Bill Text: FL S0496 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2021-04-08 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 59 (Ch. 2021-195) [S0496 Detail]
Download: Florida-2021-S0496-Comm_Sub.html
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2021-04-08 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 59 (Ch. 2021-195) [S0496 Detail]
Download: Florida-2021-S0496-Comm_Sub.html
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.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
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:
67
68 The following rights shall be considered in local
69 decisionmaking:
70
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.
74
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.
79
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.
83
84 4. The right of a property owner to dispose of his or
85 her property through sale or gift.
86
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.—
175 (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
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.
