Florida 2021 Regular Session Status: Enacted

HB 59 — Growth Management

Last action — Chapter No. 2021-195

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 10, 2020. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Growth Management; Requires comprehensive plans & certain land development regulations of municipalities effective after certain date to incorporate certain development orders; requires local governments to include property rights element in their comprehensive plans; provides statement of rights; requires local government to adopt property rights element within specified timeframe; provides that certain property owners are not required to consent to development agreement changes; provides requirements & procedures for right of first refusal; authorizes certain developments of regional impact agreements to be amended.

Bill Text

What changed in the latest version

124 added · 128 removed

124 line(s) added, 128 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 59 2021 A bill to be entitled An act relating to growth management;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2021 A bill to be entitled An act relating to growth management;
requiring a local government to adopt a property rights element within a specified timeframe;
requiring a local government to adopt a property rights element by a specified date;
hb0059-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 59 2021 interest;
hb0059-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2021 interest;
hb0059-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 59 2021 163.3177 Required and optional elements of comprehensive plan;
hb0059-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2021 163.3177 Required and optional elements of comprehensive plan;
hb0059-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 59 2021 77 3.
hb0059-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2021 77 3.
Each local government with a population of 10,000 or more must adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment or July 1, 2024.
Each local government must adopt a property rights element in its comprehensive plan by the earlier of its next proposed plan amendment or July 1, 2024.
Each local government with a population of less than 10,000 must adopt a property rights element in its comprehensive plan in conjunction with the next scheduled evaluation and appraisal of its comprehensive plan under s.
163.3191.
A party or its designated successor in interest to a development agreement and a local government may Page 4 of 8 CODING:
A party or its designated successor in interest to a development agreement and a local government may amend or cancel a development agreement without securing the consent of other property owners whose property was originally subject to the development agreement, unless the amendment or cancellation directly modifies the allowable uses or Page 4 of 8 CODING:
hb0059-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 59 2021 amend or cancel a development agreement without securing the consent of other property owners whose property was originally subject to the development agreement, unless the amendment or cancellation directly modifies the allowable uses or entitlements of such owners' property.
hb0059-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2021 entitlements of such owners' property.
Notwithstanding any provision of this section to Page 5 of 8 CODING:
Notwithstanding any provision of this section to the contrary, before any conveyance under this subsection may be made, except a conveyance under paragraph (a) or paragraph (c), the department shall first afford a right of first refusal to the previous property owner for the department's current Page 5 of 8 CODING:
hb0059-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 59 2021 the contrary, before any conveyance under this subsection may be made, except a conveyance under paragraph (a) or paragraph (c), the department shall first afford a right of first refusal to the previous property owner for the department's current estimate of value of the property.
hb0059-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2021 estimate of value of the property.
(c) If the property was originally acquired specifically Page 6 of 8 CODING:
(c) If the property was originally acquired specifically to provide replacement housing for persons displaced by transportation projects, the department may negotiate for the sale of such property as replacement housing.
As compensation, the state shall receive at least its investment in such property Page 6 of 8 CODING:
hb0059-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 59 2021 to provide replacement housing for persons displaced by transportation projects, the department may negotiate for the sale of such property as replacement housing.
hb0059-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2021 or the department's current estimate of value, whichever is lower.
As compensation, the state shall receive at least its investment in such property or the department's current estimate of value, whichever is lower.
380.06 Developments of regional impact.— (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— (d) Any agreement entered into by the state land planning Page 7 of 8 CODING:
380.06 Developments of regional impact.— (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— (d) Any agreement entered into by the state land planning agency, the developer, and the local government with respect to an approved development of regional impact previously classified as essentially built out, or any other official determination that an approved development of regional impact is essentially Page 7 of 8 CODING:
hb0059-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 59 2021 agency, the developer, and the local government with respect to an approved development of regional impact previously classified as essentially built out, or any other official determination that an approved development of regional impact is essentially built out, remains valid unless it expired on or before April 6, 2018, and may be amended pursuant to the processes adopted by the local government for amending development orders.
hb0059-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2021 built out, remains valid unless it expired on or before April 6, 2018, and may be amended pursuant to the processes adopted by the local government for amending development orders.
hb0059-02-c2
hb0059-01-c1
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Action History

  1. Chapter No. 2021-195

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. Immediately certified

  7. CS passed; YEAS 38 NAYS 0

  8. Read 3rd time

  9. Read 2nd time

  10. Substituted for CS/CS/CS/SB 496

  11. Placed on Calendar, on 2nd reading

  12. Withdrawn from Rules

  13. Received

  14. Referred to Rules

  15. In Messages

  16. CS passed as amended; YEAS 82, NAYS 32

  17. Read 3rd time

  18. Added to Third Reading Calendar

  19. Placed on 3rd reading

  20. Amendment 111799 adopted

  21. Read 2nd time

  22. Bill added to Special Order Calendar (3/31/2021)

  23. Added to Second Reading Calendar

  24. Bill referred to House Calendar

  25. 1st Reading (Committee Substitute 3)

  26. CS Filed

  27. Laid on Table under Rule 7.18(a)

  28. Reported out of State Affairs Committee

  29. Favorable with CS by State Affairs Committee

  30. Added to State Affairs Committee agenda

  31. 1st Reading (Committee Substitute 2)

  32. 1st Reading (Committee Substitute 1)

  33. 1st Reading (Original Filed Version)

  34. Now in State Affairs Committee

  35. Referred to State Affairs Committee

  36. CS Filed

  37. Laid on Table under Rule 7.18(a)

  38. Reported out of Civil Justice & Property Rights Subcommittee

  39. Favorable with CS by Civil Justice & Property Rights Subcommittee

  40. Added to Civil Justice & Property Rights Subcommittee agenda

  41. Now in Civil Justice & Property Rights Subcommittee

  42. Referred to State Affairs Committee

  43. Referred to Civil Justice & Property Rights Subcommittee

  44. CS Filed

  45. Laid on Table under Rule 7.18(a)

  46. Reported out of Local Administration & Veterans Affairs Subcommittee

  47. Favorable with CS by Local Administration & Veterans Affairs Subcommittee

  48. On Committee agenda-- Local Administration and Veterans Affairs Subcommittee, 02/04/21, 12:00 pm, Sumner Hall

  49. Referred to Local Administration and Veterans Affairs Subcommittee; Civil Justice and Property Rights Subcommittee; State Affairs Committee

  50. Filed

Sponsors

  • State Affairs Committee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 20 voted No

Sponsors (1)

  • State Affairs Committee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 20002
Democrat 4000
No Party Affiliation 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Thurston — Yea
Brandes — Yea
Torres — Yea
Broxson — Yea
Perry — Yea
Cruz — Yea
Baxley — Not Voting
President Simpson — Not Voting
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 82 Yea · 32 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 371304
Republican 44101
Democrat 11801
Total 823206
% of votes cast 68%27%0%5%
How each member voted (120)
Member Party Vote
Alexander — Nay
Aloupis — Yea
Geller — Nay
Altman — Yea
Goff-Marcil — Nay
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Beltran — Yea
Hage — Yea
Benjamin — Nay
Harding — Yea
Hardy — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Nay
Silvers — Nay
Jenne — Nay
Bush — Yea
Byrd — Yea
Killebrew — Yea
Slosberg — Nay
Caruso — Yea
Latvala — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Nay
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
McCurdy — Nay
Duran — Nay
Willhite — Yea
Morales — Yea
Williams — Nay
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Omphroy — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Grieco — Not Voting
Ingoglia — Not Voting
Casello — Not Voting
DuBose — Not Voting
Thompson, Geraldine F. "Geri" — Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Nay
Chambliss, Kevin D. Democrat Nay
Daley, Dan Democrat Nay
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Nay
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Nay
Joseph, Dotie Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Not Voting
Skidmore, Kelly Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Nay
Woodson, Marie Paule Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Not Voting
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Nay
Yarborough, Clay Republican Yea

Official roll call →

Favorable With Committee Substitute (State Affairs Committee)

Passed 20 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9100
Democrat 3201
Republican 8000
Total 20301
% of votes cast 83%13%0%4%
How each member voted (24)
Member Party Vote
Altman — Yea
Drake — Yea
Fischer — Yea
Goff-Marcil — Nay
Hardy — Yea
Payne — Yea
Roth — Yea
Stevenson — Yea
Toledo — Yea
Zika — Yea
Bartleman, Robin Democrat Yea
Chambliss, Kevin D. Democrat Not Voting
Hinson, Yvonne Hayes Democrat Nay
Joseph, Dotie Democrat Yea
Smith, Carlos Guillermo Democrat Nay
Woodson, Marie Paule Democrat Yea
Buchanan, James Republican Yea
Chaney, Linda Republican Yea
Giallombardo, Mike Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McFarland, Fiona Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Smith, David Republican Yea

Official roll call →

Favorable With Committee Substitute (Civil Justice & Property Rights Subcommittee)

Passed 12 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3300
Republican 8000
Democrat 1300
Total 12600
% of votes cast 67%33%0%0%
How each member voted (18)
Member Party Vote
Aloupis — Yea
Diamond — Nay
Fernandez-Barquin — Yea
Hawkins — Yea
Slosberg-King — Nay
Thompson, Geraldine F. "Geri" — Nay
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Hinson, Yvonne Hayes Democrat Nay
Botana, Adam Republican Yea
Buchanan, James Republican Yea
Duggan, Wyman Republican Yea
Garrison, Sam Republican Yea
Grall, Erin Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Favorable With Committee Substitute (Local Administration & Veterans Affairs Subcommittee)

Passed 12 Yea · 6 Nay
Party YeaNayPresentNot Voting
Republican 9000
Democrat 0400
Unaffiliated 3200
Total 12600
% of votes cast 67%33%0%0%
How each member voted (18)
Member Party Vote
Benjamin — Nay
Goff-Marcil — Nay
Harding — Yea
Sabatini — Yea
Toledo — Yea
Bartleman, Robin Democrat Nay
Daley, Dan Democrat Nay
Joseph, Dotie Democrat Nay
Woodson, Marie Paule Democrat Nay
Barnaby, Webster Republican Yea
DiCeglie, Nick Republican Yea
Giallombardo, Mike Republican Yea
Melo, Lauren Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Persons-Mulicka, Jenna Republican Yea
Salzman, Michelle Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea

Official roll call →

Subjects

public-safety housing transportation
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Frequently asked questions

What does HB 59 do?
Growth Management; Requires comprehensive plans & certain land development regulations of municipalities effective after certain date to incorporate certain development orders; requires local governments to include property rights element in their comprehensive plans; provides statement of rights; requires local government to adopt property rights element within specified timeframe; provides that certain property owners are not required to consent to development agreement changes; provides requirements & procedures for right of first refusal; authorizes certain developments of regional impact agreements to be amended.
Who sponsors HB 59?
HB 59 is sponsored by State Affairs Committee.
What is the current status of HB 59?
This bill has been enacted into law. Introduced December 10, 2020. Enacted.
Where can I track HB 59?
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