Item H2 H.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: H.2
Agenda Item Summary #9770
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval of the 2021-2022 Land Authority Acquisition List.
ITEM BACKGROUND: Each year the Land Authority Advisory Committee prepares an updated
Acquisition List. Although this process takes place on an annual basis, the list may be, and often is,
amended over the course of the year as well. The Advisory Committee has prepared the attached list
for 2021-2022.
Per section 380.0667, Florida Statutes and Ordinance 031-1986, the Board of County
Commissioners, sitting as the Land Authority Governing Board, "shall approve the list of
acquisitions, in whole or in part, in the order of priority recommended by the Advisory Committee."
Listing a property on the Acquisition List is a preliminary, non-binding step indicating the Board's
desire to pursue acquisition. Further Board action is required before entering into a purchase
contract.
ADVISORY COMMITTEE ACTION: On September 29, 2021 the Committee voted 4/0 to
approve the 2021-2022 Acquisition List.
PREVIOUS RELEVANT BOCC ACTION: The Board has approved an Acquisition List each
year since the Land Authority was established.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
LIST-2022
Ordinance 031-1986
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H.2
FS380 MCLA
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Dina Gambuzza Completed 09/29/2021 3:49 PM
Mark Rosch Completed 10/01/2021 10:53 AM
Liz Yongue Completed 10/01/2021 10:59 AM
Board of County Commissioners Pending 10/20/2021 9:00 AM
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H.2.a
MONROE COUNTY LAND AUTHORITY
2021-2022 ACQUISITION LIST
This Acquisition List has been developed to guide purchases using MCLA funding.
Florida Statutes 380.0667. Advisory committee: acquisitions, Section (3) indicates: The land authority shall approve the list
of acquisitions, in whole or in part, in the order of priority recommended by the advisory committee.
Ordinance 031-1986,Section 8,further indicates:The Advisory Committee shall establish,on or before January 15 of each
year, an identification and prioritization of land acquisition for the Land Authority.
The list also incorporates by reference the Florida Keys Stewardship Act that took effect on July 1,2016, as amended, the
land acquisition priorities in Policy 102.4.2 of the 2030 Comprehensive Plan,the Memorandum of Understanding between
DEP and Monroe County revised on October 20, 2021 and House Bill 1173 that took effect on April 6, 2018. —
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PROPERTY IN FLORIDA KEYS AREA OF CRITICAL STATE CONCERN (OUTSIDE OF KEY WEST)
The MCLA Advisory Committee will promote acquisition, by fee simple purchases or other means provided in HB 1173,to
address affordable workforce housing damaged or destroyed by Hurricane Irma by adding to the Acquisition List, on a
case-by- case basis, affordable housing sites that are preferably ROGO-exempt to be acquired by government partners
provided the sites are not located in a V flood zone and do not include environmentally sensitive habitat or possible
wetlands.
Favorable factors in the analysis and consideration of affordable housing sites will include the record of the partner in the
project; quality of the project; ability of the project to serve individuals, couples and families; leverage from additional non-
MCLA funds brought to the project; and the MCLA funds price per unit.
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Property Type Acquisition Objectives Intended Proposed
Development Owner/Manager
Property Rights Protection
Property Designated Tier 1, None MCLA, Local, State, or >
Tier 2, or Tier 3A with priority Environmental Protection Federal Government
being properties located within
the Big Pine Habitat �--
Conservation Plan
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Property Rights Protection
Property Designated Tier 3 None MCLA, Local, State, or
with significant habitat or Retire Development Rights Federal Government
connectivity Environmental Protection
Property Designated Tier 3 Either affordable housing or To be BOCC Preferred, MCLA
without significant habitat or Density Reduction determined
connectivity
Property Eligible for ROGO Property Rights Protection None MCLA, Local, State, or
Administrative Relief Environmental Protection Federal Government
Property Impacted by Local Property Rights Protection None MCLA, Local, State, or
Government Regulations Environmental Protection Federal Government
Property Within Florida Forever Environmental Protection None MCLA, Local, State, or
Projects (with priority for those Property Rights Protection Federal Government
with potential for resale to the
State of Florida DEP).
Page 1 of 2
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H.2.a
PROPERTY IN KEY WEST AREA OF CRITICAL STATE CONCERN
In Key West, the MCLA Advisory Committee will consider adding to the Acquisition List, on a case-by-case basis, affordable
housing sites to be acquired by government partners provided the sites do not include environmentally sensitive habitat or
possible wetlands. Favorable factors in the analysis and consideration of affordable housing sites will include the record of the
partner in the project; quality of the project; ability of the project to serve individuals, couples, and families; leverage from
additional non-MCLA funds brought to the project; and the MCLA funds price per unit.
Property Type Acquisition Objectives Intended Development Proposed Owner/Manager
Garden View Apartments Affordable Housing Affordable Housing City of Key West/Key
West Housing Authority
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Monroe County Commission
ORDINANCE NO. 031-1986
AN ORDINANCE ESTABLISHING A LAND ACQUISITION
PROGRAM IN MONROE COUNTY, FLORIDA; CREATING
AND EMPOWERING A LAND AUTHORITY; ESTABLISHING
AND EMPOWERING A LAND AUTHORITY ADVISORY
COMMITTEE; REQUIRING AN ANNUAL REPORT AND AN
INTERIM AND FINAL PLAN OF ACQUISITION;
PROVIDING FOR AN EXECUTIVE DIRECTOR;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has enacted y
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CS/CLS HB 1405 (hereinafter "the Land Authority Act") which a
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authorizes counties in which an Area of Critical State Concern is
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located to create a land authority for the purpose of equitably
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implementing comprehensive land use plans developed pursuant to .E
the Areas of Critical State Concern program; and
WHEREAS, the Legislature of the State of Florida has N
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appropriated $1,050,000 to be used by a land authority created by N
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Monroe County for land acquisition during Fiscal Year 1987; and
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WHEREAS, the Legislature of the State of Florida has
appropriated $4,950,000 to used by a land authority created by
Monroe County for land acquisition during Fiscal Year 1988; and
WHEREAS, the acquisition of land for preservation, conserva-
tion, lot consolidation, the provision of affordable housing and
the reduction in the total number of dwelling units to be
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developed in Monroe County is consistent with and in furtherance
of the Monroe County Comprehensive Plan; and
WHEREAS, the Monroe County Comprehensive Plan and Land v
Development Regulations have been approved and will become
effective on or about September 15, 1986; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Title. This Ordinance may be referred to as the
Monroe County Comprehensive Plan Land Authority Ordinance.
Section 2. Purpose. This Ordinance is adopted for the
purpose of establishing a land acquisition program in Monroe
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H.2.b
County as a means of implementing the goals, policies and
objectives of the Monroe County Comprehensive Plan, including,
but not limited to:
a. the protection of property rights of small landowners;
b. the consolidation of substandard lots;
C. the provision of land for the development of affordable
housing;
d. the preservation of environmentally sensitive lands;
e. the preservation of the habitats of rare, threatened or
endangered species of plants and animals;
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f. the enhancement of the community character of Monroe
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County; and 'y
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g, the protection of open space, scenic corridors and
viewsheds.
Section 3. Land Authority Created. There is hereby created
a Monroe County Comprehensive Plan Land Authority (hereinafter J
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"the Land Authority") . The Board of County Commissioners shall
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be the governing body of the Land Authority. A Chairman and
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Vice-Chairman shall be elected annually by the members of the w
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Land Authority.
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Section 4. Powers of the Land Authority. The Land
Authority is hereby empowered:
a. to sue and be sued, to have a seal, to alter the
name at its pleasure and to authorize the use of a facsimile CD
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thereof;
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b. to make and execute contracts and all other legal O
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instruments necessary or convenient to carry out the purposes of E
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this Ordinance and the Land Authority; w
C. to undertake and carry out studies and analyses of
innovative Comprehensive Plan implementation techniques,
including acquisition of fee or less than fee interests in real
property;
d. to undertake and carry out studies and analyses of
the developability of land under the Monroe County Comprehensive
Plan and Land Development Regulations;
e. to undertake and carry out studies and analyses of
the value of real property;
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f, to acquire and dispose of real and personal
property or any interest or estate therein, including, but not
limited to, fee or less than fee interests such as easements,
life estates, development rights, leases, lease back arrangements
and options whenever necessary or convenient to carry out the
purposes of this Ordinance and the Land Authority Act by any
means, including, but not limited to, purchase, sale or exchange;
g. to borrow money by any lawful means including the
issuance of bonds for the purposes provided in this Ordinance and
in the Land Authority Act and to provide for and secure payment
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therefor and to provide for the rights of the holders thereof;
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h. to purchase bonds of the Land Authority out of any y
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funds or monies available to the Land Authority therefor and to
hold, cancel or resell such bonds;
i. to invest any funds held by the Land Authority not
required for immediate disbursement in such investments as may be J
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authorized for trust funds under section 215-47 of the Florida N
Statutes (1985) and in any investment made on behalf of the Land
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Authority by the State Board of Administration or by another w
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trustee appointed for the purpose;
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j . to contract for and to accept in any form
whatsoever gifts, grants, loans or other aid and assistance from
the United States Government, the State of Florida, the South
Florida Regional Planning Council, Monroe County, or any other CD
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person, association or corporation;
k. to insure and procure insurance against any loss O
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in connection with any action of the Land Authority including the E
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issuance of bonds and to pay premiums therefore; w
1. to make such rules and regulations as are
necessary and convenient to carry out the purposes of this
Ordinance and the Land Authority pursuant to the provisions of
Chapter 120 of the Florida Statutes;
M. to employ personnel, including an Executive
Director, as are necessary and convenient to carry out the
purposes of this Ordinance and the Land Authority;
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Packet Pg.1844
H.2.b
n. to engage the services of private consultants on a
contract basis as is necessary and convenient to carry out the
purposes of this Ordinance;
o. to identify and propose for acquisition parcels of
land within Monroe County that are appropriate for acquisition by
the State of Florida with funds from the Conservation and
Recreation Land Trust Fund (CARL) or any other program of land
acquisition undertaken by any governmental agency; and
P. to do any and all things necessary or convenient
to carry out the purposes of this Ordinance or the Land
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Authority. c
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Section 5. Meetings of the Land Authority. y
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a. Meetings. A meeting of the governing body of the s
Land Authority shall be held upon the call of the Chairman or at
the request of three members of the Land Authority. All meetings
shall be open to the public and notice of such meetings shall be
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given as required for meetings of the Board of County N
Commissioners. At least one meeting shall be held quarterly.
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b. Quorum and Voting. A majority of the governing w
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body of the Land Authority shall constitute a quorum; provided
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however that no action shall be taken by an affirmative vote of
less than a majority of the total membership of the governing
body.
C. Expenses. Members of the Land Authority shall
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receive no compensation for services, but shall be entitled to c
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necessary expenses including per diem and travel expenses O
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incurred in the discharge of official duties, as provided by law. E
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Section 6. Monroe County Comprehensive Plan Land Authority w
Advisory Committee Established. There is hereby created a Monroe
County Comprehensive Plan Land Authority Advisory Committee
(hereinafter the "Advisory Committee") . The Advisory Committee
shall be comprised of five members appointed by the governing
body of the Land Authority. The members shall serve for 3 year
terms, except that the initial terms shall be staggered so that
the terms of no more than two members shall end in any single
year. The membership of the Advisory Committee shall include the
following:
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H.2.b
a. a resident of the City of Key West if the
Referendum passes; it not, a representative of the business
community in Monroe County;
b. a resident of the Lower Keys as defined by the
Monroe County Comprehensive Plan;
C. a resident of the Middle Keys as defined by the
Monroe County Comprehensive Plan;
d. a resident of the Upper Keys as defined by the
Monroe County Comprehensive Plan;
e. a representative of a not-for-profit corporation
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or association dedicated to the acquisition of land for
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conservation and preservation purposes. 'y
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A single member of the Advisory Committee may satisfy
more than one of the membership requirements. One member of the
Advisory Committee shall be elected as Chairman at the first
meeting held after January 1 of each year. No member shall serve J
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as Chairman for more than three consecutive terms. Any member N
who shall miss four consecutive meetings shall be deemed to have
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forfeited his or her membership and a new member shall be w
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appointed to serve out the balance of the disqualified member's
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term.
Section 7. Meetings and Actions of the Monroe County
Comprehensive Plan Land Authority Advisory Committee.
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a. Meetings. Meetings of the Monroe County v
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Comprehensive Plan Land Authority Advisory Committee shall be c
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held at least monthly and at the call of the Chairman or upon the O
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request of three members of the Advisory Committee. All meetings E
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shall be open to the public and notice of such meetings shall be w
given as required for the meetings of the Board of County
Commissioners.
b. Quorum and Voting. A majority of the Advisory
Committee shall constitute a quorum and the affirmative vote of a
majority of those members present shall be required to take
official action.
C. Expenses. Members of the Land Authority Committee
shall receive no compensation for services, but shall be entitled
to necessary expenses including per diem and travel expenses
incurred in the discharge of official duties as provided by law.
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H.2.b
Section 8. Powers, Duties and Responsibilities of the
Monroe County Comprehensive Plan Land Authority Advisory
Committee. The Advisory Committee shall establish, on or before
January 15 of each year, an identification and prioritization of
land acquisition for the Land Authority. The Advisory Committee
shall give priority according to the following:
a. priority shall be given to the acquisition of
parcels of land for which a qualified option was given to the
Land Authority prior to January 15, 1987 over all parcels of land
for which no such option was given. For the purposes of this
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section, a qualified option shall mean:
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(1) a bona fide, irrevocable offer to sell at a fixed y
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price for a period of at least one year;
(2) an offer to sell at no more than 115 percent of
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the assessed value of the parcel of land according to the most
recent tax assessment prior to June 1, 1986; and
(3) an offer containing an express request and
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authorization to retain priority for the acquisition of the
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parcel of land by renewing the option for an additional period of w
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at least one year.
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b. priority shall be given to parcels of land located 0-
within designated Areas of Critical County Concern over all
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parcels of land not located within an Area of Critical County
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Concern; and v
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C. priority shall be given to parcels of land that c
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are located in areas that are served by inadequate or deficient O
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public services. E
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Section 9. Selection of Parcels of Land for Acquisition. w
The Monroe County Comprehensive Plan Land Authority shall select
lands for acquisition by approving in whole or in part the list
of parcels identified and prioritized by the Advisory Committee.
The Land Authority shall have the authority to delete identified
parcels from the list complied by the Advisory Committee, but
shall have no authority to otherwise change the priority of
acquisition or to add parcels of land to the list for
acquisition. No property shall be acquired unless:
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H.2.b
a. the acquisition is consistent with the Monroe
County Comprehensive Plan and Land Development Regulations;
b. the property to be acquired is within an area
designated as an Area of Critical State Concern at the time of
acquisition; and
C. the property to be acquired has not, within 1 year
of and at the time of acquisition, been selected for purchase
through another local, regional, state or federal public land
acquisition program.
Section 10. Annual Report. The Land Authority shall,
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within six months after the end of each fiscal year, prepare and
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submit to the Governor and the presiding officers of each of the y
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Houses of the Legislature a complete and detailed report s
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describing:
a. the activities of the Land Authority during the
ended fiscal year including a list of parcels of land or other
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interests acquired or sold; N
b. an accounting of all receipts and expenditures of
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the Land Authority during the ended fiscal year; and w
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C. the Land Authority's assets and liabilities at the
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end of the fiscal year and the status of funds, reserve, special 2
or other.
Section 11. Plan of Acquisition.
a. Within six months after the effective date of this
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Ordinance, the Land Authority, with the advice of the Advisory
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Committee, shall prepare a Final Plan of Acquisition. The Final O
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Plan of Acquisition shall set forth the following:
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(1) a comprehensive survey of all possible acquisi-
tions, including fee and less than fee acquisitions. The survey
shall be prepared in narrative and graphic form at a scale of not
less than one inch equals 200 feet;
(2) a decision making format for identifying the
priority of acquisitions;
(3) a budget and schedule for land acquisition,
including the issuance of bonds;
(4) a program of lot consolidation and resale
including:
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H.2.b
(a) the location of appropriate lot consolidation
projects;
(b) the planning criteria to be employed in
reconfiguring the lots; and
(c) a resale program providing for bulk sale,
joint venture or individual lot sales;
(5) a program of investment for funds not needed for
immediate disbursement.
b. The Land Authority shall conduct a public hearing
on the Plan of Acquisition after publication of notice of the
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hearing at least 15 days prior to the hearing.
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C. The Final Plan of Acquisition shall be adopted no y
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later than 6 months after the effective date of this Ordinance.
Section 12. Interim Plan of Acquisition. Until the Final
Plan of Acquisition is adopted by the Land Authority, the Land
Authority shall not acquire any interest in any parcel of land,
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except by gift, devise or bequest, unless the parcel of land or
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interest in real property meets the following minimum
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requirements: w
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a, the parcel of land or interest in real property
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must be offered to the Land Authority at no more than 115 percent
of the assessed valuation of the parcel or interest on June 1,
1986; and
b. the parcel of land or interest in real property CD
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has been rendered undevelopable by the adoption of the Monroe c
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County Comprehensive Plan, or if the parcel of land or interest O
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in real property is developable under the Monroe County E
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Comprehensive Plan and the parcel or interest is located in an w
area with inadequate facilities as defined by Section 9-052 of
the Monroe County Land Development Regulations, or the parcel or
interest is suitable for the development of affordable housing as
defined in the Land Development Regulations; and
C. the parcel of land or interest in real property
has not been, within one year of and at the time of acquisition,
selected for purchase through another local, regional, state or
federal public land acquisition program. For the purposes of
this section, land selected for acquisition shall not include the
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H.2.b
listing of a parcel of land on the CARL list more than one year
prior to the acquisition of the parcel or interest; and
d. the acquisition of the parcel of land or interest
in real estate shall be consistent with the goals, objectives and
policies of the Monroe County Comprehensive Plan.
Section 13. Executive Director. Prior to adopting the
Final Plan of Acquisition, the Monroe County Comprehensive Plan
Land Authority shall employ an Executive Director to serve as the
Chief Executive Officer of the Authority. The Executive Director
shall have the duties and responsibilities of a chief executive
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officer as set forth in the Land Authority Act including the
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employment of staff and consultants subject only to the authority :y
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of the Land Authority. During the interim, the Land Authority
may employ a consultant to act as Interim Executive Director and
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such Interim Executive Director shall have all right, title and
authority of the Executive Director. c
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Section 14. It is the intention of the Board of County
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Commissioners that in the event a court of competent jurisdiction
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should determine that any part of this Ordinance is invalid for w
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any reason, the Board intends that the invalid part be severed
from the balance of the Ordinance so long as the purposes of the
Ordinance to acquire and dispose of real property or interests
therein are still achievable.
Section 15. All ordinances or parts of ordinances in
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conflict with this Ordinance are hereby repealed to the extent of
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any such conflict. O
Section 16. This Ordinance shall take effect immediately c
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upon receipt of official notice from the Office of the Secretary w
of State of the State of Florida that this ordinance has been
filed with said office.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:�
(SEAL) DANNY I+ROLE AGE, Clerk
AT T.ES T: r APPPC°`'''' `gF;Prt
''��— AND aAL S;,
BY
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ADOPTED.
FILED WITH SECRETARY OF STATE: q 2946
EFFECTIVE DATE: �r) - h
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1380.0552 Florida Keys Area; protection and designation as area of critical state concern.—
(1) SHORT TITLE.—This section may be cited as the "Florida Keys Area Protection Act."
(2) LEGISLATIVE INTENT.—It is the intent of the Legislature to:
(a) Establish a land use management system that protects the natural environment of the Florida Keys.
(b) Establish a land use management system that conserves and promotes the community character of
the Florida Keys. 9
(c) Establish a land use management system that promotes orderly and balanced growth in accordance
with the capacity of available and planned public facilities and services.
(d) Provide affordable housing in close proximity to places of employment in the Florida Keys.
(e) Establish a land use management system that promotes and supports a diverse and sound
economic base.
(f) Protect the constitutional rights of property owners to own, use, and dispose of their real property.
(g) Promote coordination and efficiency among governmental agencies that have permitting
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jurisdiction over land use activities in the Florida Keys. `V
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(h) Promote an appropriate land acquisition and protection strategy for environmentally sensitive
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lands within the Florida Keys.
(i) Protect and improve the nearshore water quality of the Florida Keys through federal, state, and
local funding of water quality improvement projects, including the construction and operation of 76
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(11), as
applicable.
(j) Ensure that the population of the Florida Keys can be safely evacuated.
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(3) RATIFICATION OF DESIGNATION.—The designation of the Florida Keys Area as an area of critical
state concern, the boundaries of which are described in chapter 27F-8, Florida Administrative Code, as co
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amended effective August 23, 1984, is hereby ratified.
(4) REMOVAL OF DESIGNATION.—
(a) The designation of the Florida Keys Area as an area of critical state concern under this section may
be recommended for removal upon fulfilling the legislative intent under subsection (2) and completion
of all the work program tasks specified in rules of the Administration Commission.
(b) Beginning November 30, 2010, the state land planning agency shall annually submit a written
report to the Administration Commission describing the progress of the Florida Keys Area toward
completing the work program tasks specified in commission rules.The land planning agency shall
recommend removing the Florida Keys Area from being designated as an area of critical state concern to
the commission if it determines that:
Packet Pg. 1852
H.2.c
1. All of the work program tasks have been completed, including construction of, operation of, and
connection to central wastewater management facilities pursuant to s. 403.086(11) and upgrade of
onsite sewage treatment and disposal systems pursuant to s. 381.0065(4)(1);
2. All local comprehensive plans and land development regulations and the administration of such
plans and regulations are adequate to protect the Florida Keys Area,fulfill the legislative intent specified
in subsection (2), and are consistent with and further the principles guiding development; and
3. A local government has adopted a resolution at a public hearing recommending the removal of the
designation.
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(c) After receipt of the state land planning agency report and recommendation, the Administration
Commission shall determine whether the requirements have been fulfilled and may remove the
designation of the Florida Keys as an area of critical state concern. If the commission removes the
designation, it shall initiate rulemaking to repeal any rules relating to such designation within 60 days. If,
after receipt of the state land planning agency's report and recommendation,the commission finds that
the requirements for recommending removal of designation have not been met, the commission shall
provide a written report to the local governments within 30 days after making such a finding detailing
the tasks that must be completed by the local government.
(d) The Administration Commission's determination concerning the removal of the designation of the
Florida Keys as an area of critical state concern may be reviewed pursuant to chapter 120.All
proceedings shall be conducted by the Division of Administrative Hearings and must be initiated within n'
30 days after the commission issues its determination. `V
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(e) After removal of the designation of the Florida Keys as an area of critical state concern, the state
land planning agency shall review proposed local comprehensive plans, and any amendments to existing
comprehensive plans, which are applicable to the Florida Keys Area,the boundaries of which were >
described in chapter 28-29, Florida Administrative Code, as of January 1, 2006, for compliance as
defined in s. 163.3184. All procedures and penalties described in s. 163.3184 apply to the review
conducted pursuant to this paragraph. '✓
(f) The Administration Commission may adopt rules or revise existing rules as necessary to administer
this subsection.
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(5) APPLICATION OF THIS CHAPTER.—Section 380.05(1)-(5), (9)-(11), (15), (17), and (21) shall not apply
to the area designated by this section for so long as the designation remains in effect. Except as
otherwise provided in this section, s. 380.045 shall not apply to the area designated by this section. All m
other provisions of this chapter shall apply, including s. 380.07.
(6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The Governor, acting as the chief
planning officer of the state, shall appoint a resource planning and management committee for the
Florida Keys Area with the membership as specified in s. 380.045(2). Meetings shall be called as needed
by the chair or on the demand of three or more members of the committee.The committee shall:
(a) Serve as a liaison between the state and local governments within Monroe County.
Packet Pg. 1853
H.2.c
(b) Develop, with local government officials in the Florida Keys Area, recommendations to the state
land planning agency as to the sufficiency of the Florida Keys Area's comprehensive plan and land
development regulations.
(c) Recommend to the state land planning agency changes to state and regional plans and regulatory
programs affecting the Florida Keys Area.
(d) Assist units of local government within the Florida Keys Area in carrying out the planning functions
and other responsibilities required by this section.
(e) Review, at a minimum, all reports and other materials provided to it by the state land planning
agency or other governmental agencies.
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(7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, and local agencies and units of
government in the Florida Keys Area shall coordinate their plans and conduct their programs and
regulatory activities consistent with the principles for guiding development as specified in chapter 27F-8,
Florida Administrative Code, as amended effective August 23, 1984, which is adopted and incorporated
herein by reference. For the purposes of reviewing the consistency of the adopted plan, or any o
amendments to that plan, with the principles for guiding development, and any amendments to the
principles, the principles shall be construed as a whole and specific provisions may not be construed or
applied in isolation from the other provisions. However, the principles for guiding development are
repealed 18 months from July 1, 1986. After repeal, any plan amendments must be consistent with the
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following principles:
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(a) Strengthening local government capabilities for managing land use and development so that local N
government is able to achieve these objectives without continuing the area of critical state concern
a)
designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources,tropical biological communities, freshwater wetlands, native tropical W
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
their habitat.
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(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic "'
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
and ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
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3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
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9. Other utilities, as appropriate.
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(i) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection;treatment and
disposal facilities; the installation and proper operation and maintenance of onsite sewage treatment
and disposal systems; and other water quality and water supply projects, including direct and indirect
potable reuse.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(11),
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems. CD
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(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
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Keys. N
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a >
2
natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining `✓
the Florida Keys as a unique Florida resource.
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(8) COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT REGULATIONS.—The comprehensive
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plan elements and land development regulations approved pursuant to s. 380.05(6), (8), and (14) shall M
be the comprehensive plan elements and land development regulations for the Florida Keys Area.
(9) MODIFICATION TO PLANS AND REGULATIONS.—
(a) Any land development regulation or element of a local comprehensive plan in the Florida Keys Area
may be enacted, amended, or rescinded by a local government, but the enactment, amendment, or
rescission becomes effective only upon approval by the state land planning agency.The state land
planning agency shall review the proposed change to determine if it is in compliance with the principles
for guiding development specified in chapter 27F-8, Florida Administrative Code, as amended effective
August 23, 1984, and must approve or reject the requested changes within 60 days after receipt.
Amendments to local comprehensive plans in the Florida Keys Area must also be reviewed for
compliance with the following:
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1. Construction schedules and detailed capital financing plans for wastewater management
improvements in the annually adopted capital improvements element, and standards for the
construction of wastewater treatment and disposal facilities or collection systems that meet or exceed
the criteria in s.403.086(11) for wastewater treatment and disposal facilities or s. 381.0065(4)(1) for
onsite sewage treatment and disposal systems.
2. Goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster
by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24
hours.The hurricane evacuation clearance time shall be determined by a hurricane evacuation study
conducted in accordance with a professionally accepted methodology and approved by the state land
planning agency.
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(b) The state land planning agency, after consulting with the appropriate local government, may, no _
more than once per year, recommend to the Administration Commission the enactment, amendment,
or rescission of a land development regulation or element of a local comprehensive plan. Within 45 days
following the receipt of such recommendation,the commission shall reject the recommendation, or
accept it with or without modification and adopt it by rule, including any changes. Such local 0
development regulation or plan must be in compliance with the principles for guiding development. 0
History.—s. 6, ch. 79-73; s.4, ch. 86-170; s. 1, ch. 89-342; s. 641, ch. 95-148; s. 3, ch. 2006-223; s. 34, ch.
2010-205; s. 26, ch. 2011-4; s. 7, ch. 2016-225; s. 39, ch. 2020-150.
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1Note.—Section 7, ch. 2006-223, provides that "[i]f the designation of the Florida Keys Area as an area
of critical state concern is removed, the state shall be liable in any inverse condemnation action initiated `CD
V
as a result of Monroe County land use regulations applicable to the Florida Keys Area as described in
chapter 28-29, Florida Administrative Code, and adopted pursuant to instructions from the
Administration Commission or pursuant to administrative rule of the Administration Commission, to the 0
76
same extent that the state was liable on the date the Administration Commission determined that >
2
substantial progress had been made toward accomplishing the tasks of the work program as defined in
s. 380.0552(4)(c), Florida Statutes. If, after the designation of the Florida Keys Area as an area of critical
state concern is removed, an inverse condemnation action is initiated based upon land use regulations
that were not adopted pursuant to instructions from the Administration Commission or pursuant to
administrative rule of the Administration Commission and in effect on the date of the designation's
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removal,the state's liability in the inverse condemnation action shall be determined by the courts in the M
manner in which the state's liability is determined in areas that are not areas of critical state concern.
The state shall have standing to appear in any inverse condemnation action."
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380.0661 Legislative intent.—It is hereby declared that the intent of the Legislature is:
(1) To provide a mechanism to equitably deal with the challenges of implementing comprehensive land
use plans developed pursuant to the area of critical state concern program,which challenges are often
complicated by the environmental sensitivity of such areas.
(2) To provide the mechanism referred to in subsection (1) by creation of a body politic which would
have a stable funding source and the flexibility to address plan implementation innovatively and by
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acting as an intermediary between individual landowners and the governmental entities regulating land
use.
History.—s. 1, ch. 86-170.
380.0662 Definitions.—As used in this act, unless the context indicates a different meaning or intent:
(1) "Land authority" means the land authority created by a county pursuant to this act.
(2) "State" means the State of Florida.
(3) "Bonds" means any bonds, debentures, notes, or other evidences of financial indebtedness issued
on behalf of the land authority pursuant to this act.
(4) "Local government" means a unit of local general-purpose government as defined in s. 218.31(2). .
(5) "Project" means any work or improvement to real property, buildings, and any other property
located in an area of critical state concern.
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(6) "Real property" means all lands located in an area of critical state concern, including improvements
and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith,
and every estate, interest, and right, legal or equitable, therein, including terms of years and liens by
way of judgment, mortgage, or otherwise and the indebtedness secured by such liens.
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(7) "State Bond Act" means ss. 215.57-215.83, as the same may be amended from time to time. cv
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(8) "State Board of Administration" means the State Board of Administration created by and referred
to in s. 4, Art. IV of the State Constitution. m
(9) "Division" means the Division of Bond Finance of the State Board of Administration. o
(10) "Pledged revenues" means revenues to be derived from s. 125.0108 or s. 380.0685, and any other
revenues or assets that may be legally available to pay the principal of, redemption premium if any on,
insurance and cash reserves for, and interest on the bonds derived from sources other than ad valorem `✓
taxation, including revenues from other sources or any combination thereof; however, in no event shall
c)
the full faith and credit of the state or any local government other than the land authority be pledged to
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secure such revenue bonds. CO
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(11) "Authorized investments" means and includes any of the following securities:
(a) Direct obligations of, or obligations guaranteed by, the United States of America.
(b) Bonds, debentures, notes, or other evidences of indebtedness issued by any of the following: Bank
for Cooperatives; federal intermediate credit banks; federal home loan banks; Export-Import Bank of the
United States; federal land banks; Federal National Mortgage Association; Government National
Mortgage Association; Federal Financing Bank; Small Business Administration; or any other agency or
instrumentality of the United States of America, created by an Act of Congress, substantially similar to
the foregoing in its legal relationship to the United States of America.
(c) Public housing bonds issued by public housing agencies and fully secured as to the payment of both
principal and interest by a pledge of annual contributions under an annual contributions contract or
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contracts with the United States of America, and temporary notes, preliminary loan notes, or project
notes issued by public housing agencies, in each case fully secured as to the payment of both principal
and interest by a requisition or payment agreement with the United States of America.
(d) Interest-bearing time or demand deposits, certificates of deposit, or other similar banking
arrangements with any bank, trust company, national banking association, or other depository
institution, including any trustee or other fiduciary with respect to the bonds of the land authority,
provided:
1. The deposits, certificates, and other arrangements are insured to the satisfaction of the land
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authority by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance
Corporation;
2. The depository institution has combined capital and surplus of at least$10 million and the deposits,
certificates, and other arrangements are fully secured by obligations described in paragraphs (a)-(c),
inclusive, or a combination thereof; or
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3. The depository institution has combined capital and surplus of at least$25 million.
(e) Contracts for the purchase and sale of obligations described in paragraphs (a) and (b), provided
that if the parties with which the contracts are made are not members of the Federal Reserve System or
if the parties, including members of the Federal Reserve System, are not required to set aside and cv
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otherwise identify, to the satisfaction of the agency, obligations described in paragraph (a) or paragraph
(b)to such contracts as security or reserve therefor in an amount at least equal to the face value of each
contract, the obligations shall be delivered to and held by a trustee or other fiduciary with respect to the cv
bonds of the agency during the term of the contracts.
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History.—s. 1, ch. 86-170; s. 4, ch. 88-164; s. 300, ch. 92-279; s. 55, ch. 92-326; s. 64, ch. 2013-15.
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380.0663 Land authority; creation, membership, expenses.—
(1) Each county in which one or more areas of critical state concern are located is authorized to create, W
by ordinance, a public body corporate and politic, to be known as a land authority, which may be
renamed by the governing board of the county.The governing body of the land authority shall be the
governing board of the county. For the purposes of this act, the governing body of the land authority
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shall be referred to individually or collectively as the members or membership of the land authority, "'
whichever is appropriate.
(2) The chair and a vice chair shall be elected annually by the members of the land authority.The
membership of the land authority may also designate and elect any additional officers as may be
deemed necessary in order to carry out the responsibilities pursuant to this act.
(3) Members of the land authority shall receive no compensation for services but shall be entitled to
necessary expenses, including per diem and travel expenses, incurred in the discharge of official duties
as provided by law.
History.—s. 1, ch. 86-170; s. 642, ch. 95-148.
380.0664 Quorum; voting; meetings.—The powers of the land authority shall be vested in its members
in office from time to time. A majority of the members of the land authority eligible to vote shall
Packet Pg. 1858
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constitute a quorum for the purpose of conducting its business and exercising its powers and for all
other purposes. Action may be taken by the land authority upon an affirmative vote of a majority of the
members present and eligible to vote; however, no action shall be taken by an affirmative vote of less
than a majority of the total membership. Meetings shall be held at the call of the chair or any three
members.
History.—s. 1, ch. 86-170; s. 643, ch. 95-148.
380.0665 Executive director; agents and employees.—The appointment and removal of an executive
director shall be by the members of the land authority.The executive director shall subsequently
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employ legal and technical experts and such other agents and employees, permanent and temporary, as
the land authority may require.
History.—s. 1, ch. 86-170.
380.0666 Powers of land authority.—The land authority shall have all the powers necessary or
convenient to carry out and effectuate the purposes and provisions of this act, including the following
powers, which are in addition to all other powers granted by other provisions of this act: o
(1) To sue and be sued; to have a seal, to alter the same at pleasure, and to authorize the use of a
facsimile thereof; and to make and execute contracts and other instruments necessary or convenient to
the exercise of the powers of the land authority. cv
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(2) To undertake and carry out studies and analyses of county land planning needs within areas of `V
critical state concern and ways of meeting those needs. `V
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(3)(a) To acquire and dispose of real and personal property or any interest therein when such
acquisition is necessary or appropriate to protect the natural environment, provide public access or
public recreational facilities, preserve wildlife habitat areas, provide affordable housing to families >
2
whose income does not exceed 160 percent of the median family income for the area, prevent or satisfy
private property rights claims resulting from limitations imposed by the designation of an area of critical
state concern, or provide access to management of acquired lands; to acquire interests in land by means W
of land exchanges; to contribute tourist impact tax revenues received pursuant to s. 125.0108 to the
county in which it is located and its most populous municipality or the housing authority of such county
or municipality, at the request of the county commission or the commission or council of such CO
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municipality,for the construction, redevelopment, or preservation of affordable housing in an area of
critical state concern within such municipality or any other area of the county; to contribute funds to the
Department of Environmental Protection for the purchase of lands by the department; and to enter into m
all alternatives to the acquisition of fee interests in land, including, but not limited to, the acquisition of
easements, development rights, life estates, leases, and leaseback arrangements. However, the land
authority shall make an acquisition or contribution only if:
1. Such acquisition or contribution is consistent with land development regulations and local
comprehensive plans adopted and approved pursuant to this chapter;
2. The property acquired is within an area designated as an area of critical state concern at the time of
acquisition or is within an area that was designated as an area of critical state concern for at least 20
consecutive years before removal of the designation;
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3. The property to be acquired has not been selected for purchase through another local, regional,
state, or federal public land acquisition program. Such restriction does not apply if the land authority
cooperates with the other public land acquisition programs which listed the lands for acquisition,to
coordinate the acquisition and disposition of such lands. In such cases, the land authority may enter into
contractual or other agreements to acquire lands jointly or for eventual resale to other public land
acquisition programs; and
4. The acquisition or contribution is not used to improve public transportation facilities or otherwise
increase road capacity to reduce hurricane evacuation clearance times.
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(b) To use revenues received pursuant to s. 125.0108 to pay costs related to affordable housing
projects, including:
1. The cost of acquiring real property and any buildings thereon including payments for contracts to
'
purchase properties;
2. The cost of site preparation, demolition, environmental remediation that is not reimbursed by
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another governmental funding program, and development;
3. Professional fees in connection with the planning, design, and construction of the project, such as
those of architects, engineers, attorneys, and accountants;
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4. The cost of studies, surveys, and plans;
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5. The cost of the construction, rehabilitation, and equipping of the project, excluding permit and
impact fees and mitigation requirements;
6. The cost of on-site land improvements, such as landscaping, parking, and ingress and egress,
excluding permit and impact fees and mitigation requirements; and
2
7. The cost of offsite access roads, except those required to meet hurricane evacuation clearance
times.
(4) To borrow money through the issuance of bonds for the purposes provided in this act,to provide
for and secure the payment thereof, and to provide for the rights of the holders thereof.
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(5) To purchase bonds of the land authority out of any funds or moneys of the land authority available M
therefor and to hold, cancel, or resell such bonds.
(6) To invest any funds held in reserves or sinking funds, or any funds not required for immediate
disbursement, in such investments as may be authorized for trust funds under s. 215.47, and in any
authorized investments, if such investments are made on behalf of the land authority by the State Board
of Administration or by another trustee appointed for that purpose.
(7) To contract for and to accept gifts, grants, loans, or other aid from the United States Government
or any person or corporation, including gifts of real property or any interest therein.
(8) To insure and procure insurance against any loss in connection with any bonds of the land authority
and the land authority's operations, including without limitation:
(a) The repayment of any loans to mortgage lenders or mortgage loans;
Packet Pg. 1860
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(b) Any project;
(c) Any bonds of the land authority;
in such amounts and from such insurers, including the Federal Government, as it may deem necessary or
desirable and to pay any premiums therefor.
(9) To engage the services of private consultants on a contract basis for rendering professional and
technical assistance and advice.
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(10) To make and execute agreements, contracts, and other instruments necessary or convenient in
the exercise of the powers and functions of the land authority under this act, including contracts with
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any person, firm, corporation, local government, or other entity; and all local governments established
under the laws of the state are hereby authorized to enter into and do all things necessary to perform
such contracts and otherwise cooperate with the land authority to facilitate the accomplishment of the
purposes of this act.
(11) To undertake any actions necessary to conduct a feasibility and design study for a solid waste
management facility in an area of critical state concern and, if such project is feasible, to carry out such
project.
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(12) To identify parcels of land within the area or areas of critical state concern that would be cv
appropriate acquisitions by the state and recommend such acquisitions to the advisory council
established pursuant to s. 259.035 or its successor.
(13) To do any and all things necessary or convenient to carry out the purposes of, and exercise the
powers given and granted in, this act.
2
History.—s. 1, ch. 86-170; s. 5, ch. 88-164; s. 3, ch. 88-376; s. 15, ch. 89-116; s. 10, ch. 92-288; s. 40, ch.
99-247; s. 4, ch. 2006-223; s. 38, ch. 2013-18; s. 31, ch. 2015-30; s. 63, ch. 2015-229; s. 8, ch. 2016-225; W
s. 6, ch. 2018-159.
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380.0667 Advisory committee; acquisitions.—
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(1) The land authority shall establish an advisory committee which shall make recommendations M
regarding land acquisition to the land authority in accordance with the criteria set forth in this act.The
advisory committee shall be composed of five members appointed by the land authority.The members
shall serve 3-year terms, except that the initial terms may be for 1 or 2 years in order for terms to be
staggered.The advisory committee shall by resolution recommend acquisitions by presenting the land
authority, at the time specified by the land authority, a list of proposed acquisitions in order of <
recommended priority.
(2) The advisory committee shall prioritize land acquisitions each year according to the following:
(a) Any parcel of undeveloped land for which an option to purchase pursuant to paragraph (b) is given
to the land authority prior to January 15, 1987, shall be given priority over all other acquisitions for
which no such option is given, with further priority given to parcels of land that would have been
Packet Pg. 1861
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developable but for the adoption of the approved comprehensive plan and land development
regulations under s. 380.05.
(b) To qualify as an option under paragraph (a), such option shall:
1. Be for a period of at least 1 year.
2. Offer to sell for a net price to the offeror of no more than 115 percent of the property appraiser's
last assessment prior to June 1, 1986, or, alternatively, offer to sell at no more than appraised value if
approved by the property appraiser, if the appraiser is selected by the land authority and reimbursed by
the offeror.
3. Contain a provision allowing the offeror to retain his or her priority, if the option is not executed
within the term of the option, by renewing said option for one or more similar terms.
(3) The land authority shall approve the list of acquisitions, in whole or in part, in the order of priority
recommended by the advisory committee. Acquisitions shall be made in the approved order of priority
to the greatest extent possible.
History.—s. 1, ch. 86-170; s. 6, ch. 88-164; s. 644, ch. 95-148.
380.0668 Bonds; purpose, terms, approval, limitations.—
(1) The issuance of revenue bonds to provide sufficient funds to achieve the purposes of this act; pay
interest on bonds; pay expenses incident to the issuance and sale of any bond issued pursuant to this `V
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act, including costs of validating, printing, and delivering the bonds, printing the official statement,
publishing notices of sale of the bonds, and related administrative expenses; and pay all other capital
expenditures of the land authority incident to and necessary or convenient to carry out the purposes
and powers granted by this act is authorized, subject and pursuant to the provisions of the State
Constitution and the applicable provisions of this act and of the State Bond Act. Revenue bonds issued
pursuant to this act shall be payable solely from pledged revenues.
(2) All such bonds shall be issued on behalf of the land authority and in the name of the land authority W
by the Division of Bond Finance from time to time, as provided by the State Bond Act,with a term of not
more than 45 years and, except as otherwise provided herein, in such principal amounts as shall be
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necessary to provide sufficient funds to achieve the purposes of the land authority in carrying out this M
act and purposes incident thereto.
(3) There shall be established a debt service reserve account in an amount at least equal to the
greatest amount of principal and interest to become due on such issue in any ensuing state fiscal year or
an amount at least equal to an average of the annual principal and interest, all as may be determined by
the Division of Bond Finance; except that a reserve of a lesser amount may be established if the land
authority, with the concurrence of the Division of Bond Finance, determines that such reserve, if any,
will adequately protect the interests of bondholders.The land authority, with the concurrence of the
division, is authorized to provide the use of an insurance policy or letter of credit in lieu of a debt service
reserve account.
(4)(a) The provisions of the State Bond Act, including, without limitation,the definitions contained
therein, shall be applicable to all bonds issued pursuant to this act, when not in conflict with the
Packet Pg. 1862
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provisions hereof, however, the basis of award of sale of such bonds may be either the net interest cost
or the true or effective interest cost, as set forth in the resolution authorizing the sale of such bonds. In
cases of conflict, the provisions of this act shall be controlling. Solely for purposes of the State Bond Act,
a land authority shall be defined as a state agency.
(b) In actions to validate such bonds pursuant to chapter 75,the complaint shall be filed in the Circuit
Court of Leon County,the notice required by s. 75.06 shall be published in newspapers of general
circulation in the county in which the area or areas of critical state concern involved are located, and the
complaint and order of the court shall be served on the state attorney of the Second Judicial Circuit and
the circuit in which the area or areas of critical state concern involved are located.
(5) Any resolution or resolutions authorizing any bonds issued on behalf of the land authority may
contain provisions, without limitation, which shall be a part of the contract or contracts with the holders _
thereof, as to:
(a) Pledging all or any part of the income or revenues of the land authority to secure the payment of
bonds or of any issue thereof, subject to such agreements with holders of bonds as may then exist.
(b) Pledging all or any part of the income or revenues generated by a solid waste management facility
to secure the payment of bonds or of any issue thereof, subject to such agreements with holders of
bonds as may then exist.
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(c) The procedure, if any, by which the terms of any contract with holders of bonds may be amended
or abrogated,the amount of bonds the holders of which must consent thereto, and the manner in which
such consent may be given. cv
(d) Vesting in a trustee or trustees such property, rights, powers, and duties in trust as the resolution
may determine, which may include any or all of the rights, powers, and duties of the trustee appointed
by the holders of bonds pursuant to this act, and limiting or abrogating the right of holders of bonds to
appoint a trustee under this act or limiting the rights, powers, and duties of such trustee.
(e) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of W
the land authority to the holders of bonds in providing for the rights and remedies of holders of bonds in
the event of such default, including, as a matter of right, the appointment of a receiver; provided such
rights and remedies shall not be inconsistent with the general laws of the state and the other provisions CO
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of this act.
(f) Any other matters of like or different character which in any way affect the security or protection of
holders of bonds.
(6)(a) The bonds issued on behalf of the land authority shall be sold at public sale in the manner
provided by the State Bond Act. However, if the division shall by resolution determine that a negotiated
sale of the bonds is in the best interest of the land authority,the division may negotiate for sale of the
bonds with the underwriter or underwriters designated by the division. In the resolution authorizing the
negotiated sale, the division shall provide specific findings as to the reasons for the negotiated sale.The
reasons shall include, but shall not be limited to, characteristics of the bond issue and prevailing market
conditions that necessitate a negotiated sale. In the event the division decides to negotiate for a sale of
bonds, the managing underwriter, or financial consultant or adviser, if applicable, shall provide to the
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land authority or division, prior to the award of bonds to the managing underwriter, a disclosure
statement containing the following information:
1. An itemized list setting forth the nature and estimated amounts of expenses to be incurred by the
managing underwriter in connection with the issuance of such bonds. Notwithstanding the foregoing,
any such list may include an item for miscellaneous expenses, provided it includes only minor items of
expense which cannot be easily categorized elsewhere in the statement.
2. The names, addresses, and estimated amounts of compensation of any finders connected with the
issuance of the bonds.
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3. The amount of underwriting spread expected to be realized.
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4. Any management fee charged by the managing underwriter.
5. Any other fee, bonus, or compensation estimated to be paid by the managing underwriter in
connection with the bond issue to any person not regularly employed or retained by it.
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6. The name and address of the managing underwriter or underwriters, if any, connected with the
bond issue.
7. Any other disclosure which the division may require.
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This paragraph is not intended to restrict or prohibit the employment of professional services relating to N
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bonds issued under this act or the issuance of bonds by the division under any other law.This paragraph
shall not prohibit the use of private placement bonds. `CD
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(b) In the event an offer of an issue of bonds at public sale produces no bid, or in the event all bids
received are rejected, the division is authorized to negotiate for the sale of the bonds under such rates
and terms as are acceptable; however, no bonds shall be so sold or delivered on terms less favorable
than the terms contained in any bids rejected at the public sale thereof or, if no bids were received at
such public sale, the terms contained in the notice of public sale.
(c) The failure of the land authority or division to comply with one or more provisions of this section
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shall not affect the validity of the bond issue; however, upon such failure to comply, the division shall M
sell all future bonds only at public sale as provided for herein, except as provided in paragraph (b).
(7)(a) No underwriter, commercial bank, investment banker, or financial consultant or adviser shall pay
any finder any bonus, fee, or gratuity in connection with the sale of bonds or revenue bonds issued by
the division unless full disclosure is made to the division prior to or concurrently with the submission of
a purchase proposal for bonds by the underwriter, commercial bank, investment banker, or financial
consultant or adviser and is made subsequently in the official statement or offering circular, if any,
detailing the name and address of any finder and the amount of bonus, fee, or gratuity paid to such
finder.
(b) The willful violation of this subsection is a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(c) No violation of this subsection shall affect the validity of the bond issue.
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(8) As used in this section,the term "finder" means a person who is neither regularly employed by, nor
a partner or officer of, an underwriter, bank, banker, or financial consultant or adviser and who enters
into an understanding with either the issuer or the managing underwriter, or both, for any paid or
promised compensation or valuable consideration, directly or indirectly, expressly or impliedly, to act
solely as an intermediary between such issuer and managing underwriter for the purpose of influencing
any transaction in the purchase of such bonds.
(9) All bonds issued on behalf of the land authority shall state on the face thereof that they are
payable, both as to principal and interest, solely out of the pledged revenues of the land authority and
do not constitute an obligation, either general or special, of the state or of any local government.
(10) All bonds issued on behalf of the land authority are hereby declared to have all the qualities and
incidents of negotiable instruments under the applicable laws of the state.
(11) It is the intent of the Legislature that any pledge of earnings, revenues, or other moneys made by
the land authority shall be valid and binding from the time when the pledge is made; that the earnings,
revenues, or other moneys so pledged and thereafter received by the land authority shall immediately
be subject to the lien of that pledge without any physical delivery thereof or further act; and that the
lien of the pledge shall be valid and binding as against the land authority irrespective of whether the
parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is
created need be recorded or filed pursuant to the Uniform Commercial Code.
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(12) Neither the members or the employees of the land authority or the division nor any person n'
executing the bonds of the land authority shall be liable personally on the bonds or be subject to any `V
personal liability or accountability by reason of the issuance thereof.
History.—s. 1, ch. 86-170; s. 7, ch. 88-164; s. 14, ch. 2012-212.
380.0669 State and local government liability on bonds.—The bonds of the land authority shall not be
a debt of the state or of any local government other than the land authority, and neither the state nor
any local government other than the land authority shall be liable thereon. Except for revenues �--
specifically designated by this act for use by the land authority, the land authority shall not have the
power to pledge the credit, the revenues, or the taxing power of the state or of any local government; 2
and except as provided in this act neither the credit, the revenues, nor the taxing power of the state or CD
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of any local government shall be, or shall be deemed to be, pledged to the payment of any bonds of the M
land authority.
History.—s. 1, ch. 86-170; s. 8, ch. 88-164. m
380.0671 Annual report.—The land authority shall submit to the Governor and the presiding officers of
each house of the Legislature, within 6 months after the end of its fiscal year, a complete and detailed
report setting forth:
(1) Its operations and accomplishments.
(2) Its receipts and expenditures during the fiscal year in accordance with the categories or
classifications established by the land authority for its operating and capital outlay purposes.
(3) Its assets and liabilities at the end of its fiscal year and the status of reserve, special, or other funds.
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(4) A schedule of its bonds outstanding at the end of its fiscal year, together with a statement of the
principal amounts of bonds issued and redeemed during the fiscal year.
History.—s. 1, ch. 86-170.
380.0672 Conflicts of interest.—
(1) Nothing in this section shall be deemed or construed to limit the right of any member, officer, or
employee of the land authority to acquire an interest in bonds of the land authority or have an interest
in any banking institution in which the bonds of the land authority are, or are to be, deposited or which
is, or is to be, acting as trustee or paying agent under any bond resolution,trust indenture, or similar
instrument to which the land authority is a party.
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(2) Under no circumstances shall a financial adviser for bonds of the land authority serve as an
underwriter for the land authority's bonds within 2 years of having been such a financial adviser for such Cr
bonds.
History.—s. 1, ch. 86-170.
380.0673 Exemption from taxes and eligibility as investment.—
(1) The property of the land authority and the transactions and operations thereof and the income
therefrom shall be exempt from taxation by the state and its political subdivisions.The exemption
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granted by this subsection shall not apply to any tax imposed by chapter 220 on interest, income, or N
profits on debt obligations owned by corporations.
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(2) All bonds of the land authority shall be and constitute legal investments without limitation for all
public bodies of this state; for all banks, trust companies, savings banks, savings associations, savings
and loan associations, and investment companies; for all administrators, executors, trustees, and other
fiduciaries; for all insurance companies and associations and other persons carrying on an insurance
business; and for all other persons whatsoever who are now or may hereafter be authorized to invest in
bonds or other obligations of the state and shall be and constitute eligible securities to be deposited as W
collateral for the security of any state, county, municipal, or other public funds.This subsection shall be
considered as additional and supplemental authority and shall not be limited without specific reference 2
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History.—s. 1, ch. 86-170; s. 54, ch. 89-356.
380.0674 Corporate existence.—
(1) The land authority and its corporate existence shall continue until terminated by law or action of
the governing board of the county that established it; however, no such law or action shall take effect so <
long as the land authority shall have bonds outstanding unless adequate provision has been made for
the payment thereof. Upon termination of the existence of the land authority, all its rights and
properties in excess of its obligations shall pass to and be vested in the state.
(2) A land authority created by a county in which one or more areas have been designated as an area
of critical state concern for at least 20 consecutive years prior to removal of the designation shall
continue to exist and exercise all powers granted by this chapter until terminated by law or action of the
governing board pursuant to subsection (1).
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History.—s. 1, ch. 86-170; s. 5, ch. 2006-223.
380.0675 Inconsistent provisions of other laws superseded.—Insofar as the provisions of this act are
inconsistent with the provisions of any other law, general, special, or local, the provisions of this act shall
be controlling.
History.—s. 1, ch. 86-170.
380.0685 State park in area of critical state concern in county which creates land authority; surcharge
on admission and overnight occupancy.—The Department of Environmental Protection shall impose and
collect a surcharge of 50 cents per person per day, or$5 per annual family auto entrance permit, on
admission to all state parks in areas of critical state concern located in a county which creates a land
authority pursuant to s. 380.0663(1), and a surcharge of$2.50 per night per campsite, cabin, or other
overnight recreational occupancy unit in state parks in areas of critical state concern located in a county
which creates a land authority pursuant to s. 380.0663(1); however, no surcharge shall be imposed or
collected under this section for overnight use by nonprofit groups of organized group camps, primitive
camping areas, or other facilities intended primarily for organized group use. Such surcharges shall be
imposed within 90 days after any county creating a land authority notifies the Department of
Environmental Protection that the land authority has been created.The proceeds from such surcharges,
less a collection fee that shall be kept by the Department of Environmental Protection for the actual cost
of collection, not to exceed 2 percent, shall be transmitted to the land authority of the county from
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which the revenue was generated. Such funds shall be used to purchase property in the area or areas of
critical state concern in the county from which the revenue was generated. An amount not to exceed 10
percent may be used for administration and other costs incident to such purchases. However, the cv
proceeds of the surcharges imposed and collected pursuant to this section in a state park or parks m
located wholly within a municipality, less the costs of collection as provided herein, shall be transmitted
to that municipality for use by the municipality for land acquisition or for beach renourishment or
restoration, including, but not limited to, costs associated with any design, permitting, monitoring, and
mitigation of such work, as well as the work itself. However,these funds may not be included in any
calculation used for providing state matching funds for local contributions for beach renourishment or
restoration.The surcharges levied under this section shall remain imposed as long as the land authority
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is in existence.
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History.—s. 3, ch. 86-170; s. 9, ch. 88-164; s. 348, ch. 94-356; s. 2, ch. 2011-110; s. 60, ch. 2011-139. M
380.07 Florida Land and Water Adjudicatory Commission.—
(1) There is hereby created the Florida Land and Water Adjudicatory Commission, which shall consist
of the Administration Commission.The commission may adopt rules necessary to ensure compliance
with the area of critical state concern program.
(2) Whenever any local government issues any development order in any area of critical state concern,
or in regard to the abandonment of any approved development of regional impact, copies of such
orders as prescribed by rule by the state land planning agency shall be transmitted to the state land
planning agency, the regional planning agency, and the owner or developer of the property affected by
such order.The state land planning agency shall adopt rules describing development order rendition and
effectiveness in designated areas of critical state concern. Within 45 days after the order is rendered,
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the owner,the developer, or the state land planning agency may appeal the order to the Florida Land
and Water Adjudicatory Commission by filing a petition alleging that the development order is not
consistent with this part.
(3) Notwithstanding any other provision of law, an appeal of a development order in an area of critical
state concern by the state land planning agency under this section may include consistency of the
development order with the local comprehensive plan.
(4) The appellant shall furnish a copy of the notice of appeal to the opposing party, as the case maybe,
and to the local government that issued the order.The filing of the notice of appeal stays the
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effectiveness of the order until after the completion of the appeal process.
(5) Before issuing an order, the Florida Land and Water Adjudicatory Commission shall hold a hearing
pursuant to chapter 120.The commission shall encourage the submission of appeals on the record
made pursuant to subsection (7) in cases in which the development order was issued after a full and
complete hearing before the local government or an agency thereof.
(6) The Florida Land and Water Adjudicatory Commission shall issue a decision granting or denying o
permission to develop pursuant to the standards of this chapter and may attach conditions and
restrictions to its decisions.
(7) If an appeal is filed with respect to any issues within the scope of a permitting program authorized N
by chapter 161, chapter 373, or chapter 403 and for which a permit or conceptual review approval has CD
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been obtained before the issuance of a development order, any such issue shall be specifically identified
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in the notice of appeal which is filed pursuant to this section, together with other issues that constitute N
grounds for the appeal.The appeal may proceed with respect to issues within the scope of permitting
programs for which a permit or conceptual review approval has been obtained before the issuance of a
development order only after the commission determines by majority vote at a regularly scheduled >
commission meeting that statewide or regional interests may be adversely affected by the development.
In making this determination, there is a rebuttable presumption that statewide and regional interests
relating to issues within the scope of the permitting programs for which a permit or conceptual approval '✓
has been obtained are not adversely affected.
History.—s. 7, ch. 72-317; s. 1, ch. 77-117; s. 3, ch. 77-215; s. 15, ch. 78-95; s. 47, ch. 85-55; s. 18, ch. 86 CD
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191; s. 56, ch. 93-206; s. 13, ch. 96-416; s. 10, ch. 98-146; s. 10, ch. 2006-220; s. 4, ch. 2018-158. M
380.08 Protection of landowners' rights.—
(1) Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue
any order that is unduly restrictive or constitutes a taking of property without the payment of full
compensation, in violation of the constitutions of this state or of the United States.
(2) If any governmental agency authorized to adopt a rule or regulation or issue any order under this
chapter determines that, to achieve the purposes of this chapter, it is in the public interest to acquire
the fee simple or lesser interest in any parcel of land, such agency shall so certify to the state land
planning agency, the Board of Trustees of the Internal Improvement Trust Fund, and other appropriate
governmental agencies. Prior to such agency's acquiring such land,the seller of the land shall file a
statement with the department disclosing,for at least the last 5 years prior to the conveyance of title to
Packet Pg. 1868
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the state, all financial transactions concerning the land and all parties having a financial interest in any
transaction.
(3) If any governmental agency denies a development permit under this chapter, it shall specify its
reasons in writing and indicate any changes in the development proposal that would make it eligible to
receive the permit.
History.—s. 8, ch. 72-317; s. 2, ch. 75-81; s. 16, ch. 84-330; s.4, ch. 89-276; s. 15, ch. 92-288; s. 66, ch.
95-143.
380.085 Judicial review relating to permits and licenses.—
(1) As used in this section, unless the context otherwise requires:
(a) "Agency" means any official, officer, commission, authority, council, committee, department,
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division, bureau, board, section, or other unit or entity of state government.
(b) "Permit" means any permit or license required by this part.
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(2) Any person substantially affected by a final action of any agency with respect to a permit may seek
review within 90 days of the rendering of such decision and request monetary damages and other relief
in the circuit court in the judicial circuit in which the affected property is located; however, circuit court
review shall be confined solely to determining whether final agency action is an unreasonable exercise
of the state's police power constituting a taking without just compensation. Review of final agency cv
action for the purpose of determining whether the action is in accordance with existing statutes or rules
and based on competent substantial evidence shall proceed in accordance with chapter 120.
(3) If the court determines the decision reviewed is an unreasonable exercise of the state's police
power constituting a taking without just compensation, the court shall remand the matter to the agency
which shall,within a reasonable time:
(a) Agree to issue the permit; W
(b) Agree to pay appropriate monetary damages; however, in determining the amount of
compensation to be paid, consideration shall be given by the court to any enhancement to the value of
the land attributable to governmental action; or CD
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(c) Agree to modify its decision to avoid an unreasonable exercise of police power.
(4) The agency shall submit a statement of its agreed-upon action to the court in the form of a
proposed order. If the action is a reasonable exercise of police power, the court shall enter its final order
approving the proposed order. If the agency fails to submit a proposed order within a reasonable time
not to exceed 90 days which specifies an action that is a reasonable exercise of police power,the court
may order the agency to perform any of the alternatives specified in subsection (3).
(5) The court shall award reasonable attorney's fees and court costs to the agency or substantially
affected person, whichever prevails.
(6) The provisions of this section are cumulative and shall not be deemed to abrogate any other
remedies provided by law.
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History.—ss. 1, 2, 3,4, 5, 6, ch. 78-85.
380.11 Enforcement; procedures; remedies.—
(1) JUDICIAL REMEDIES.—
(a) The state land planning agency, a state attorney, a county, and a municipality are each authorized
to bring an action for injunctive relief, both temporary and permanent, against any person or developer
found to be in violation of the provisions of this part or any rules, regulations, or orders issued
thereunder.
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(b) It shall not be a defense to, or ground for dismissal of, an action for injunctive relief brought by the
state land planning agency that it has failed to exhaust its administrative remedies.
(2) ADMINISTRATIVE REMEDIES.—
(a) If the state land planning agency has reason to believe a violation of this part or any rule,
development order, or other order issued hereunder or of any agreement entered into under s.
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380.032(3) has occurred or is about to occur, it may institute an administrative proceeding pursuant to
this section to prevent, abate, or control the conditions or activity creating the violation.
(b) An administrative proceeding shall be instituted by service by the state land planning agency of a
written notice of violation upon the alleged violator, by certified mail.The notice shall specify the law,
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rule, development order, or other order alleged to be violated and the facts alleged to constitute a N
violation. An order directing cessation or prevention of the conditions or action that caused the notice
of violation to be served may be included with the notice. However, no order served with the notice of
violation is final and effective until 20 days after the date of service or until the conclusion of a properly
requested administrative hearing. A request for an administrative hearing shall be in writing and shall be
filed with the clerk of the state land planning agency within 20 days after the date of service of the >
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notice upon the alleged violator.The failure to request an administrative hearing within the 20-day
period constitutes a waiver thereof, and the notice of violation and any accompanying corrective order
shall become final agency action.The state land planning agency may seek enforcement of its final W
agency action in accordance with s. 120.69 or by written agreement entered into with the alleged
violator pursuant to s. 380.032(3).
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(c) The state land planning agency may institute an administrative proceeding against any developer or "'
responsible party pertaining to any area of critical state concern designated in s. 380.05, s. 380.055, s.
380.0551, or s. 380.0552:
1. To enjoin development activity if the damage or injury is caused by the development activity or by a
violation of s. 380.05, s. 380.055, s. 380.0551, s. 380.0552, a rule of any governmental agency, or a
development order.
2. To require the responsible party to replace or restore a deteriorated, damaged, injured, or
otherwise significantly impacted natural, historical, or archaeological resource, major public facility, or
area of major public investment if the damage or injury is caused by the development activity or by a
violation of s. 380.05, s. 380.055, s. 380.0551, s. 380.0552, a rule of any governmental agency, or a
development order.
Packet Pg. 1870
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3. To require the governmental agency to properly administer critical area regulations.
(d) The state land planning agency may institute an administrative proceeding against any developer
or responsible party to obtain compliance with s. 380.06 and binding letters, agreements, rules, orders,
or development orders issued pursuant to s. 380.032(3), s. 380.05, s. 380.06, or s. 380.07.The state land
planning agency may seek enforcement of its final agency action in accordance with s. 120.69 or by
written agreement with the alleged violator pursuant to s. 380.032(3).
History.—s. 3, ch. 74-326; s. 129, ch. 79-190; s. 34, ch. 81-167; s. 34, ch. 83-55; s. 5, ch. 83-308; s. 48, ch.
85-55; s. 57, ch. 93-206; s. 14, ch. 96-416; s. 19, ch. 2018-158.
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380.115 Vested rights and duties; changes in statewide guidelines and standards.—A development
that has received a development-of-regional-impact development order pursuant to s. 380.06 but is no
longer required to undergo development-of-regional-impact review b o eration of law ma elect to
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rescind the development order pursuant to the following procedures:
(1) The development shall continue to be governed by the development-of-regional-impact
development order and may be completed in reliance upon and pursuant to the development order o
unless the developer or landowner has followed the procedures for rescission in subsection (2). Any
proposed changes to developments which continue to be governed by a development-of-regional-
impact development order must be approved pursuant to s. 380.06(7).The local government issuing the
development order must monitor the development and enforce the development order. Local
governments may not issue any permits or approvals or provide any extensions of services if the
developer fails to act in substantial compliance with the development order.The development-of- `V
regional-impact development order may be enforced as provided in s. 380.11.
(2) If requested by the developer or landowner, the development-of-regional-impact development
order shall be rescinded by the local government having jurisdiction upon a showing that all required >
mitigation related to the amount of development that existed on the date of rescission has been
completed or will be completed under an existing permit or equivalent authorization issued by a
governmental agency as defined in s. 380.031(6), if such permit or authorization is subject to '✓
enforcement through administrative or judicial remedies.
History.—s. 96, ch. 2002-20; s. 32, ch. 2002-296; s. 38, ch. 2005-290; s. 11, ch. 2006-220; ss. 57, 61, ch.
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2011-139; s. 3, ch. 2012-75; s. 18, ch. 2012-99; s. 9, ch. 2016-148; s. 5, ch. 2018-158. M
380.12 Rights unaffected by ch. 75-22.—Nothing in chapter 75-22, Laws of Florida, shall alter or affect
rights previously vested under this chapter. m
History.—s. 23, ch. 75-22.
PART II
Packet Pg. 1871