Florida Senate - 2021                              CS for SB 496
       By the Committee on Community Affairs; and Senator Perry
       578-02373-21                                           2021496c1
    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 the earlier of its adoption of its
   12         next proposed plan amendment initiated after a certain
   13         date or the next scheduled evaluation and appraisal of
   14         its comprehensive plan; prohibiting a local
   15         government’s property rights element from conflicting
   16         with the statement of rights contained in the act;
   17         amending s. 163.3237, F.S.; providing that the consent
   18         of certain property owners is not required for
   19         development agreement changes under certain
   20         circumstances; providing an exception; amending s.
   21         337.25, F.S.; requiring the Department of
   22         Transportation to afford a right of first refusal to
   23         certain individuals under specified circumstances;
   24         providing requirements and procedures for the right of
   25         first refusal; amending s. 380.06, F.S.; authorizing
   26         certain developments of regional impact agreements to
   27         be amended under certain circumstances; providing
   28         retroactive applicability; providing a declaration of
   29         important state interest; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Subsection (3) of section 163.3167, Florida
   34  Statutes, is amended to read:
   35         163.3167 Scope of act.—
   36         (3) A municipality established after the effective date of
   37  this act shall, within 1 year after incorporation, establish a
   38  local planning agency, pursuant to s. 163.3174, and prepare and
   39  adopt a comprehensive plan of the type and in the manner set out
   40  in this act within 3 years after the date of such incorporation.
   41  A county comprehensive plan is controlling until the
   42  municipality adopts a comprehensive plan in accordance with this
   43  act. A comprehensive plan for a newly incorporated municipality
   44  which becomes effective adopted after January 1, 2016 2019, and
   45  all land development regulations adopted to implement the
   46  comprehensive plan must incorporate each development order
   47  existing before the comprehensive plan’s effective date, may not
   48  impair the completion of a development in accordance with such
   49  existing development order, and must vest the density and
   50  intensity approved by such development order existing on the
   51  effective date of the comprehensive plan without limitation or
   52  modification.
   53         Section 2. Paragraph (i) is added to subsection (6) of
   54  section 163.3177, Florida Statutes, to read:
   55         163.3177 Required and optional elements of comprehensive
   56  plan; studies and surveys.—
   57         (6) In addition to the requirements of subsections (1)-(5),
   58  the comprehensive plan shall include the following elements:
   59         (i)1.In accordance with the legislative intent expressed
   60  in ss. 163.3161(10) and 187.101(3) that governmental entities
   61  respect judicially acknowledged and constitutionally protected
   62  private property rights, each local government shall include in
   63  its comprehensive plan a property rights element to ensure that
   64  private property rights are considered in local decisionmaking.
   65  A local government may adopt its own property rights element or
   66  use the following statement of rights:
   68         The following rights shall be considered in local
   69         decisionmaking:
   71         1.The right of a property owner to physically possess
   72         and control his or her interests in the property,
   73         including easements, leases, or mineral rights.
   75         2.The right of a property owner to use, maintain,
   76         develop, and improve his or her property for personal
   77         use or the use of any other person, subject to state
   78         law and local ordinances.
   80         3.The right of the property owner to privacy and to
   81         exclude others from the property to protect the
   82         owner’s possessions and property.
   84         4.The right of a property owner to dispose of his or
   85         her property through sale or gift.
   87         2.Each local government must adopt a property rights
   88  element in its comprehensive plan by the earlier of its adoption
   89  of its next proposed plan amendment that is initiated after July
   90  1, 2021, or the next scheduled evaluation and appraisal of its
   91  comprehensive plan pursuant to s. 163.3191. If a local
   92  government adopts its own property rights element, the element
   93  may not conflict with the statement of rights provided in
   94  subparagraph 1.
   95         Section 3. Section 163.3237, Florida Statutes, is amended
   96  to read:
   97         163.3237 Amendment or cancellation of a development
   98  agreement.—A development agreement may be amended or canceled by
   99  mutual consent of the parties to the agreement or by their
  100  successors in interest. A party or its designated successor in
  101  interest to a development agreement and a local government may
  102  amend or cancel a development agreement without securing the
  103  consent of other parcel owners whose property was originally
  104  subject to the development agreement, unless the amendment or
  105  cancellation directly modifies the allowable uses or
  106  entitlements of such owners’ property.
  107         Section 4. Subsection (4) of section 337.25, Florida
  108  Statutes, is amended to read:
  109         337.25 Acquisition, lease, and disposal of real and
  110  personal property.—
  111         (4) The department may convey, in the name of the state,
  112  any land, building, or other property, real or personal, which
  113  was acquired under subsection (1) and which the department has
  114  determined is not needed for the construction, operation, and
  115  maintenance of a transportation facility. When such a
  116  determination has been made, property may be disposed of through
  117  negotiations, sealed competitive bids, auctions, or any other
  118  means the department deems to be in its best interest, with due
  119  advertisement for property valued by the department at greater
  120  than $10,000. A sale may not occur at a price less than the
  121  department’s current estimate of value, except as provided in
  122  paragraphs (a)-(d). The department may afford a right of first
  123  refusal to the local government or other political subdivision
  124  in the jurisdiction in which the parcel is situated, except in a
  125  conveyance transacted under paragraph (a), paragraph (c), or
  126  paragraph (e). Notwithstanding any provision of this section to
  127  the contrary, before any conveyance under this subsection may be
  128  made, except a conveyance under paragraph (a) or paragraph (c),
  129  the department shall first afford a right of first refusal to
  130  the previous property owner for the department’s current
  131  estimate of value of the property. The right of first refusal
  132  must be made in writing and sent to the previous owner via
  133  certified mail or hand delivery, effective upon receipt. The
  134  right of first refusal must provide the previous owner with a
  135  minimum of 30 days to exercise the right in writing and must be
  136  sent to the originator of the offer by certified mail or hand
  137  delivery, effective upon dispatch. If the previous owner
  138  exercises his or her right of first refusal, the previous owner
  139  has a minimum of 90 days to close on the property.
  140         (a) If the property has been donated to the state for
  141  transportation purposes and a transportation facility has not
  142  been constructed for at least 5 years, plans have not been
  143  prepared for the construction of such facility, and the property
  144  is not located in a transportation corridor, the governmental
  145  entity may authorize reconveyance of the donated property for no
  146  consideration to the original donor or the donor’s heirs,
  147  successors, assigns, or representatives.
  148         (b) If the property is to be used for a public purpose, the
  149  property may be conveyed without consideration to a governmental
  150  entity.
  151         (c) If the property was originally acquired specifically to
  152  provide replacement housing for persons displaced by
  153  transportation projects, the department may negotiate for the
  154  sale of such property as replacement housing. As compensation,
  155  the state shall receive at least its investment in such property
  156  or the department’s current estimate of value, whichever is
  157  lower. It is expressly intended that this benefit be extended
  158  only to persons actually displaced by the project. Dispositions
  159  to any other person must be for at least the department’s
  160  current estimate of value.
  161         (d) If the department determines that the property requires
  162  significant costs to be incurred or that continued ownership of
  163  the property exposes the department to significant liability
  164  risks, the department may use the projected maintenance costs
  165  over the next 10 years to offset the property’s value in
  166  establishing a value for disposal of the property, even if that
  167  value is zero.
  168         (e) If, at the discretion of the department, a sale to a
  169  person other than an abutting property owner would be
  170  inequitable, the property may be sold to the abutting owner for
  171  the department’s current estimate of value.
  172         Section 5. Paragraph (d) of subsection (4) of section
  173  380.06, Florida Statutes, is amended to read:
  174         380.06 Developments of regional impact.—
  176         (d) Any agreement entered into by the state land planning
  177  agency, the developer, and the local government with respect to
  178  an approved development of regional impact previously classified
  179  as essentially built out, or any other official determination
  180  that an approved development of regional impact is essentially
  181  built out, remains valid unless it expired on or before April 6,
  182  2018, and may be amended pursuant to the processes adopted by
  183  the local government for amending development orders. Any such
  184  agreement or amendment may authorize the developer to exchange
  185  approved land uses, subject to demonstrating that the exchange
  186  will not increase impacts to public facilities. This paragraph
  187  applies to all such agreements and amendments effective on or
  188  after April 6, 2018.
  189         Section 6. The Legislature finds and declares that this act
  190  fulfills an important state interest.
  191         Section 7. This act shall take effect July 1, 2021.