CS for CS for CS for SB 354                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2026354e1
       
    1                        A bill to be entitled                      
    2         An act relating to blue ribbon projects; creating s.
    3         163.3249, F.S.; providing a purpose and legislative
    4         intent; defining terms; requiring that a development
    5         project meet certain requirements to qualify as a blue
    6         ribbon project; providing maximum residential density
    7         and nonresidential intensity permitted within the
    8         development area of a blue ribbon project; requiring
    9         that a specified percentage of the project’s
   10         residential units meet certain requirements; requiring
   11         the development area to be developed in phases;
   12         requiring certain development rights and mitigation of
   13         project impacts to be vested for a specified period;
   14         requiring a blue ribbon project to have a blue ribbon
   15         plan; requiring such plan to contain certain
   16         documents; requiring such plan to be based on a
   17         specified period and specify certain information
   18         during such period; providing that a plan is not
   19         required to demonstrate certain need; requiring a
   20         project to receive dollar-for-dollar credits from a
   21         local government under certain circumstances;
   22         providing that certain easements or property must be
   23         granted without charge; prohibiting a plan from
   24         contemplating the use of a certain district; requiring
   25         a landowner to apply to the local government for
   26         approval of a plan, including certain amendments;
   27         providing that a plan that meets certain requirements
   28         is presumed, subject to rebuttal, to be consistent
   29         with the local government’s comprehensive plan and in
   30         compliance with specified provisions; specifying that
   31         an applicant has a right to request that the
   32         application be reviewed at any time; prohibiting such
   33         a request from being made sooner than a specified time
   34         period; providing local government review
   35         requirements; providing notice requirements if the
   36         local government denies an application; providing that
   37         the blue ribbon plan governs the use of the property
   38         upon approval of the plan application by the local
   39         government; providing that a project may be located on
   40         land with any future land use designation or zoning
   41         designation; requiring the local government to record
   42         the plan following approval in the public records of
   43         the county in which the project property is located;
   44         requiring the local government to insert the text
   45         amendment into the comprehensive plan’s future land
   46         use element and denote the site-specific amendment on
   47         the comprehensive plan’s future land use map;
   48         prohibiting an applicant from amending a recorded plan
   49         or text amendment without undergoing a specified,
   50         limited review; authorizing an applicant to hire a
   51         private company to conduct plan reviews and building
   52         inspections; providing appeal procedures for the
   53         denial and approval of a blue ribbon plan application,
   54         including certain amendments; providing environmental
   55         review requirements; providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Section 163.3249, Florida Statutes, is created
   60  to read:
   61         163.3249Blue ribbon projects.—
   62         (1)PURPOSE AND INTENT.—The purpose of this section is to
   63  balance the protection of important state resources, such as the
   64  natural environment and existing agricultural and silvicultural
   65  uses, with the need to provide longer-term, well-planned
   66  communities and job opportunities for the state’s future. It is
   67  the intent of the Legislature to accomplish this goal by
   68  incentivizing large landowners in this state to be good stewards
   69  of the natural environment and existing agricultural and
   70  silvicultural land while at the same time promoting a more
   71  sustainable pattern of development. The Legislature intends to
   72  create blue ribbon projects, and to provide a mechanism by which
   73  local governments shall implement those projects within their
   74  boundaries, in order to promote the goals of preserving natural
   75  areas, encouraging agricultural land uses and rural land
   76  stewardship, protecting critical ecological systems, expanding
   77  wildlife corridors, and providing more compact mixed-use
   78  developments designed for long-term viability.
   79         (2)DEFINITIONS.—As used in this section, the term:
   80         (a)“Applicant” means the owner of land on which a blue
   81  ribbon project is proposed.
   82         (b)“Blue ribbon plan” or “plan” means the conceptual
   83  master plan for the blue ribbon project that is required by
   84  subsection (5).
   85         (c)“Blue ribbon project” or “project” means a project that
   86  meets the requirements of this section.
   87         (d)“Blue ribbon project overlay” means an overlay district
   88  approved by a local government in its comprehensive plan which
   89  must adhere to the blue ribbon plan approved by the local
   90  government.
   91         (e)“Development area” means land that may be used for
   92  residential, commercial, industrial, office, civic, and
   93  institutional purposes and complies with the requirements of
   94  paragraph (3)(c) and subsection (4). Development areas may not
   95  contain data centers.
   96         (f)“Missing middle housing” means a range of for-sale and
   97  for-rent housing types, including, but not limited to, duplexes,
   98  triplexes, townhomes, small multifamily buildings, and small
   99  detached single-family homes, that fill the gap between larger
  100  single-family homes and larger apartment buildings. Such housing
  101  may be vertically and horizontally integrated.
  102         (g)“Reserve area” means land that is set aside for
  103  environmental conservation, wildlife corridors, wetland and
  104  wildlife mitigation, lakes, passive recreation, productive
  105  agriculture and silviculture, conservation agreements granted to
  106  the Department of Agriculture and Consumer Services pursuant to
  107  s. 570.71, activities permitted by conservation easements
  108  entered into with the Department of Agriculture and Consumer
  109  Services pursuant to s. 570.71, and uses of public benefit and
  110  that complies with the requirements of paragraph (3)(b). Reserve
  111  areas may not contain golf courses, data centers, or solar
  112  farms.
  113         (h)“Uses of public benefit” means uses including parks,
  114  active recreation, stormwater management facilities, flood
  115  control facilities, utility facilities, and reservoirs.
  116         (3)MINIMUM REQUIREMENTS.—A property must meet all of the
  117  following requirements to qualify as a blue ribbon project:
  118         (a)The property must contain a minimum of 15,000 acres of
  119  land which are contiguous, as defined in s. 163.3163(3), which
  120  are owned by the same person or by entities owned or controlled
  121  by the same person, and a majority of which are not located
  122  within a municipality.
  123         (b)At least 60 percent of the land contained in the
  124  project must be reserve area. Land contained in a conservation
  125  easement before July 1, 2026, does not qualify as reserve area
  126  for the purposes of meeting the 60 percent threshold. The
  127  reserve area must meet all of the following requirements:
  128         1.If any property boundary is contiguous to state-owned
  129  environmental land or the Florida wildlife corridor, a portion
  130  of the project’s reserve area must be located adjacent to a
  131  portion of the state-owned land or the Florida wildlife
  132  corridor, as applicable.
  133         2.At least 70 percent of the reserve area must be
  134  contiguous, as defined in s. 163.3163(3).
  135         3.Uses of public benefit may not exceed 15 percent of the
  136  reserve area.
  137         (c)Up to 40 percent of the land contained in the project
  138  may be development area. The development area must meet all of
  139  the following requirements:
  140         1.Individual development areas within the project must be
  141  designed to enhance walkability and mobility and must include a
  142  mixture of land uses.
  143         2.At least 10 percent of the development area must be
  144  allocated to nonresidential land use.
  145         3.A portion of the development area must be allocated to
  146  uses intended to provide economic development within the area
  147  where the property is located. The development area so allocated
  148  must be in a location that is accessible to an interstate
  149  interchange, a state road, an active rail line, or an airport or
  150  other transportation facility.
  151         4.The development area must have a dense, walkable, mixed
  152  use development pattern.
  153         5.Types of residential units within the development area
  154  must be varied and include single-family, multifamily, and
  155  attached and detached residential units.
  156         (4)DEVELOPMENT AREA DENSITIES AND INTENSITIES.—
  157         (a)A maximum residential density of 12 units per gross
  158  acre, and a maximum nonresidential intensity of 85 percent
  159  impervious surface ratio per gross acre, are permitted within
  160  the development area, as measured in combination throughout all
  161  phases of the project. A building that contains residential
  162  units and nonresidential uses shall be considered residential.
  163         (b)At least 20 percent of residential units within the
  164  development area in each phase of the project must be a
  165  combination of the following:
  166         1.Housing that is affordable, as defined in s. 420.0004,
  167  for natural persons or families who meet the extremely-low
  168  income, very-low-income, or low-income limits specified in s.
  169  420.0004.
  170         2.Missing middle housing.
  171         3.Housing that is affordable, as defined in s. 420.0004,
  172  for persons eligible for the Florida Hometown Hero Program under
  173  s. 420.5096.
  174         (c)The development area must be developed in phases.
  175  Development rights and mitigation of project impacts shall be
  176  vested for 50 years. If the applicant achieves development, as
  177  defined in s. 380.04, of at least 50 percent of the development
  178  area within 50 years after the project’s date of initial public
  179  dedication of infrastructure, the vested period must be extended
  180  for an additional 25 years.
  181         (5)BLUE RIBBON PLANS.—
  182         (a)A blue ribbon project must have a blue ribbon plan that
  183  complies with the requirements of subsections (3) and (4).
  184         (b)A blue ribbon plan must contain the following
  185  documents:
  186         1.A long-term master development map that, at a minimum,
  187  depicts the conceptual locations of:
  188         a.Reserve area and development area throughout the
  189  property.
  190         b.Major planned transportation corridors, including roads,
  191  multipurpose trails, and transit.
  192         c.Proposed civic and school sites.
  193         d.Proposed utility sites.
  194         2.A conceptual phasing plan depicting land uses within
  195  reserve areas and development areas, densities and intensities
  196  of development within development areas, public facility
  197  mitigation for such development within each phase, and
  198  approximate acreage of reserve area in each phase.
  199         3.A conceptual water supply plan and a conceptual
  200  wastewater plan to show the project’s compliance with s.
  201  163.3180. The plans may allow water and wastewater supplies to
  202  be provided in phases.
  203         4.A conceptual transportation and mobility plan to show
  204  the project’s compliance with s. 163.3180. The plans may allow
  205  transportation facilities to be provided in phases.
  206         5.A conceptual parks and recreation plan to show the
  207  project’s compliance with s. 163.3180. The plans may allow parks
  208  and recreational facilities to be provided in phases.
  209         6.A conceptual resource protection plan to show the
  210  conservation of, and, as appropriate, restoration and management
  211  of, regionally significant natural resources within the reserve
  212  area. The protection of regionally significant natural resources
  213  within the reserve area is determined to be a net ecosystem
  214  benefit.
  215         7.Development standards for each type of land use proposed
  216  within the development area which is typically found in a
  217  planned unit development as defined in s. 163.3202(5)(b).
  218         (c)A blue ribbon plan must be based on a planning period
  219  longer than the generally applicable planning period of the
  220  local comprehensive plan and must specify the projected
  221  population within the planning area during the chosen planning
  222  period. A plan is not required to demonstrate need based on
  223  projected population growth or any other basis. If, under the
  224  plan, a project contributes land or funds or otherwise causes
  225  the construction of public facilities pursuant to s. 163.3180,
  226  the project must receive dollar-for-dollar credits against
  227  impact, mobility, proportionate share, or other fee credits from
  228  the local government for such facility improvements as required
  229  by s. 163.3180.
  230         (d)All park and recreational uses in the parks and
  231  recreation plan required by subparagraph (b)5. must comply with
  232  the achieved level of service based on the latest local
  233  government impact fee study in place at the time of enactment of
  234  this section.
  235         (e)A blue ribbon plan must provide that any easement
  236  granted to the Department of Agriculture and Consumer Services
  237  pursuant to s. 570.71 for portions of the reserve area that will
  238  be reserved for uses consistent with that section must be
  239  granted without charge. The granting of the easement shall occur
  240  upon agreement between the Department of Agriculture and
  241  Consumer Services and the landowner regarding allowable uses of
  242  the easement interest. If an easement or property is granted to
  243  any other state agency, water management district, or local
  244  government, the easement or property shall be granted without
  245  charge.
  246         (f)A blue ribbon plan may not contemplate the use of a
  247  stewardship district.
  248         (6)LOCAL GOVERNMENT REVIEW OF BLUE RIBBON PLANS.—
  249         (a)A landowner must apply to the local government for
  250  approval of a blue ribbon plan, including the proposed text
  251  amendment to the comprehensive plan’s future land use element
  252  and a site-specific comprehensive plan future land use map
  253  amendment to designate the property a blue ribbon project
  254  overlay. A blue ribbon plan that meets the requirements of this
  255  section is presumed, subject to rebuttal, to be consistent with
  256  the local government’s comprehensive plan and in compliance with
  257  s. 163.3177(1)(f) and (6), as applicable. The presumption may be
  258  overcome by the local governing authority upon a finding that
  259  the blue ribbon plan is substantially inconsistent with the
  260  provisions of the governing comprehensive plan. At any time
  261  during the local government review of the plan application, the
  262  applicant shall have the right to request that the application
  263  be placed on the soonest-available agenda of the local
  264  government for a public hearing. However, such a request may not
  265  be made sooner than 60 days after public notice of the first
  266  public hearing conducted pursuant to paragraph (b).
  267         (b)The local government must conduct two public hearings
  268  relating to the approval of a blue ribbon plan application,
  269  including the proposed text amendment to the comprehensive
  270  plan’s future land use element and a site-specific comprehensive
  271  plan future land use map amendment. The first public hearing
  272  must be conducted by the local government’s land planning
  273  agency. The second public hearing must be conducted by the local
  274  government’s commission or council, at which time the
  275  application must be approved or denied by the commission or
  276  council. The local government shall give public notice of the
  277  public hearings in the same manner as it provides notice for
  278  comprehensive plan amendment applications.
  279         (c)If the local government denies a blue ribbon plan
  280  application, the local government must give written notice to
  281  the applicant within 5 days after denial of the application,
  282  stating the grounds for the denial, including any applicable
  283  ordinances, rules, statutes, comprehensive plan provisions, or
  284  other authority for the denial.
  285         (d)Upon approval by the local government of a blue ribbon
  286  plan, including the proposed text amendment to the comprehensive
  287  plan’s future land use element and a site-specific comprehensive
  288  plan future land use map amendment, the plan shall govern use of
  289  the property in lieu of applicable comprehensive plan future
  290  land use requirements and applicable land development
  291  regulations. The blue ribbon plan shall serve as the governing
  292  document for the blue ribbon project overlay.
  293         (e)A blue ribbon project may be located on land with any
  294  future land use designation provided in the applicable local
  295  government’s comprehensive plan and with any zoning designation
  296  listed in the applicable local government’s land development
  297  regulations.
  298         (f)Following approval by the local government of a blue
  299  ribbon plan application, the local government must record the
  300  plan in the public records of the county in which the property
  301  is located, and the plan shall run with title to the land. The
  302  local government must also insert the text amendment into the
  303  comprehensive plan’s future land use element and denote the
  304  site-specific amendment on the comprehensive plan’s future land
  305  use map. The recorded plan or text amendment may not be amended
  306  or revised without local government review in accordance with
  307  paragraph (a), and such review is limited to the portions of the
  308  plan or text amendment which are being amended or revised.
  309         (g)An applicant may hire a private company to conduct plan
  310  reviews and building inspections pursuant to s. 553.791.
  311         (7)APPEAL PROCEDURE.—
  312         (a)An applicant may appeal the local government’s denial
  313  of an application for a blue ribbon plan, including the proposed
  314  text amendment to the comprehensive plan’s future land use
  315  element and the site-specific comprehensive plan future land use
  316  map amendment, by filing a de novo action for declaratory,
  317  injunctive, or other relief. The court may not use a deferential
  318  standard for the benefit of the local government. Before
  319  initiating such an action, the applicant may use the dispute
  320  resolution procedures under s. 70.51.
  321         (b)The approval of a blue ribbon plan application,
  322  including the proposed text amendment to the comprehensive
  323  plan’s future land use element and the site-specific
  324  comprehensive plan future land use map amendment, may be
  325  appealed in the same manner as provided in s. 163.3184(5).
  326         (8)ENVIRONMENTAL REVIEW.—A blue ribbon project must comply
  327  with applicable provisions of chapters 373 and 403.
  328         Section 2. This act shall take effect July 1, 2026.