Bill Text: FL S1274 | 2021 | Regular Session | Comm Sub
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see HB 487 (Ch. 2021-206) [S1274 Detail]
Download: Florida-2021-S1274-Comm_Sub.html
Florida Senate - 2021 CS for CS for SB 1274
By the Committees on Rules; and Community Affairs; and Senator
Perry
595-04557-21 20211274c2
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.01, F.S.; providing an exception to a prohibition
4 against legal entities and their members exercising
5 the power of eminent domain over or acquiring title to
6 certain facilities or property; amending s. 163.3167,
7 F.S.; authorizing landowners with development orders
8 existing before the incorporation of a municipality to
9 elect to abandon such orders and develop the vested
10 density and intensity contained therein under
11 specified conditions; amending s. 163.3187, F.S.;
12 revising the required acreage thresholds under which a
13 small scale development amendment may be adopted;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (g) of subsection (7) of section
19 163.01, Florida Statutes, is amended to read:
20 163.01 Florida Interlocal Cooperation Act of 1969.—
21 (7)
22 (g)1. Notwithstanding any other provisions of this section,
23 any separate legal entity created under this section, the
24 membership of which is limited to municipalities and counties of
25 the state, and which may include a special district in addition
26 to a municipality or county or both, may acquire, own,
27 construct, improve, operate, and manage public facilities, or
28 finance facilities on behalf of any person, relating to a
29 governmental function or purpose, including, but not limited to,
30 wastewater facilities, water or alternative water supply
31 facilities, and water reuse facilities, which may serve
32 populations within or outside of the members of the entity.
33 Notwithstanding s. 367.171(7), any separate legal entity created
34 under this paragraph is not subject to Public Service Commission
35 jurisdiction. The separate legal entity may not provide utility
36 services within the service area of an existing utility system
37 unless it has received the consent of the utility.
38 2. For purposes of this paragraph, the term:
39 a. “Host government” means the governing body of the
40 county, if the largest number of equivalent residential
41 connections currently served by a system of the utility is
42 located in the unincorporated area, or the governing body of a
43 municipality, if the largest number of equivalent residential
44 connections currently served by a system of the utility is
45 located within that municipality’s boundaries.
46 b. “Separate legal entity” means any entity created by
47 interlocal agreement the membership of which is limited to two
48 or more special districts, municipalities, or counties of the
49 state, but which entity is legally separate and apart from any
50 of its member governments.
51 c. “System” means a water or wastewater facility or group
52 of such facilities owned by one entity or affiliate entities.
53 d. “Utility” means a water or wastewater utility and
54 includes every person, separate legal entity, lessee, trustee,
55 or receiver owning, operating, managing, or controlling a
56 system, or proposing construction of a system, who is providing,
57 or proposes to provide, water or wastewater service to the
58 public for compensation.
59 3. A separate legal entity that seeks to acquire any
60 utility shall notify the host government in writing by certified
61 mail about the contemplated acquisition not less than 30 days
62 before any proposed transfer of ownership, use, or possession of
63 any utility assets by such separate legal entity. The potential
64 acquisition notice shall be provided to the legislative head of
65 the governing body of the host government and to its chief
66 administrative officer and shall provide the name and address of
67 a contact person for the separate legal entity and information
68 identified in s. 367.071(4)(a) concerning the contemplated
69 acquisition.
70 4.a. Within 30 days following receipt of the notice, the
71 host government may adopt a resolution to become a member of the
72 separate legal entity, adopt a resolution to approve the utility
73 acquisition, or adopt a resolution to prohibit the utility
74 acquisition by the separate legal entity if the host government
75 determines that the proposed acquisition is not in the public
76 interest. A resolution adopted by the host government which
77 prohibits the acquisition may include conditions that would make
78 the proposal acceptable to the host government.
79 b. If a host government adopts a membership resolution, the
80 separate legal entity shall accept the host government as a
81 member on the same basis as its existing members before any
82 transfer of ownership, use, or possession of the utility or the
83 utility facilities. If a host government adopts a resolution to
84 approve the utility acquisition, the separate legal entity may
85 complete the acquisition. If a host government adopts a
86 prohibition resolution, the separate legal entity may not
87 acquire the utility within that host government’s territory
88 without the specific consent of the host government by future
89 resolution. If a host government does not adopt a prohibition
90 resolution or an approval resolution, the separate legal entity
91 may proceed to acquire the utility after the 30-day notice
92 period without further notice.
93 5. After the acquisition or construction of any utility
94 systems by a separate legal entity created under this paragraph,
95 revenues or any other income may not be transferred or paid to a
96 member of a separate legal entity, or to any other special
97 district, county, or municipality, from user fees or other
98 charges or revenues generated from customers that are not
99 physically located within the jurisdictional or service delivery
100 boundaries of the member, special district, county, or
101 municipality receiving the transfer or payment. Any transfer or
102 payment to a member, special district, or other local government
103 must be solely from user fees or other charges or revenues
104 generated from customers that are physically located within the
105 jurisdictional or service delivery boundaries of the member,
106 special district, or local government receiving the transfer of
107 payment.
108 6. This section is an alternative provision otherwise
109 provided by law as authorized in s. 4, Art. VIII of the State
110 Constitution for any transfer of power as a result of an
111 acquisition of a utility by a separate legal entity from a
112 municipality, county, or special district.
113 7. The entity may finance or refinance the acquisition,
114 construction, expansion, and improvement of such facilities
115 relating to a governmental function or purpose through the
116 issuance of its bonds, notes, or other obligations under this
117 section or as otherwise authorized by law. The entity has all
118 the powers provided by the interlocal agreement under which it
119 is created or which are necessary to finance, own, operate, or
120 manage the public facility, including, without limitation, the
121 power to establish rates, charges, and fees for products or
122 services provided by it, the power to levy special assessments,
123 the power to sell or finance all or a portion of such facility,
124 and the power to contract with a public or private entity to
125 manage and operate such facilities or to provide or receive
126 facilities, services, or products. Except as may be limited by
127 the interlocal agreement under which the entity is created, all
128 of the privileges, benefits, powers, and terms of s. 125.01,
129 relating to counties, and s. 166.021, relating to
130 municipalities, are fully applicable to the entity. However,
131 neither the entity nor any of its members on behalf of the
132 entity may exercise the power of eminent domain over the
133 facilities or property of any existing water or wastewater plant
134 utility system, nor may the entity acquire title to any water or
135 wastewater plant utility facilities, other facilities, or
136 property which was acquired by the use of eminent domain after
137 the effective date of this act, unless 10 or more years have
138 elapsed since the date of the acquisition by eminent domain.
139 Bonds, notes, and other obligations issued by the entity are
140 issued on behalf of the public agencies that are members of the
141 entity.
142 8. Any entity created under this section may also issue
143 bond anticipation notes in connection with the authorization,
144 issuance, and sale of bonds. The bonds may be issued as serial
145 bonds or as term bonds or both. Any entity may issue capital
146 appreciation bonds or variable rate bonds. Any bonds, notes, or
147 other obligations must be authorized by resolution of the
148 governing body of the entity and bear the date or dates; mature
149 at the time or times, not exceeding 40 years from their
150 respective dates; bear interest at the rate or rates; be payable
151 at the time or times; be in the denomination; be in the form;
152 carry the registration privileges; be executed in the manner; be
153 payable from the sources and in the medium or payment and at the
154 place; and be subject to the terms of redemption, including
155 redemption prior to maturity, as the resolution may provide. If
156 any officer whose signature, or a facsimile of whose signature,
157 appears on any bonds, notes, or other obligations ceases to be
158 an officer before the delivery of the bonds, notes, or other
159 obligations, the signature or facsimile is valid and sufficient
160 for all purposes as if he or she had remained in office until
161 the delivery. The bonds, notes, or other obligations may be sold
162 at public or private sale for such price as the governing body
163 of the entity shall determine. Pending preparation of the
164 definitive bonds, the entity may issue interim certificates,
165 which shall be exchanged for the definitive bonds. The bonds may
166 be secured by a form of credit enhancement, if any, as the
167 entity deems appropriate. The bonds may be secured by an
168 indenture of trust or trust agreement. In addition, the
169 governing body of the legal entity may delegate, to an officer,
170 official, or agent of the legal entity as the governing body of
171 the legal entity may select, the power to determine the time;
172 manner of sale, public or private; maturities; rate of interest,
173 which may be fixed or may vary at the time and in accordance
174 with a specified formula or method of determination; and other
175 terms and conditions as may be deemed appropriate by the
176 officer, official, or agent so designated by the governing body
177 of the legal entity. However, the amount and maturity of the
178 bonds, notes, or other obligations and the interest rate of the
179 bonds, notes, or other obligations must be within the limits
180 prescribed by the governing body of the legal entity and its
181 resolution delegating to an officer, official, or agent the
182 power to authorize the issuance and sale of the bonds, notes, or
183 other obligations.
184 9. Bonds, notes, or other obligations issued under this
185 paragraph may be validated as provided in chapter 75. The
186 complaint in any action to validate the bonds, notes, or other
187 obligations must be filed only in the Circuit Court for Leon
188 County. The notice required to be published by s. 75.06 must be
189 published in Leon County and in each county that is a member of
190 the entity issuing the bonds, notes, or other obligations, or in
191 which a member of the entity is located, and the complaint and
192 order of the circuit court must be served only on the State
193 Attorney of the Second Judicial Circuit and on the state
194 attorney of each circuit in each county that is a member of the
195 entity issuing the bonds, notes, or other obligations or in
196 which a member of the entity is located. Section 75.04(2) does
197 not apply to a complaint for validation brought by the legal
198 entity.
199 10. The accomplishment of the authorized purposes of a
200 legal entity created under this paragraph is in all respects for
201 the benefit of the people of the state, for the increase of
202 their commerce and prosperity, and for the improvement of their
203 health and living conditions. Since the legal entity will
204 perform essential governmental functions for the public health,
205 safety, and welfare in accomplishing its purposes, the legal
206 entity is not required to pay any taxes or assessments of any
207 kind whatsoever upon any property acquired or used by it for
208 such purposes or upon any revenues at any time received by it,
209 whether the property is within or outside the jurisdiction of
210 members of the entity. The exemption provided in this paragraph
211 applies regardless of whether the separate legal entity enters
212 into agreements with private firms or entities to manage,
213 operate, or improve the utilities owned by the separate legal
214 entity. The bonds, notes, and other obligations of an entity,
215 their transfer, and the income therefrom, including any profits
216 made on the sale thereof, are at all times free from taxation of
217 any kind by the state or by any political subdivision or other
218 agency or instrumentality thereof. The exemption granted in this
219 subparagraph is not applicable to any tax imposed by chapter 220
220 on interest, income, or profits on debt obligations owned by
221 corporations.
222 Section 2. Subsection (5) of section 163.3167, Florida
223 Statutes, is amended to read:
224 163.3167 Scope of act.—
225 (5) Nothing in this act shall limit or modify the rights of
226 any person to complete any development that has been authorized
227 as a development of regional impact pursuant to chapter 380 or
228 who has been issued a final local development order and
229 development has commenced and is continuing in good faith. Any
230 landowner with a development order existing before the
231 incorporation of a municipality may elect to abandon the
232 development order and develop the vested density and intensity
233 contained therein pursuant to the municipality’s comprehensive
234 plan and land development regulations adopted pursuant to
235 subsection (3) so long as the vested uses, density, and
236 intensity are consistent with the municipality’s comprehensive
237 plan and all existing obligations in the development order
238 regarding concurrency remain.
239 Section 3. Subsections (1) and (3) of section 163.3187,
240 Florida Statutes, are amended to read:
241 163.3187 Process for adoption of small scale small-scale
242 comprehensive plan amendment.—
243 (1) A small scale development amendment may be adopted
244 under the following conditions:
245 (a) The proposed amendment involves a use of 50 10 acres or
246 fewer. and:
247 (b) The proposed amendment does not involve a text change
248 to the goals, policies, and objectives of the local government’s
249 comprehensive plan, but only proposes a land use change to the
250 future land use map for a site-specific small scale development
251 activity. However, text changes that relate directly to, and are
252 adopted simultaneously with, the small scale future land use map
253 amendment shall be permissible under this section.
254 (c) The property that is the subject of the proposed
255 amendment is not located within an area of critical state
256 concern, unless the project subject to the proposed amendment
257 involves the construction of affordable housing units meeting
258 the criteria of s. 420.0004(3), and is located within an area of
259 critical state concern designated by s. 380.0552 or by the
260 Administration Commission pursuant to s. 380.05(1).
261 (3) If the small scale development amendment involves a
262 site within a rural area of opportunity as defined under s.
263 288.0656(2)(d) for the duration of such designation, the acreage
264 10-acre limit listed in subsection (1) shall be increased by 100
265 percent to 20 acres. The local government approving the small
266 scale plan amendment shall certify to the state land planning
267 agency that the plan amendment furthers the economic objectives
268 set forth in the executive order issued under s. 288.0656(7),
269 and the property subject to the plan amendment shall undergo
270 public review to ensure that all concurrency requirements and
271 federal, state, and local environmental permit requirements are
272 met.
273 Section 4. This act shall take effect July 1, 2021.
