CS for CS for SB 410                            Second 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. 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.
   40  Be It Enacted by the Legislature of the State of Florida:
   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 adopted after 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:
  112         The following rights shall be considered in local
  113         decisionmaking:
  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.
  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.
  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.
  128         4.The right of a property owner to dispose of his or
  129         her property through sale or gift.
  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.—
  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.