Florida Senate - 2014                                    SB 1314
       By Senator Evers
       2-00167A-14                                           20141314__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; requiring local governments to address
    4         the protection of private property rights in their
    5         comprehensive plans; amending s. 163.3177, F.S.;
    6         requiring the comprehensive plan to include a property
    7         rights element that addresses certain objectives;
    8         requiring counties and municipalities to adopt land
    9         development regulations consistent with the property
   10         rights element; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (9) of section 163.3167, Florida
   15  Statutes, is amended to read:
   16         163.3167 Scope of act.—
   17         (9) Each local government shall address in its
   18  comprehensive plan, as enumerated in this chapter:,
   19         (a) The water supply sources necessary to meet and achieve
   20  the existing and projected water use demand for the established
   21  planning period, considering the applicable plan developed
   22  pursuant to s. 373.709; and
   23         (b) The protection of private property rights.
   24         Section 2. Paragraph (i) is added to subsection (6) of
   25  section 163.3177, Florida Statutes, to read:
   26         163.3177 Required and optional elements of comprehensive
   27  plan; studies and surveys.—
   28         (6) In addition to the requirements of subsections (1)-(5),
   29  the comprehensive plan shall include the following elements:
   30         (i) A property rights element that protects private
   31  property rights, in recognition of the legitimate and often
   32  competing public and private interests in land use regulations
   33  and other government action.
   34         1. The property rights element shall set forth the
   35  principles, guidelines, standards, and strategies to guide the
   36  local government’s decisions and program implementation with
   37  respect to the following objectives:
   38         a. Consideration of the impact to private property rights
   39  of all proposed development orders, plan amendments, ordinances,
   40  and other government decisions.
   41         b. Encouragement of economic development.
   42         c. Use of alternative, innovative solutions to provide
   43  equal or better protection than the comprehensive plan.
   44         d. Consideration of the degree of harm created by
   45  noncompliance with the comprehensive plan’s provisions.
   46         2. Each county and each municipality within the county
   47  shall, within 1 year after adopting its property rights element,
   48  adopt land development regulations consistent with this
   49  paragraph.
   50         Section 3. This act shall take effect July 1, 2014.