Florida Senate - 2021                                     SB 496
       By Senator Perry
       8-00438-21                                             2021496__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; specifying requirements for certain
    4         comprehensive plans effective, rather than adopted,
    5         after a specified date and for associated land
    6         development regulations; amending s. 163.3177, F.S.;
    7         requiring local governments to include a property
    8         rights element in their comprehensive plans; providing
    9         a statement of rights which a local government may
   10         use; requiring a local government to adopt a property
   11         rights element by a specified date; prohibiting a
   12         local government’s property rights element from
   13         conflicting with the statement of rights contained in
   14         the act; amending s. 163.3237, F.S.; providing that
   15         the consent of certain property owners is not required
   16         for development agreement changes under certain
   17         circumstances; providing an exception; amending s.
   18         337.25, F.S.; requiring the Department of
   19         Transportation to afford a right of first refusal to
   20         certain individuals under specified circumstances;
   21         providing requirements and procedures for the right of
   22         first refusal; amending s. 380.06, F.S.; authorizing
   23         certain developments of regional impact agreements to
   24         be amended under certain circumstances; providing
   25         retroactive applicability; providing a declaration of
   26         important state interest; providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Subsection (3) of section 163.3167, Florida
   31  Statutes, is amended to read:
   32         163.3167 Scope of act.—
   33         (3) A municipality established after the effective date of
   34  this act shall, within 1 year after incorporation, establish a
   35  local planning agency, pursuant to s. 163.3174, and prepare and
   36  adopt a comprehensive plan of the type and in the manner set out
   37  in this act within 3 years after the date of such incorporation.
   38  A county comprehensive plan is controlling until the
   39  municipality adopts a comprehensive plan in accordance with this
   40  act. A comprehensive plan effective adopted after January 1,
   41  2019, and all land development regulations adopted to implement
   42  the comprehensive plan must incorporate each development order
   43  existing before the comprehensive plan’s effective date, may not
   44  impair the completion of a development in accordance with such
   45  existing development order, and must vest the density and
   46  intensity approved by such development order existing on the
   47  effective date of the comprehensive plan without limitation or
   48  modification.
   49         Section 2. Paragraph (i) is added to subsection (6) of
   50  section 163.3177, Florida Statutes, to read:
   51         163.3177 Required and optional elements of comprehensive
   52  plan; studies and surveys.—
   53         (6) In addition to the requirements of subsections (1)-(5),
   54  the comprehensive plan shall include the following elements:
   55         (i)1.In accordance with the legislative intent expressed
   56  in ss. 163.3161(10) and 187.101(3) that governmental entities
   57  respect judicially acknowledged and constitutionally protected
   58  private property rights, each local government shall include in
   59  its comprehensive plan a property rights element to ensure that
   60  private property rights are considered in local decisionmaking.
   61  A local government may adopt its own property rights element or
   62  use the following statement of rights:
   64         The following rights shall be considered in local
   65         decisionmaking:
   67         1.The right of a property owner to physically possess
   68         and control his or her interests in the property,
   69         including easements, leases, or mineral rights.
   71         2.The right of a property owner to use, maintain,
   72         develop, and improve his or her property for personal
   73         use or the use of any other person, subject to state
   74         law and local ordinances.
   76         3.The right of the property owner to privacy and to
   77         exclude others from the property to protect the
   78         owner’s possessions and property.
   80         4.The right of a property owner to dispose of his or
   81         her property through sale or gift.
   83         2.Each local government must adopt a property rights
   84  element in its comprehensive plan by the earlier of its next
   85  proposed plan amendment or July 1, 2023. If a local government
   86  adopts its own property rights element, the element may not
   87  conflict with the statement of rights provided in subparagraph
   88  1.
   89         Section 3. Section 163.3237, Florida Statutes, is amended
   90  to read:
   91         163.3237 Amendment or cancellation of a development
   92  agreement.—A development agreement may be amended or canceled by
   93  mutual consent of the parties to the agreement or by their
   94  successors in interest. A party or its designated successor in
   95  interest to a development agreement and a local government may
   96  amend or cancel a development agreement without securing the
   97  consent of other parcel owners whose property was originally
   98  subject to the development agreement, unless the amendment or
   99  cancellation directly modifies the allowable uses or
  100  entitlements of such owners’ property.
  101         Section 4. Subsection (4) of section 337.25, Florida
  102  Statutes, is amended to read:
  103         337.25 Acquisition, lease, and disposal of real and
  104  personal property.—
  105         (4) The department may convey, in the name of the state,
  106  any land, building, or other property, real or personal, which
  107  was acquired under subsection (1) and which the department has
  108  determined is not needed for the construction, operation, and
  109  maintenance of a transportation facility. When such a
  110  determination has been made, property may be disposed of through
  111  negotiations, sealed competitive bids, auctions, or any other
  112  means the department deems to be in its best interest, with due
  113  advertisement for property valued by the department at greater
  114  than $10,000. A sale may not occur at a price less than the
  115  department’s current estimate of value, except as provided in
  116  paragraphs (a)-(d). The department may afford a right of first
  117  refusal to the local government or other political subdivision
  118  in the jurisdiction in which the parcel is situated, except in a
  119  conveyance transacted under paragraph (a), paragraph (c), or
  120  paragraph (e). Notwithstanding any provision of this section to
  121  the contrary, before any conveyance under this subsection may be
  122  made, except a conveyance under paragraph (a) or paragraph (c),
  123  the department shall first afford a right of first refusal to
  124  the previous property owner for the department’s current
  125  estimate of value of the property. The right of first refusal
  126  must be made in writing and sent to the previous owner via
  127  certified mail or hand delivery, effective upon receipt. The
  128  right of first refusal must provide the previous owner with a
  129  minimum of 30 days to exercise the right in writing and must be
  130  sent to the originator of the offer by certified mail or hand
  131  delivery, effective upon dispatch. If the previous owner
  132  exercises his or her right of first refusal, the previous owner
  133  has a minimum of 90 days to close on the property.
  134         (a) If the property has been donated to the state for
  135  transportation purposes and a transportation facility has not
  136  been constructed for at least 5 years, plans have not been
  137  prepared for the construction of such facility, and the property
  138  is not located in a transportation corridor, the governmental
  139  entity may authorize reconveyance of the donated property for no
  140  consideration to the original donor or the donor’s heirs,
  141  successors, assigns, or representatives.
  142         (b) If the property is to be used for a public purpose, the
  143  property may be conveyed without consideration to a governmental
  144  entity.
  145         (c) If the property was originally acquired specifically to
  146  provide replacement housing for persons displaced by
  147  transportation projects, the department may negotiate for the
  148  sale of such property as replacement housing. As compensation,
  149  the state shall receive at least its investment in such property
  150  or the department’s current estimate of value, whichever is
  151  lower. It is expressly intended that this benefit be extended
  152  only to persons actually displaced by the project. Dispositions
  153  to any other person must be for at least the department’s
  154  current estimate of value.
  155         (d) If the department determines that the property requires
  156  significant costs to be incurred or that continued ownership of
  157  the property exposes the department to significant liability
  158  risks, the department may use the projected maintenance costs
  159  over the next 10 years to offset the property’s value in
  160  establishing a value for disposal of the property, even if that
  161  value is zero.
  162         (e) If, at the discretion of the department, a sale to a
  163  person other than an abutting property owner would be
  164  inequitable, the property may be sold to the abutting owner for
  165  the department’s current estimate of value.
  166         Section 5. Paragraph (d) of subsection (4) of section
  167  380.06, Florida Statutes, is amended to read:
  168         380.06 Developments of regional impact.—
  170         (d) Any agreement entered into by the state land planning
  171  agency, the developer, and the local government with respect to
  172  an approved development of regional impact previously classified
  173  as essentially built out, or any other official determination
  174  that an approved development of regional impact is essentially
  175  built out, remains valid unless it expired on or before April 6,
  176  2018, and may be amended pursuant to the processes adopted by
  177  the local government for amending development orders. Any such
  178  agreement or amendment may authorize the developer to exchange
  179  approved land uses, subject to demonstrating that the exchange
  180  will not increase impacts to public facilities. This paragraph
  181  applies to all such agreements and amendments effective on or
  182  after April 6, 2018.
  183         Section 6. The Legislature finds and declares that this act
  184  fulfills an important state interest.
  185         Section 7. This act shall take effect July 1, 2021.