Florida Senate - 2020 CS for CS for SB 410 By the Committees on Rules; and Community Affairs; and Senator Perry 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. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 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
adoptedafter 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: 99 100 The following rights shall be considered in local 101 decisionmaking: 102 103 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. 106 107 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. 111 112 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. 115 116 4. The right of a property owner to dispose of his or 117 her property through sale or gift. 118 119 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.— 164 (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— 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.