Florida Senate - 2021                                    SB 1274
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01062B-21                                           20211274__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; authorizing landowners with
    4         development orders existing before the incorporation
    5         of a municipality to elect to abandon such orders and
    6         develop the vested density and intensity contained
    7         therein under specified conditions; amending s.
    8         163.3187, F.S.; revising the required acreage
    9         thresholds under which a small scale development
   10         amendment may be adopted; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) of section 163.3167, Florida
   15  Statutes, is amended to read:
   16         163.3167 Scope of act.—
   17         (5) Nothing in this act shall limit or modify the rights of
   18  any person to complete any development that has been authorized
   19  as a development of regional impact pursuant to chapter 380 or
   20  who has been issued a final local development order and
   21  development has commenced and is continuing in good faith. Any
   22  landowner with a development order existing before the
   23  incorporation of a municipality may elect to abandon the
   24  development order and develop the vested density and intensity
   25  contained therein pursuant to the municipality’s comprehensive
   26  plan and land development regulations adopted pursuant to
   27  subsection (3) so long as the vested uses, density, and
   28  intensity are consistent with the municipality’s comprehensive
   29  plan.
   30         Section 2. Subsections (1) and (3) of section 163.3187,
   31  Florida Statutes, are amended to read:
   32         163.3187 Process for adoption of small scale small-scale
   33  comprehensive plan amendment.—
   34         (1) A small scale development amendment may be adopted
   35  under the following conditions:
   36         (a) The proposed amendment involves a use of 50 10 acres or
   37  fewer. and:
   38         (b) The proposed amendment does not involve a text change
   39  to the goals, policies, and objectives of the local government’s
   40  comprehensive plan, but only proposes a land use change to the
   41  future land use map for a site-specific small scale development
   42  activity. However, text changes that relate directly to, and are
   43  adopted simultaneously with, the small scale future land use map
   44  amendment shall be permissible under this section.
   45         (c) The property that is the subject of the proposed
   46  amendment is not located within an area of critical state
   47  concern, unless the project subject to the proposed amendment
   48  involves the construction of affordable housing units meeting
   49  the criteria of s. 420.0004(3), and is located within an area of
   50  critical state concern designated by s. 380.0552 or by the
   51  Administration Commission pursuant to s. 380.05(1).
   52         (3) If the small scale development amendment involves a
   53  site within a rural area of opportunity as defined under s.
   54  288.0656(2)(d) for the duration of such designation, the acreage
   55  10-acre limit listed in subsection (1) shall be increased by 100
   56  percent to 20 acres. The local government approving the small
   57  scale plan amendment shall certify to the state land planning
   58  agency that the plan amendment furthers the economic objectives
   59  set forth in the executive order issued under s. 288.0656(7),
   60  and the property subject to the plan amendment shall undergo
   61  public review to ensure that all concurrency requirements and
   62  federal, state, and local environmental permit requirements are
   63  met.
   64         Section 3. This act shall take effect July 1, 2021.