Florida Senate - 2017                                    SB 1696
       
       
        
       By Senator Steube
       
       
       
       
       
       23-01018-17                                           20171696__
    1                        A bill to be entitled                      
    2         An act relating to subdivided lands; creating s.
    3         163.10, F.S.; providing legislative findings;
    4         providing a definition; establishing priorities for
    5         use by certain entities when awarding grants or
    6         financial assistance under certain circumstances for
    7         legacy community projects and programs; requiring a
    8         portion of specified grant funds or financial
    9         assistance to be awarded to entities who have
   10         submitted applications; providing an exception;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 163.10, Florida Statutes, is created to
   16  read:
   17         163.10 Legacy communities.—
   18         (1) The Legislature finds that:
   19         (a) Since the early days of the twentieth century,
   20  developers have subdivided large tracts of undeveloped and
   21  unincorporated land in the state with the vision of marketing
   22  and selling those subdivisions for small home or commercial
   23  sites.
   24         (b) The recorded plats of these subdivisions created vested
   25  rights in the purchasers before the creation and implementation
   26  of current subdivision, environmental, development, and
   27  comprehensive planning standards.
   28         (c) Legacy communities, as defined in this section, have
   29  antiquated development patterns that can create significant
   30  conflicts with current planning, infrastructure development and
   31  financing, and environmental protection laws.
   32         (d) Without assistance to mitigate the effects of these
   33  antiquated development patterns, legacy communities will remain
   34  at a financial disadvantage relative to other communities in the
   35  state, with a disproportionate burden being placed on
   36  residential ad valorem tax revenues to provide necessary
   37  services in the community.
   38         (2) For purposes of this section, the term “legacy
   39  community” means lands under a recorded plat which were
   40  registered as subdivided lands on or before July 1, 1985, under
   41  former chapter 498 or former chapter 478.
   42         (3) Each state agency and each public or private entity or
   43  corporation that administers a dedicated grant program or trust
   44  fund and receives legislative appropriations to fund grants or
   45  to provide financial assistance for community development or
   46  redevelopment, environmental protection or preservation, local
   47  improvements, concurrency, or management and development of real
   48  property in this state, shall award a portion of those grants or
   49  trust funds to entities that have filed an application as set
   50  forth in subsection (4), according to the following priorities:
   51         (a) First priority shall be given to any incorporated
   52  municipality in which any portion of its land consists of a
   53  legacy community, only for assistance with the following:
   54         1. To fund electrical, natural gas, water, or wastewater
   55  utility service infrastructure projects.
   56         2. To fund transportation infrastructure projects.
   57         3. To construct public schools, libraries, public safety
   58  facilities, or governmental facilities.
   59         4. To vacate or replat a previously recorded plat, or take
   60  land management actions to concentrate or aggregate lot owners
   61  in the areas of the legacy community which need updated or more
   62  efficient municipal services.
   63         5. To acquire, dedicate, or set aside portions of the
   64  legacy community to protect potable water supplies or water
   65  resources, or to create conservation easements, parks, or
   66  recreational areas in the legacy community.
   67         (b) Second priority shall be given to any special district,
   68  municipal services taxing unit, or municipal services benefit
   69  unit, any portion of which is comprised of a legacy community,
   70  only for assistance with the following:
   71         1. To fund electrical, natural gas, water, or wastewater
   72  utility service infrastructure projects.
   73         2. To fund transportation infrastructure projects.
   74         3. To construct public schools, libraries, public safety
   75  facilities, or governmental facilities.
   76         4. To vacate or replat a previously recorded plat, or take
   77  land management actions to concentrate or aggregate lot owners
   78  in the areas of the legacy community which need updated or more
   79  efficient municipal services.
   80         5. To acquire, dedicate, or set aside portions of the
   81  legacy community to protect potable water supplies or water
   82  resources, or to create conservation easements, parks, or
   83  recreational areas in the legacy community.
   84         (c) Third priority shall be given to applicants for
   85  projects other than those identified in paragraphs (a) or (b)
   86  but only if funds remain after the priorities in paragraphs (a)
   87  and (b) have been funded.
   88  
   89  The requirements of this subsection do not apply to state
   90  agencies that administer the Stan Mayfield Working Waterfronts
   91  program under s. 380.5105.
   92         (4) To become eligible for funding under subsection (3), an
   93  entity must apply to the appropriate state agency or public or
   94  private entity or corporation annually for funding for the
   95  following state fiscal year, identifying with particularity the
   96  amount of funding requested and the project or program to be
   97  funded.
   98         Section 2. This act shall take effect July 1, 2017.