CS for CS for SB 410 First Engrossed 2020410e1 1 A bill to be entitled 2 An act relating to growth management; amending s. 3 163.3167, F.S.; prohibiting counties from adopting, 4 after a specified date, a comprehensive plan, a land 5 development regulation, or another form of restriction 6 unless certain conditions are met; prohibiting 7 counties from limiting a municipality from deciding 8 land uses, density, and intensity allowed on certain 9 lands; providing retroactive applicability; amending 10 s. 163.3168, F.S.; requiring the Department of 11 Economic Opportunity to give a preference to certain 12 counties and municipalities when selecting 13 applications for funding for specified technical 14 assistance; amending s. 163.3177, F.S.; requiring 15 local governments to include a property rights element 16 in their comprehensive plans; providing a statement of 17 rights that a local government may use; requiring a 18 local government to adopt a property rights element by 19 a specified date; prohibiting a local government’s 20 property rights element from conflicting with the 21 statutorily provided statement of rights; amending s. 22 163.3237, F.S.; providing that certain property owners 23 are not required to consent to development agreement 24 changes under certain circumstances; amending s. 25 337.25, F.S.; requiring the Department of 26 Transportation to afford a right of first refusal to 27 certain individuals under specified circumstances; 28 providing requirements and procedures for the right of 29 first refusal; amending s. 337.401, F.S.; specifying 30 timeframes for processing a permit application for a 31 utility’s use of a right-of-way; amending s. 380.06, 32 F.S.; authorizing certain developments of regional 33 impact agreements to be amended under certain 34 circumstances; providing retroactive applicability; 35 providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Subsection (3) of section 163.3167, Florida 40 Statutes, is amended, and subsection (11) is added to that 41 section, to read: 42 163.3167 Scope of act.— 43 (3) A municipality established after the effective date of 44 this act shall, within 1 year after incorporation, establish a 45 local planning agency, pursuant to s. 163.3174, and prepare and 46 adopt a comprehensive plan of the type and in the manner set out 47 in this act within 3 years after the date of such incorporation. 48 A county comprehensive plan is controlling until the 49 municipality adopts a comprehensive plan in accordance with this 50 act. A comprehensive plan effective
adoptedafter January 1, 51 2019, and all land development regulations adopted to implement 52 the comprehensive plan must incorporate each development order 53 existing before the comprehensive plan’s effective date, may not 54 impair the completion of a development in accordance with such 55 existing development order, and must vest the density and 56 intensity approved by such development order existing on the 57 effective date of the comprehensive plan without limitation or 58 modification. 59 (11) A county may not adopt, after January 1, 2020, any 60 comprehensive plan, land development regulation, or other form 61 of restriction that serves as a limitation on a municipality 62 from establishing land use and zoning on lands located within a 63 municipality unless the municipality, through its own 64 ordinances, adopts and imposes the provision, goal, objective, 65 or policy on lands located within the municipal jurisdiction. A 66 county may not limit a municipality from deciding the land uses, 67 density, and intensity allowed on lands annexed into a 68 municipality as long as the municipality is in compliance with 69 subsection (3). This subsection does not apply to a charter 70 county with a population in excess of 1 million as of January 1, 71 2020, which has in place as of that date charter provisions 72 governing land use or development, which provisions apply to all 73 jurisdictions within the county. 74 Section 2. Present subsection (4) of section 163.3168, 75 Florida Statutes, is redesignated as subsection (5), and a new 76 subsection (4) is added to that section, to read: 77 163.3168 Planning innovations and technical assistance.— 78 (4) When selecting applications for funding for technical 79 assistance, the state land planning agency shall give a 80 preference to a county that has a population of 200,000 or less, 81 and to a municipality located within such a county, for 82 assistance in determining whether the area in and around a 83 proposed multiuse corridor interchange as described in s. 84 338.2278 contains appropriate land uses and natural resource 85 protections and for aid in developing or amending a local 86 government’s comprehensive plan to provide for such uses, 87 protections, and intended benefits as provided in s. 338.2278. 88 Section 3. Paragraph (i) is added to subsection (6) of 89 section 163.3177, Florida Statutes, to read: 90 163.3177 Required and optional elements of comprehensive 91 plan; studies and surveys.— 92 (6) In addition to the requirements of subsections (1)-(5), 93 the comprehensive plan shall include the following elements: 94 (i)1. In accordance with the legislative intent expressed 95 in ss. 163.3161(10) and 187.101(3) that governmental entities 96 respect judicially acknowledged and constitutionally protected 97 private property rights, each local government shall include in 98 its comprehensive plan a property rights element to ensure that 99 private property rights are considered in local decisionmaking. 100 A local government may adopt its own property rights element or 101 use the following statement of rights: 102 103 The following rights shall be considered in local 104 decisionmaking: 105 106 1. The right of a property owner to physically possess 107 and control his or her interests in the property, 108 including easements, leases, or mineral rights. 109 110 2. The right of a property owner to use, maintain, 111 develop, and improve his or her property for personal 112 use or the use of any other person, subject to state 113 law and local ordinances. 114 115 3. The right of the property owner to privacy and to 116 exclude others from the property to protect the 117 owner’s possessions and property. 118 119 4. The right of a property owner to dispose of his or 120 her property through sale or gift. 121 122 2. Each local government must adopt a property rights 123 element in its comprehensive plan by the earlier of its next 124 proposed plan amendment or July 1, 2023. If a local government 125 adopts its own property rights element, the element may not 126 conflict with the statement of rights provided in subparagraph 127 1. 128 Section 4. Section 163.3237, Florida Statutes, is amended 129 to read: 130 163.3237 Amendment or cancellation of a development 131 agreement.—A development agreement may be amended or canceled by 132 mutual consent of the parties to the agreement or by their 133 successors in interest. A party or its designated successor in 134 interest to a development agreement and a local government may 135 amend or cancel a development agreement without securing the 136 consent of other parcel owners whose property was originally 137 subject to the development agreement, unless the amendment or 138 cancellation directly modifies the allowable uses or 139 entitlements of such owners’ property. 140 Section 5. Subsection (4) of section 337.25, Florida 141 Statutes, is amended to read: 142 337.25 Acquisition, lease, and disposal of real and 143 personal property.— 144 (4) The department may convey, in the name of the state, 145 any land, building, or other property, real or personal, which 146 was acquired under subsection (1) and which the department has 147 determined is not needed for the construction, operation, and 148 maintenance of a transportation facility. When such a 149 determination has been made, property may be disposed of through 150 negotiations, sealed competitive bids, auctions, or any other 151 means the department deems to be in its best interest, with due 152 advertisement for property valued by the department at greater 153 than $10,000. A sale may not occur at a price less than the 154 department’s current estimate of value, except as provided in 155 paragraphs (a)-(d). The department may afford a right of first 156 refusal to the local government or other political subdivision 157 in the jurisdiction in which the parcel is situated, except in a 158 conveyance transacted under paragraph (a), paragraph (c), or 159 paragraph (e). Notwithstanding any provision of this section to 160 the contrary, before any conveyance under this subsection may be 161 made, except a conveyance under paragraph (a) or paragraph (c), 162 the department shall first afford a right of first refusal to 163 the previous property owner for the department’s current 164 estimate of value of the property. The right of first refusal 165 must be made in writing and sent to the previous owner via 166 certified mail or hand delivery, effective upon receipt. The 167 right of first refusal must provide the previous owner with a 168 minimum of 30 days to exercise the right in writing and must be 169 sent to the originator of the offer by certified mail or hand 170 delivery, effective upon dispatch. If the previous owner 171 exercises his or her right of first refusal, the previous owner 172 has a minimum of 90 days to close on the property. 173 (a) If the property has been donated to the state for 174 transportation purposes and a transportation facility has not 175 been constructed for at least 5 years, plans have not been 176 prepared for the construction of such facility, and the property 177 is not located in a transportation corridor, the governmental 178 entity may authorize reconveyance of the donated property for no 179 consideration to the original donor or the donor’s heirs, 180 successors, assigns, or representatives. 181 (b) If the property is to be used for a public purpose, the 182 property may be conveyed without consideration to a governmental 183 entity. 184 (c) If the property was originally acquired specifically to 185 provide replacement housing for persons displaced by 186 transportation projects, the department may negotiate for the 187 sale of such property as replacement housing. As compensation, 188 the state shall receive at least its investment in such property 189 or the department’s current estimate of value, whichever is 190 lower. It is expressly intended that this benefit be extended 191 only to persons actually displaced by the project. Dispositions 192 to any other person must be for at least the department’s 193 current estimate of value. 194 (d) If the department determines that the property requires 195 significant costs to be incurred or that continued ownership of 196 the property exposes the department to significant liability 197 risks, the department may use the projected maintenance costs 198 over the next 10 years to offset the property’s value in 199 establishing a value for disposal of the property, even if that 200 value is zero. 201 (e) If, at the discretion of the department, a sale to a 202 person other than an abutting property owner would be 203 inequitable, the property may be sold to the abutting owner for 204 the department’s current estimate of value. 205 Section 6. Subsection (2) of section 337.401, Florida 206 Statutes, is amended to read: 207 337.401 Use of right-of-way for utilities subject to 208 regulation; permit; fees.— 209 (2) The authority may grant to any person who is a resident 210 of this state, or to any corporation which is organized under 211 the laws of this state or licensed to do business within this 212 state, the use of a right-of-way for the utility in accordance 213 with such rules or regulations as the authority may adopt. No 214 utility shall be installed, located, or relocated unless 215 authorized by a written permit issued by the authority. However, 216 for public roads or publicly owned rail corridors under the 217 jurisdiction of the department, a utility relocation schedule 218 and relocation agreement may be executed in lieu of a written 219 permit. The permit shall require the permitholder to be 220 responsible for any damage resulting from the issuance of such 221 permit. The authority may initiate injunctive proceedings as 222 provided in s. 120.69 to enforce provisions of this subsection 223 or any rule or order issued or entered into pursuant thereto. A 224 permit application required by an authority under this 225 subsection by a county or municipality having jurisdiction and 226 control of the right-of-way of any public road must be processed 227 and acted upon in accordance with the timeframes provided in 228 subparagraphs (7)(d)7., 8., and 9. 229 Section 7. Paragraph (d) of subsection (4) of section 230 380.06, Florida Statutes, is amended to read: 231 380.06 Developments of regional impact.— 232 (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— 233 (d) Any agreement entered into by the state land planning 234 agency, the developer, and the local government with respect to 235 an approved development of regional impact previously classified 236 as essentially built out, or any other official determination 237 that an approved development of regional impact is essentially 238 built out, remains valid unless it expired on or before April 6, 239 2018, and may be amended pursuant to the processes adopted by 240 the local government for amending development orders. Any such 241 agreement or amendment may authorize the developer to exchange 242 approved land uses, subject to demonstrating that the exchange 243 will not increase impacts to public facilities. This paragraph 244 applies to all such agreements and amendments effective on or 245 after April 6, 2018. 246 Section 8. This act shall take effect July 1, 2020.