Florida Senate - 2021                CS for CS for CS for SB 496
       By the Committees on Rules; Judiciary; and Community Affairs;
       and Senator Perry
       595-03395-21                                           2021496c3
    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 relating to the
   25         right of first refusal; amending s. 380.06, F.S.;
   26         authorizing certain developments of regional impact
   27         agreements to be amended under certain circumstances;
   28         providing retroactive applicability; providing a
   29         declaration of important state interest; providing an
   30         effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Subsection (3) of section 163.3167, Florida
   35  Statutes, is amended to read:
   36         163.3167 Scope of act.—
   37         (3) A municipality established after the effective date of
   38  this act shall, within 1 year after incorporation, establish a
   39  local planning agency, pursuant to s. 163.3174, and prepare and
   40  adopt a comprehensive plan of the type and in the manner set out
   41  in this act within 3 years after the date of such incorporation.
   42  A county comprehensive plan is controlling until the
   43  municipality adopts a comprehensive plan in accordance with this
   44  act. A comprehensive plan for a newly incorporated municipality
   45  which becomes effective adopted after January 1, 2016 2019, and
   46  all land development regulations adopted to implement the
   47  comprehensive plan must incorporate each development order
   48  existing before the comprehensive plan’s effective date, may not
   49  impair the completion of a development in accordance with such
   50  existing development order, and must vest the density and
   51  intensity approved by such development order existing on the
   52  effective date of the comprehensive plan without limitation or
   53  modification.
   54         Section 2. Paragraph (i) is added to subsection (6) of
   55  section 163.3177, Florida Statutes, to read:
   56         163.3177 Required and optional elements of comprehensive
   57  plan; studies and surveys.—
   58         (6) In addition to the requirements of subsections (1)-(5),
   59  the comprehensive plan shall include the following elements:
   60         (i)1.In accordance with the legislative intent expressed
   61  in ss. 163.3161(10) and 187.101(3) that governmental entities
   62  respect judicially acknowledged and constitutionally protected
   63  private property rights, each local government shall include in
   64  its comprehensive plan a property rights element to ensure that
   65  private property rights are considered in local decisionmaking.
   66  A local government may adopt its own property rights element or
   67  use the following statement of rights:
   69         The following rights shall be considered in local
   70         decisionmaking:
   72         1.The right of a property owner to physically possess
   73         and control his or her interests in the property,
   74         including easements, leases, or mineral rights.
   76         2.The right of a property owner to use, maintain,
   77         develop, and improve his or her property for personal
   78         use or the use of any other person, subject to state
   79         law and local ordinances.
   81         3.The right of a property owner to privacy and to
   82         exclude others from the property to protect the
   83         owner’s possessions and property.
   85         4.The right of a property owner to dispose of his or
   86         her property through sale or gift.
   88         2.Each local government must adopt a property rights
   89  element in its comprehensive plan by the earlier of its adoption
   90  of its next proposed plan amendment that is initiated after July
   91  1, 2021, or the next scheduled evaluation and appraisal of its
   92  comprehensive plan pursuant to s. 163.3191. If a local
   93  government adopts its own property rights element, the element
   94  may not conflict with the statement of rights provided in
   95  subparagraph 1.
   96         Section 3. Section 163.3237, Florida Statutes, is amended
   97  to read:
   98         163.3237 Amendment or cancellation of a development
   99  agreement.—A development agreement may be amended or canceled by
  100  mutual consent of the parties to the agreement or by their
  101  successors in interest. A party or its designated successor in
  102  interest to a development agreement and a local government may
  103  amend or cancel a development agreement without securing the
  104  consent of other parcel owners whose property was originally
  105  subject to the development agreement, unless the amendment or
  106  cancellation directly modifies the allowable uses or
  107  entitlements of such owners’ property.
  108         Section 4. Subsection (4) of section 337.25, Florida
  109  Statutes, is amended to read:
  110         337.25 Acquisition, lease, and disposal of real and
  111  personal property.—
  112         (4) The department may convey, in the name of the state,
  113  any land, building, or other property, real or personal, which
  114  was acquired under subsection (1) and which the department has
  115  determined is not needed for the construction, operation, and
  116  maintenance of a transportation facility. When such a
  117  determination has been made, property may be disposed of through
  118  negotiations, sealed competitive bids, auctions, or any other
  119  means the department deems to be in its best interest, with due
  120  advertisement for property valued by the department at greater
  121  than $10,000. A sale may not occur at a price less than the
  122  department’s current estimate of value, except as provided in
  123  paragraphs (a)-(d). The department may afford a right of first
  124  refusal to the local government or other political subdivision
  125  in the jurisdiction in which the parcel is situated, except in a
  126  conveyance transacted under paragraph (a), paragraph (c), or
  127  paragraph (e). Notwithstanding any provision of this section to
  128  the contrary, before any conveyance under this subsection is
  129  made, except a conveyance under paragraph (a) or paragraph (c),
  130  the department shall first afford a right of first refusal to
  131  the previous property owner for the department’s current
  132  estimate of value of the property. The right of first refusal
  133  must be in writing and sent to the previous owner via certified
  134  mail or hand delivery, which is effective upon receipt. The
  135  right of first refusal must provide the previous owner with a
  136  minimum of 30 days to exercise the right in writing and must be
  137  sent to the originator of the offer by certified mail or hand
  138  delivery, which is effective upon dispatch. If the previous
  139  owner exercises his or her right of first refusal, the previous
  140  owner has a minimum of 90 days to close on the property. The
  141  right of first refusal set forth in this subsection may not be
  142  required for the disposal of property acquired more than 10
  143  years before the date of disposition by the department.
  144         (a) If the property has been donated to the state for
  145  transportation purposes and a transportation facility has not
  146  been constructed for at least 5 years, plans have not been
  147  prepared for the construction of such facility, and the property
  148  is not located in a transportation corridor, the governmental
  149  entity may authorize reconveyance of the donated property for no
  150  consideration to the original donor or the donor’s heirs,
  151  successors, assigns, or representatives.
  152         (b) If the property is to be used for a public purpose, the
  153  property may be conveyed without consideration to a governmental
  154  entity.
  155         (c) If the property was originally acquired specifically to
  156  provide replacement housing for persons displaced by
  157  transportation projects, the department may negotiate for the
  158  sale of such property as replacement housing. As compensation,
  159  the state shall receive at least its investment in such property
  160  or the department’s current estimate of value, whichever is
  161  lower. It is expressly intended that this benefit be extended
  162  only to persons actually displaced by the project. Dispositions
  163  to any other person must be for at least the department’s
  164  current estimate of value.
  165         (d) If the department determines that the property requires
  166  significant costs to be incurred or that continued ownership of
  167  the property exposes the department to significant liability
  168  risks, the department may use the projected maintenance costs
  169  over the next 10 years to offset the property’s value in
  170  establishing a value for disposal of the property, even if that
  171  value is zero.
  172         (e) If, at the discretion of the department, a sale to a
  173  person other than an abutting property owner would be
  174  inequitable, the property may be sold to the abutting owner for
  175  the department’s current estimate of value.
  176         Section 5. Paragraph (d) of subsection (4) of section
  177  380.06, Florida Statutes, is amended to read:
  178         380.06 Developments of regional impact.—
  180         (d) Any agreement entered into by the state land planning
  181  agency, the developer, and the local government with respect to
  182  an approved development of regional impact previously classified
  183  as essentially built out, or any other official determination
  184  that an approved development of regional impact is essentially
  185  built out, remains valid unless it expired on or before April 6,
  186  2018, and may be amended pursuant to the processes adopted by
  187  the local government for amending development orders. Any such
  188  agreement or amendment may authorize the developer to exchange
  189  approved land uses, subject to demonstrating that the exchange
  190  will not increase impacts to public facilities. This paragraph
  191  applies to all such agreements and amendments effective on or
  192  after April 6, 2018.
  193         Section 6. The Legislature finds and declares that this act
  194  fulfills an important state interest.
  195         Section 7. This act shall take effect July 1, 2021.