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PCS for HB 203 (2020) — An act relating to growth management

Summary

PCS for HB 203 (original, 2020), a bill to be entitled an act relating to growth management, from the Commerce Committee. The title lists amendments to s. 163.3167, F.S., and s. 163.3177, F.S., the latter requiring the comprehensive plan to include a property rights element, and to s. 163.3237, F.S., s. 171.042, F.S. and s. 380.06, F.S. Section 2 adds paragraph (i) to subsection (6) of section 163.3177, Florida Statutes, requiring each local government to include a property rights element in its comprehensive plan. Section 6 states that the act takes effect July 1, 2020.

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“PCS for HB 203 (2020) — An act relating to growth management.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-2994-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-da0018358d/, SHA-256 f3e994ec5b5c860fa544b86ca9364991eeb0dbe85bf5e7603620d1a943052e7f.

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           PCS for HB 203                             ORIGINAL                                                  2020




    1                                         A bill to be entitled
    2              An act relating to growth management; amending s.
    3              163.3167, F.S.; providing requirements for a
    4              comprehensive plan initially effective after a certain
    5              date and related land development regulations;
    6              amending s. 163.3177, F.S.; requiring the
    7              comprehensive plan to include a property rights
    8              element; providing a statement of rights that a local
    9              government may use; requiring local government to
10                 adopt a property rights element by a specified date;
11                 providing that a local government's property rights
12                 element may not conflict with the statutorily provided
13                 statement of rights; amending s. 163.3237, F.S.;
14                 providing that certain property owners are not
15                 required to consent to development agreement changes
16                 under certain circumstances; amending s. 171.042,
17                 F.S.; prohibiting a municipality from annexing
18                 specified areas under certain circumstances; amending
19                 s. 380.06, F.S.; allowing certain developments of
20                 regional impact agreements to be amended under certain
21                 circumstances; providing an effective date.
22
23         Be It Enacted by the Legislature of the State of Florida:
24
25                 Section 1.         Subsection (3) of section 163.3167, Florida

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        PCS for HB 203                             ORIGINAL                                                  2020




26      Statutes, is amended to read:
27              163.3167          Scope of act.—
28              (3)      A municipality established after the effective date of
29      this act shall, within 1 year after incorporation, establish a
30      local planning agency, pursuant to s. 163.3174, and prepare and
31      adopt a comprehensive plan of the type and in the manner set out
32      in this act within 3 years after the date of such incorporation.
33      A county comprehensive plan is controlling until the
34      municipality adopts a comprehensive plan in accordance with this
35      act. A comprehensive plan effective adopted after January 1,
36      2019, and all land development regulations adopted to implement
37      the comprehensive plan must incorporate each development order
38      existing before the comprehensive plan's effective date, may not
39      impair the completion of a development in accordance with such
40      existing development order, and must vest the density and
41      intensity approved by such development order existing on the
42      effective date of the comprehensive plan without limitation or
43      modification.
44              Section 2.          Paragraph (i) is added to subsection (6) of
45      section 163.3177, Florida Statutes, to read:
46              163.3177          Required and optional elements of comprehensive
47      plan; studies and surveys.—
48              (6)      In addition to the requirements of subsections (1)-
49      (5), the comprehensive plan shall include the following
50      elements:

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        PCS for HB 203                             ORIGINAL                                                  2020




51              (i) 1.       In accordance with the legislative intent expressed
52      in ss. 163.3161(10) and 187.101(3) that governmental entities
53      respect judicially acknowledged and constitutionally protected
54      private property rights, each local government shall include in
55      its comprehensive plan a property rights element to ensure that
56      private property rights are considered in local decisionmaking.
57      A local government may adopt its own property rights element or
58      use the following statement of rights:
59
60              The following rights shall be considered in local
61              decisionmaking:
62
63              1. The right of a property owner to physically possess
64              and control his or her interests in the property,
65              including easements, leases, or mineral rights.
66
67              2. The right of a property owner to use, maintain,
68              develop, and improve his or her property for personal
69              use or the use of any other person, subject to state
70              law and local ordinances.
71
72              3. The right of the property owner to privacy and to
73              exclude others from the property to protect the
74              owner's possessions and property.
75

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         PCS for HB 203                             ORIGINAL                                                  2020




76                4. The right of a property owner to dispose of his or her
77                property through sale or gift.
78
79                2.      Each local government must adopt a property rights
80       element in its comprehensive plan by the earlier of its next
81       proposed plan amendment or July 1, 2023. If a local government
82       adopts its own property rights element, the element may not
83       conflict with the statement of rights provided in subparagraph
84       1.
85                Section 3.         Section 163.3237, Florida Statutes, is amended
86       to read:
87                163.3237         Amendment or cancellation of a development
88       agreement.—A development agreement may be amended or canceled by
89       mutual consent of the parties to the agreement or by their
90       successors in interest. A party or its designated successor in
91       interest to a development agreement and a local government are
92       authorized to amend or cancel a development agreement without
93       securing the consent of other parcel owners whose property was
94       originally subject to the development agreement, unless the
95       amendment or cancellation directly modifies the allowable uses
96       or entitlements of such owner’s property.
97                Section 4.         Subsection (4) is added to section 171.042,
98       Florida Statutes, to read:
99                171.042      Prerequisites to annexation.—
100               (4)     Except as otherwise provided in s. 171.205, a

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         PCS for HB 203                             ORIGINAL                                                  2020




101      municipality may not annex an area within another municipal
102      jurisdiction without the other municipality's consent.
103              Section 5.         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 the
114      local government for amending development orders. These
115      agreements may authorize the developer to exchange approved land
116      uses subject to demonstrating that the exchange will not
117      increase impacts to public facilities. This paragraph applies to
118      all such adopted agreements and amendments thereto effective on
119      or after April 6, 2018.
120              Section 6.         This act shall take effect July 1, 2020.




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