensive plan without limitation or
   59  modification.
   60         (11)A county charter provision or comprehensive plan goal,
   61  objective, or policy adopted after January 1, 2020, may not be
   62  imposed as a limitation on lands located within a municipality
   63  unless the municipality, through a referendum or locally adopted
   64  ordinance, adopts and imposes the provision, goal, objective, or
   65  policy on the lands located within the municipal jurisdiction. A
   66  county charter provision or comprehensive plan goal, objective,
   67  or policy may not limit a municipality from deciding the land
   68  uses, density, and intensity allowed on lands annexed into a
   69  municipality as long as the municipality is in compliance with
   70  subsection (3).
   71         Section 2. Present subsection (4) of section 163.3168,
   72  Florida Statutes, is redesignated as subsection (5), and a new
   73  subsection (4) is added to that section, to read:
   74         163.3168 Planning innovations and technical assistance.—
   75         (4)When selecting applications for funding for technical
   76  assistance, the state land planning agency shall give a
   77  preference to a county that has a population of 200,000 or less,
   78  and to a municipality located within such a county, for
   79  assistance in determining whether the area in and around a
   80  proposed multiuse corridor interchange as described in s.
   81  338.2278 contains appropriate land uses and natural resource
   82  protections and for aid in developing or amending a local
   83  government’s comprehensive plan to provide for such uses,
   84  protections, and intended benefits as provided in s. 338.2278.
   85         Section 3. Paragraph (i) is added to subsection (6) of
   86  section 163.3177, Florida Statutes, to read:
   87         163.3177 Required and optional elements of comprehensive
   88  plan; studies and surveys.—
   89         (6) In addition to the requirements of subsections (1)-(5),
   90  the comprehensive plan shall include the following elements:
   91         (i)1.In accordance with the legislative intent expressed
   92  in ss. 163.3161(10) and 187.101(3) that governmental entities
   93  respect judicially acknowledged and constitutionally protected
   94  private property rights, each local government shall include in
   95  its comprehensive plan a property rights element to ensure that
   96  private property rights are considered in local decisionmaking.
   97  A local government may adopt its own property rights element or
   98  use the following statement of rights:
  100         The following rights shall be considered in local
  101         decisionmaking:
  103         1.The right of a property owner to physically possess
  104         and control his or her interests in the property,
  105         including easements, leases, or mineral rights.
  107         2.The right of a property owner to use, maintain,
  108         develop, and improve his or her property for personal
  109         use or the use of any other person, subject to state
  110         law and local ordinances.
  112         3.The right of the property owner to privacy and to
  113         exclude others from the property to protect the
  114         owner’s possessions and property.
  116         4.The right of a property owner to dispose of his or
  117         her property through sale or gift.
  119         2.Each local government must adopt a property rights
  120  element in its comprehensive plan by the earlier of its next
  121  proposed plan amendment or July 1, 2023. If a local government
  122  adopts its own property rights element, the element may not
  123  conflict with the statement of rights provided in subparagraph
  124  1.
  125         Section 4. Section 163.3237, Florida Statutes, is amended
  126  to read:
  127         163.3237 Amendment or cancellation of a development
  128  agreement.—A development agreement may be amended or canceled by
  129  mutual consent of the parties to the agreement or by their
  130  successors in interest. A party or its designated successor in
  131  interest to a development agreement and a local government may
  132  amend or cancel a development agreement without securing the
  133  consent of other parcel owners whose property was originally
  134  subject to the development agreement, unless the amendment or
  135  cancellation directly modifies the allowable uses or
  136  entitlements of such owners’ property.
  137         Section 5. Subsection (2) of section 337.401, Florida
  138  Statutes, is amended to read:
  139         337.401 Use of right-of-way for utilities subject to
  140  regulation; permit; fees.—
  141         (2) The authority may grant to any person who is a resident
  142  of this state, or to any corporation which is organized under
  143  the laws of this state or licensed to do business within this
  144  state, the use of a right-of-way for the utility in accordance
  145  with such rules or regulations as the authority may adopt. No
  146  utility shall be installed, located, or relocated unless
  147  authorized by a written permit issued by the authority. However,
  148  for public roads or publicly owned rail corridors under the
  149  jurisdiction of the department, a utility relocation schedule
  150  and relocation agreement may be executed in lieu of a written
  151  permit. The permit shall require the permitholder to be
  152  responsible for any damage resulting from the issuance of such
  153  permit. The authority may initiate injunctive proceedings as
  154  provided in s. 120.69 to enforce provisions of this subsection
  155  or any rule or order issued or entered into pursuant thereto. A
  156  permit application required by an authority under this
  157  subsection by a county or municipality having jurisdiction and
  158  control of the right-of-way of any public road must be processed
  159  and acted upon in accordance with the timeframes provided in
  160  subparagraphs (7)(d)7., 8., and 9.
  161         Section 6. Paragraph (d) of subsection (4) of section
  162  380.06, Florida Statutes, is amended to read:
  163         380.06 Developments of regional impact.—
  165         (d) Any agreement entered into by the state land planning
  166  agency, the developer, and the local government with respect to
  167  an approved development of regional impact previously classified
  168  as essentially built out, or any other official determination
  169  that an approved development of regional impact is essentially
  170  built out, remains valid unless it expired on or before April 6,
  171  2018, and may be amended pursuant to the processes adopted by
  172  the local government for amending development orders. Any such
  173  agreement or amendment may authorize the developer to exchange
  174  approved land uses, subject to demonstrating that the exchange
  175  will not increase impacts to public facilities. This paragraph
  176  applies to all such agreements and amendments effective on or
  177  after April 6, 2018.
  178         Section 7. This act shall take effect July 1, 2020.