CS for CS for SB 410                             First Engrossed
    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.
   37  Be It Enacted by the Legislature of the State of Florida:
   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 adopted after 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:
  103         The following rights shall be considered in local
  104         decisionmaking:
  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.
  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.
  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.
  119         4.The right of a property owner to dispose of his or
  120         her property through sale or gift.
  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.—
  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.