Florida Senate - 2021                       CS for CS for SB 496
       By the Committees on Judiciary; and Community Affairs; and
       Senator Perry
       590-02867-21                                           2021496c2
    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         380.06, F.S.; authorizing certain developments of
   22         regional impact agreements to be amended under certain
   23         circumstances; providing retroactive applicability;
   24         providing a declaration of important state interest;
   25         providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Subsection (3) of section 163.3167, Florida
   30  Statutes, is amended to read:
   31         163.3167 Scope of act.—
   32         (3) A municipality established after the effective date of
   33  this act shall, within 1 year after incorporation, establish a
   34  local planning agency, pursuant to s. 163.3174, and prepare and
   35  adopt a comprehensive plan of the type and in the manner set out
   36  in this act within 3 years after the date of such incorporation.
   37  A county comprehensive plan is controlling until the
   38  municipality adopts a comprehensive plan in accordance with this
   39  act. A comprehensive plan for a newly incorporated municipality
   40  which becomes effective adopted after January 1, 2016 2019, and
   41  all land development regulations adopted to implement the
   42  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 adoption
   85  of its next proposed plan amendment that is initiated after July
   86  1, 2021, or the next scheduled evaluation and appraisal of its
   87  comprehensive plan pursuant to s. 163.3191. If a local
   88  government adopts its own property rights element, the element
   89  may not conflict with the statement of rights provided in
   90  subparagraph 1.
   91         Section 3. Section 163.3237, Florida Statutes, is amended
   92  to read:
   93         163.3237 Amendment or cancellation of a development
   94  agreement.—A development agreement may be amended or canceled by
   95  mutual consent of the parties to the agreement or by their
   96  successors in interest. A party or its designated successor in
   97  interest to a development agreement and a local government may
   98  amend or cancel a development agreement without securing the
   99  consent of other parcel owners whose property was originally
  100  subject to the development agreement, unless the amendment or
  101  cancellation directly modifies the allowable uses or
  102  entitlements of such owners’ property.
  103         Section 4. Paragraph (d) of subsection (4) of section
  104  380.06, Florida Statutes, is amended to read:
  105         380.06 Developments of regional impact.—
  107         (d) Any agreement entered into by the state land planning
  108  agency, the developer, and the local government with respect to
  109  an approved development of regional impact previously classified
  110  as essentially built out, or any other official determination
  111  that an approved development of regional impact is essentially
  112  built out, remains valid unless it expired on or before April 6,
  113  2018, and may be amended pursuant to the processes adopted by
  114  the local government for amending development orders. Any such
  115  agreement or amendment may authorize the developer to exchange
  116  approved land uses, subject to demonstrating that the exchange
  117  will not increase impacts to public facilities. This paragraph
  118  applies to all such agreements and amendments effective on or
  119  after April 6, 2018.
  120         Section 5. The Legislature finds and declares that this act
  121  fulfills an important state interest.
  122         Section 6. This act shall take effect July 1, 2021.