This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0571a.EAF
DATE: 1/12/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 571 Powers of Land Authorities
SPONSOR(S): Mooney
TIED BILLS: IDEN./SIM. BILLS: SB 442
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Environment, Agriculture & Flooding
Subcommittee
14 Y, 0 N Gawin Moore
2) Local Administration & Veterans Affairs
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
Current law authorizes a county in which one or more designated areas of critical state concern are located to
create a land authority by ordinance. The Legislature authorized the creation of land authorities to equitably
address the challenges of implementing comprehensive land use plans developed pursuant to the area of
critical state concern program, which can be complicated by the environmental sensitivity of such areas.
Monroe County is the only county in the state that has established a land authority pursuant to this statutory
authority.
The Monroe County Comprehensive Plan Land Authority, known as the Monroe County Land Authority
(Authority), has a core mission to acquire property for conservation use. The Authority also provides funding for
affordable housing projects, prevention or satisfaction of private property acquisition, and maintains the
conservation land stewardship program in Monroe County within the Florida Keys and Key West Areas of
Critical State Concern.
The bill authorizes a land authority to assist the county in which it is located with the administration of state and
federal grants awarded to the county for residential flood and sea-level rise mitigation projects, including grants
for the elevation of structures above minimum flood elevations; the demolition and reconstruction of structures
above minimum flood elevations; and the acquisition of land with structures at risk of flooding.
The bill does not appear to have a fiscal impact on state or local government. STORAGE NAME: h0571a.EAF PAGE: 2
DATE: 1/12/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Land Authorities
Current law authorizes a county in which one or more designated areas of critical state concern
1
are
located
2
to create a land authority by ordinance.
3
The Legislature authorized the creation of land
authorities to equitably address the challenges of implementing comprehensive land use plans
developed pursuant to the area of critical state concern program, which can be complicated by the
environmental sensitivity of such areas.
4
Monroe County is the only county in the state that has
established a land authority pursuant to this statutory authority.
Land authorities are intended to be both corporate and political public bodies having stable funding and
the flexibility to address plan implementation innovatively and by acting as intermediaries between
individual landowners and the governmental entities regulating land use.
5
The governing body of the
land authority is the governing board of the county.
6
Land authorities’ powers are statutorily enumerated and include, among other powers, the powers to
sue and be sued; to make and execute contracts and other instruments; to commission studies and
analyses of county land planning needs within areas of critical state concern; to acquire and dispose of
real and personal property under specified conditions; to contribute tourist impact tax revenues to
certain authorized government and state agency recipients for specified purposes under certain
conditions; to borrow money through the issuance of bonds and to buy, hold, cancel, or resell such
bonds; and to do any and all things otherwise necessary or convenient to carry out the purposes of the
land authority.
7
Monroe County Land Authority
The Monroe County Comprehensive Plan Land Authority, known as the Monroe County Land Authority
(Authority), has a core mission to acquire property for conservation use.
8
The Authority also provides
funding for affordable housing projects, prevention or satisfaction of private property acquisition, and
maintains the conservation land stewardship program in Monroe County within the Florida Keys and
Key West Areas of Critical State Concern.
9
The Authority was established to assist in the implementation of land use plans and to serve as an
intermediary between landowners and government agencies that regulate land use. The Authority is a
component of Monroe County government created in 1986 and governed by the Board of County
Commissioners.
10
1
The Areas of Critical State Concern Program, which was created by the Florida Environmental Land and Water Management Act of
1972, is intended to protect resources and public facilities of major statewide significance, within designated geographic areas, from
uncontrolled development that would cause substantial deterioration of such resources. Fla. Dep’t of Economic Opportunity, Areas of
Critical State Concern Program, https://floridajobs.org/community-planning-and-development/programs/community-planning-table-
of-contents/areas-of-critical-state-concern (last visited Dec. 21, 2021).
2
The following areas have been designated as areas of critical state concern: Big Cypress Area (portions of Collier, Miami-Dade, and
Monroe counties); Green Swamp Area (portions of Polk and Lake counties); City of Key West and the Florida Keys Areas (Monroe
County); and the Apalachicola Bay Area (Franklin County). Id.
3
Section 380.0663(1), F.S.
4
Section 380.0661(1), F.S.
5
Sections 380.0661(2) and 380.0663(1), F.S.
6
Section 380.0663(1), F.S.
7
Section 380.0666, F.S.
8
Monroe County, Monroe County Land Authority, https://www.monroecounty-fl.gov/272/Land-Authority (last visited Dec. 21, 2021).
9
Id.
10
Id. STORAGE NAME: h0571a.EAF PAGE: 3
DATE: 1/12/2022
Effect of the Bill
The bill authorizes a land authority to assist the county in which it is located with the administration of
state and federal grants awarded to the county for residential flood and sea-level rise mitigation
projects, including grants for the elevation of structures above minimum flood elevations; the demolition
and reconstruction of structures above minimum flood elevations; and the acquisition of land with
structures at risk of flooding.
B. SECTION DIRECTORY:
Section 1. Amends s. 380.0666, F.S., related to powers of land authorities.
Section 2. Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY: STORAGE NAME: h0571a.EAF PAGE: 4
DATE: 1/12/2022
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.