Florida Senate - 2021 SB 496 By Senator Perry 8-00438-21 2021496__ 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, rather than adopted, 5 after a specified date and for associated land 6 development regulations; amending s. 163.3177, F.S.; 7 requiring local governments to include a property 8 rights element in their comprehensive plans; providing 9 a statement of rights which a local government may 10 use; requiring a local government to adopt a property 11 rights element by a specified date; prohibiting a 12 local government’s property rights element from 13 conflicting with the statement of rights contained in 14 the act; amending s. 163.3237, F.S.; providing that 15 the consent of certain property owners is not required 16 for development agreement changes under certain 17 circumstances; providing an exception; amending s. 18 337.25, F.S.; requiring the Department of 19 Transportation to afford a right of first refusal to 20 certain individuals under specified circumstances; 21 providing requirements and procedures for the right of 22 first refusal; amending s. 380.06, F.S.; authorizing 23 certain developments of regional impact agreements to 24 be amended under certain circumstances; providing 25 retroactive applicability; providing a declaration of 26 important state interest; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsection (3) of section 163.3167, Florida 31 Statutes, is amended to read: 32 163.3167 Scope of act.— 33 (3) A municipality established after the effective date of 34 this act shall, within 1 year after incorporation, establish a 35 local planning agency, pursuant to s. 163.3174, and prepare and 36 adopt a comprehensive plan of the type and in the manner set out 37 in this act within 3 years after the date of such incorporation. 38 A county comprehensive plan is controlling until the 39 municipality adopts a comprehensive plan in accordance with this 40 act. A comprehensive plan effectiveadoptedafter January 1, 41 2019, and all land development regulations adopted to implement 42 the comprehensive plan must incorporate each development order 43 existing before the comprehensive plan’s effective date, may not 44 impair the completion of a development in accordance with such 45 existing development order, and must vest the density and 46 intensity approved by such development order existing on the 47 effective date of the comprehensive plan without limitation or 48 modification. 49 Section 2. Paragraph (i) is added to subsection (6) of 50 section 163.3177, Florida Statutes, to read: 51 163.3177 Required and optional elements of comprehensive 52 plan; studies and surveys.— 53 (6) In addition to the requirements of subsections (1)-(5), 54 the comprehensive plan shall include the following elements: 55 (i)1. In accordance with the legislative intent expressed 56 in ss. 163.3161(10) and 187.101(3) that governmental entities 57 respect judicially acknowledged and constitutionally protected 58 private property rights, each local government shall include in 59 its comprehensive plan a property rights element to ensure that 60 private property rights are considered in local decisionmaking. 61 A local government may adopt its own property rights element or 62 use the following statement of rights: 63 64 The following rights shall be considered in local 65 decisionmaking: 66 67 1. The right of a property owner to physically possess 68 and control his or her interests in the property, 69 including easements, leases, or mineral rights. 70 71 2. The right of a property owner to use, maintain, 72 develop, and improve his or her property for personal 73 use or the use of any other person, subject to state 74 law and local ordinances. 75 76 3. The right of the property owner to privacy and to 77 exclude others from the property to protect the 78 owner’s possessions and property. 79 80 4. The right of a property owner to dispose of his or 81 her property through sale or gift. 82 83 2. Each local government must adopt a property rights 84 element in its comprehensive plan by the earlier of its next 85 proposed plan amendment or July 1, 2023. If a local government 86 adopts its own property rights element, the element may not 87 conflict with the statement of rights provided in subparagraph 88 1. 89 Section 3. Section 163.3237, Florida Statutes, is amended 90 to read: 91 163.3237 Amendment or cancellation of a development 92 agreement.—A development agreement may be amended or canceled by 93 mutual consent of the parties to the agreement or by their 94 successors in interest. A party or its designated successor in 95 interest to a development agreement and a local government may 96 amend or cancel a development agreement without securing the 97 consent of other parcel owners whose property was originally 98 subject to the development agreement, unless the amendment or 99 cancellation directly modifies the allowable uses or 100 entitlements of such owners’ property. 101 Section 4. Subsection (4) of section 337.25, Florida 102 Statutes, is amended to read: 103 337.25 Acquisition, lease, and disposal of real and 104 personal property.— 105 (4) The department may convey, in the name of the state, 106 any land, building, or other property, real or personal, which 107 was acquired under subsection (1) and which the department has 108 determined is not needed for the construction, operation, and 109 maintenance of a transportation facility. When such a 110 determination has been made, property may be disposed of through 111 negotiations, sealed competitive bids, auctions, or any other 112 means the department deems to be in its best interest, with due 113 advertisement for property valued by the department at greater 114 than $10,000. A sale may not occur at a price less than the 115 department’s current estimate of value, except as provided in 116 paragraphs (a)-(d). The department may afford a right of first 117 refusal to the local government or other political subdivision 118 in the jurisdiction in which the parcel is situated, except in a 119 conveyance transacted under paragraph (a), paragraph (c), or 120 paragraph (e). Notwithstanding any provision of this section to 121 the contrary, before any conveyance under this subsection may be 122 made, except a conveyance under paragraph (a) or paragraph (c), 123 the department shall first afford a right of first refusal to 124 the previous property owner for the department’s current 125 estimate of value of the property. The right of first refusal 126 must be made in writing and sent to the previous owner via 127 certified mail or hand delivery, effective upon receipt. The 128 right of first refusal must provide the previous owner with a 129 minimum of 30 days to exercise the right in writing and must be 130 sent to the originator of the offer by certified mail or hand 131 delivery, effective upon dispatch. If the previous owner 132 exercises his or her right of first refusal, the previous owner 133 has a minimum of 90 days to close on the property. 134 (a) If the property has been donated to the state for 135 transportation purposes and a transportation facility has not 136 been constructed for at least 5 years, plans have not been 137 prepared for the construction of such facility, and the property 138 is not located in a transportation corridor, the governmental 139 entity may authorize reconveyance of the donated property for no 140 consideration to the original donor or the donor’s heirs, 141 successors, assigns, or representatives. 142 (b) If the property is to be used for a public purpose, the 143 property may be conveyed without consideration to a governmental 144 entity. 145 (c) If the property was originally acquired specifically to 146 provide replacement housing for persons displaced by 147 transportation projects, the department may negotiate for the 148 sale of such property as replacement housing. As compensation, 149 the state shall receive at least its investment in such property 150 or the department’s current estimate of value, whichever is 151 lower. It is expressly intended that this benefit be extended 152 only to persons actually displaced by the project. Dispositions 153 to any other person must be for at least the department’s 154 current estimate of value. 155 (d) If the department determines that the property requires 156 significant costs to be incurred or that continued ownership of 157 the property exposes the department to significant liability 158 risks, the department may use the projected maintenance costs 159 over the next 10 years to offset the property’s value in 160 establishing a value for disposal of the property, even if that 161 value is zero. 162 (e) If, at the discretion of the department, a sale to a 163 person other than an abutting property owner would be 164 inequitable, the property may be sold to the abutting owner for 165 the department’s current estimate of value. 166 Section 5. Paragraph (d) of subsection (4) of section 167 380.06, Florida Statutes, is amended to read: 168 380.06 Developments of regional impact.— 169 (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— 170 (d) Any agreement entered into by the state land planning 171 agency, the developer, and the local government with respect to 172 an approved development of regional impact previously classified 173 as essentially built out, or any other official determination 174 that an approved development of regional impact is essentially 175 built out, remains valid unless it expired on or before April 6, 176 2018, and may be amended pursuant to the processes adopted by 177 the local government for amending development orders. Any such 178 agreement or amendment may authorize the developer to exchange 179 approved land uses, subject to demonstrating that the exchange 180 will not increase impacts to public facilities. This paragraph 181 applies to all such agreements and amendments effective on or 182 after April 6, 2018. 183 Section 6. The Legislature finds and declares that this act 184 fulfills an important state interest. 185 Section 7. This act shall take effect July 1, 2021.