Florida Senate - 2021 CS for CS for SB 496
By the Committees on Judiciary; and Community Affairs; and
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
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
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.—
106 (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
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.