CS for CS for SB 410 Second Engrossed 2020410e2 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. 171.042, F.S.; prohibiting a municipality from 11 annexing specified areas under certain circumstances; 12 amending s. 163.3168, F.S.; requiring the Department 13 of Economic Opportunity to give a preference to 14 certain counties and municipalities when selecting 15 applications for funding for specified technical 16 assistance; amending s. 163.3177, F.S.; requiring 17 local governments to include a property rights element 18 in their comprehensive plans; providing a statement of 19 rights that a local government may use; requiring a 20 local government to adopt a property rights element by 21 a specified date; prohibiting a local government’s 22 property rights element from conflicting with the 23 statutorily provided statement of rights; amending s. 24 163.3237, F.S.; providing that certain property owners 25 are not required to consent to development agreement 26 changes under certain circumstances; amending s. 27 337.25, F.S.; requiring the Department of 28 Transportation to afford a right of first refusal to 29 certain individuals under specified circumstances; 30 providing requirements and procedures for the right of 31 first refusal; amending s. 337.401, F.S.; specifying 32 timeframes for processing a permit application for a 33 utility’s use of a right-of-way; providing a 34 declaration of important state interest; amending s. 35 380.06, F.S.; authorizing certain developments of 36 regional impact agreements to be amended under certain 37 circumstances; providing retroactive applicability; 38 providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Subsection (3) of section 163.3167, Florida 43 Statutes, is amended, and subsection (11) is added to that 44 section, to read: 45 163.3167 Scope of act.— 46 (3) A municipality established after the effective date of 47 this act shall, within 1 year after incorporation, establish a 48 local planning agency, pursuant to s. 163.3174, and prepare and 49 adopt a comprehensive plan of the type and in the manner set out 50 in this act within 3 years after the date of such incorporation. 51 A county comprehensive plan is controlling until the 52 municipality adopts a comprehensive plan in accordance with this 53 act. A comprehensive plan effective
adoptedafter January 1, 54 2019, and all land development regulations adopted to implement 55 the comprehensive plan must incorporate each development order 56 existing before the comprehensive plan’s effective date, may not 57 impair the completion of a development in accordance with such 58 existing development order, and must vest the density and 59 intensity approved by such development order existing on the 60 effective date of the comprehensive plan without limitation or 61 modification. 62 (11) A county may not adopt, after January 1, 2020, any 63 comprehensive plan, land development regulation, or other form 64 of restriction that serves as a limitation on a municipality 65 from establishing land use and zoning on lands located within a 66 municipality unless the municipality, through its own 67 ordinances, adopts and imposes the provision, goal, objective, 68 or policy on lands located within the municipal jurisdiction. A 69 county may not limit a municipality from deciding the land uses, 70 density, and intensity allowed on lands annexed into a 71 municipality as long as the municipality is in compliance with 72 subsection (3). This subsection does not apply to a charter 73 county with a population in excess of 750,000 as of January 1, 74 2020, which has in place as of that date charter provisions 75 governing land use or development, which provisions apply to all 76 jurisdictions within the county. 77 Section 2. Subsection (4) is added to section 171.042, 78 Florida Statutes, to read: 79 171.042 Prerequisites to annexation.— 80 (4) Except as otherwise provided in s. 171.205, a 81 municipality may not annex an area within another municipal 82 jurisdiction without the other municipality’s consent. 83 Section 3. Present subsection (4) of section 163.3168, 84 Florida Statutes, is redesignated as subsection (5), and a new 85 subsection (4) is added to that section, to read: 86 163.3168 Planning innovations and technical assistance.— 87 (4) When selecting applications for funding for technical 88 assistance, the state land planning agency shall give a 89 preference to a county that has a population of 200,000 or less, 90 and to a municipality located within such a county, for 91 assistance in determining whether the area in and around a 92 proposed multiuse corridor interchange as described in s. 93 338.2278 contains appropriate land uses and natural resource 94 protections and for aid in developing or amending a local 95 government’s comprehensive plan to provide for such uses, 96 protections, and intended benefits as provided in s. 338.2278. 97 Section 4. Paragraph (i) is added to subsection (6) of 98 section 163.3177, Florida Statutes, to read: 99 163.3177 Required and optional elements of comprehensive 100 plan; studies and surveys.— 101 (6) In addition to the requirements of subsections (1)-(5), 102 the comprehensive plan shall include the following elements: 103 (i)1. In accordance with the legislative intent expressed 104 in ss. 163.3161(10) and 187.101(3) that governmental entities 105 respect judicially acknowledged and constitutionally protected 106 private property rights, each local government shall include in 107 its comprehensive plan a property rights element to ensure that 108 private property rights are considered in local decisionmaking. 109 A local government may adopt its own property rights element or 110 use the following statement of rights: 111 112 The following rights shall be considered in local 113 decisionmaking: 114 115 1. The right of a property owner to physically possess 116 and control his or her interests in the property, 117 including easements, leases, or mineral rights. 118 119 2. The right of a property owner to use, maintain, 120 develop, and improve his or her property for personal 121 use or the use of any other person, subject to state 122 law and local ordinances. 123 124 3. The right of the property owner to privacy and to 125 exclude others from the property to protect the 126 owner’s possessions and property. 127 128 4. The right of a property owner to dispose of his or 129 her property through sale or gift. 130 131 2. Each local government must adopt a property rights 132 element in its comprehensive plan by the earlier of its next 133 proposed plan amendment or July 1, 2023. If a local government 134 adopts its own property rights element, the element may not 135 conflict with the statement of rights provided in subparagraph 136 1. 137 Section 5. Section 163.3237, Florida Statutes, is amended 138 to read: 139 163.3237 Amendment or cancellation of a development 140 agreement.—A development agreement may be amended or canceled by 141 mutual consent of the parties to the agreement or by their 142 successors in interest. A party or its designated successor in 143 interest to a development agreement and a local government may 144 amend or cancel a development agreement without securing the 145 consent of other parcel owners whose property was originally 146 subject to the development agreement, unless the amendment or 147 cancellation directly modifies the allowable uses or 148 entitlements of such owners’ property. 149 Section 6. Subsection (4) of section 337.25, Florida 150 Statutes, is amended to read: 151 337.25 Acquisition, lease, and disposal of real and 152 personal property.— 153 (4) The department may convey, in the name of the state, 154 any land, building, or other property, real or personal, which 155 was acquired under subsection (1) and which the department has 156 determined is not needed for the construction, operation, and 157 maintenance of a transportation facility. When such a 158 determination has been made, property may be disposed of through 159 negotiations, sealed competitive bids, auctions, or any other 160 means the department deems to be in its best interest, with due 161 advertisement for property valued by the department at greater 162 than $10,000. A sale may not occur at a price less than the 163 department’s current estimate of value, except as provided in 164 paragraphs (a)-(d). The department may afford a right of first 165 refusal to the local government or other political subdivision 166 in the jurisdiction in which the parcel is situated, except in a 167 conveyance transacted under paragraph (a), paragraph (c), or 168 paragraph (e). Notwithstanding any provision of this section to 169 the contrary, before any conveyance under this subsection may be 170 made, except a conveyance under paragraph (a) or paragraph (c), 171 the department shall first afford a right of first refusal to 172 the previous property owner for the department’s current 173 estimate of value of the property. The right of first refusal 174 must be made in writing and sent to the previous owner via 175 certified mail or hand delivery, effective upon receipt. The 176 right of first refusal must provide the previous owner with a 177 minimum of 30 days to exercise the right in writing and must be 178 sent to the originator of the offer by certified mail or hand 179 delivery, effective upon dispatch. If the previous owner 180 exercises his or her right of first refusal, the previous owner 181 has a minimum of 90 days to close on the property. 182 (a) If the property has been donated to the state for 183 transportation purposes and a transportation facility has not 184 been constructed for at least 5 years, plans have not been 185 prepared for the construction of such facility, and the property 186 is not located in a transportation corridor, the governmental 187 entity may authorize reconveyance of the donated property for no 188 consideration to the original donor or the donor’s heirs, 189 successors, assigns, or representatives. 190 (b) If the property is to be used for a public purpose, the 191 property may be conveyed without consideration to a governmental 192 entity. 193 (c) If the property was originally acquired specifically to 194 provide replacement housing for persons displaced by 195 transportation projects, the department may negotiate for the 196 sale of such property as replacement housing. As compensation, 197 the state shall receive at least its investment in such property 198 or the department’s current estimate of value, whichever is 199 lower. It is expressly intended that this benefit be extended 200 only to persons actually displaced by the project. Dispositions 201 to any other person must be for at least the department’s 202 current estimate of value. 203 (d) If the department determines that the property requires 204 significant costs to be incurred or that continued ownership of 205 the property exposes the department to significant liability 206 risks, the department may use the projected maintenance costs 207 over the next 10 years to offset the property’s value in 208 establishing a value for disposal of the property, even if that 209 value is zero. 210 (e) If, at the discretion of the department, a sale to a 211 person other than an abutting property owner would be 212 inequitable, the property may be sold to the abutting owner for 213 the department’s current estimate of value. 214 Section 7. Subsection (2) of section 337.401, Florida 215 Statutes, is amended to read: 216 337.401 Use of right-of-way for utilities subject to 217 regulation; permit; fees.— 218 (2) The authority may grant to any person who is a resident 219 of this state, or to any corporation which is organized under 220 the laws of this state or licensed to do business within this 221 state, the use of a right-of-way for the utility in accordance 222 with such rules or regulations as the authority may adopt. No 223 utility shall be installed, located, or relocated unless 224 authorized by a written permit issued by the authority. However, 225 for public roads or publicly owned rail corridors under the 226 jurisdiction of the department, a utility relocation schedule 227 and relocation agreement may be executed in lieu of a written 228 permit. The permit shall require the permitholder to be 229 responsible for any damage resulting from the issuance of such 230 permit. The authority may initiate injunctive proceedings as 231 provided in s. 120.69 to enforce provisions of this subsection 232 or any rule or order issued or entered into pursuant thereto. A 233 permit application required under this subsection by a county or 234 municipality having jurisdiction and control of the right-of-way 235 of any public road must be processed and acted upon in 236 accordance with the timeframes provided in subparagraphs 237 (7)(d)7., 8., and 9. 238 Section 8. The Legislature finds and declares that this act 239 fulfills an important state interest. 240 Section 9. Paragraph (d) of subsection (4) of section 241 380.06, Florida Statutes, is amended to read: 242 380.06 Developments of regional impact.— 243 (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— 244 (d) Any agreement entered into by the state land planning 245 agency, the developer, and the local government with respect to 246 an approved development of regional impact previously classified 247 as essentially built out, or any other official determination 248 that an approved development of regional impact is essentially 249 built out, remains valid unless it expired on or before April 6, 250 2018, and may be amended pursuant to the processes adopted by 251 the local government for amending development orders. Any such 252 agreement or amendment may authorize the developer to exchange 253 approved land uses, subject to demonstrating that the exchange 254 will not increase impacts to public facilities. This paragraph 255 applies to all such agreements and amendments effective on or 256 after April 6, 2018. 257 Section 10. This act shall take effect July 1, 2020.