Florida Senate - 2019 SB 428 By Senator Perry 8-00799A-19 2019428__ 1 A bill to be entitled 2 An act relating to growth management; amending s. 3 163.3177, F.S.; requiring a local government’s 4 comprehensive plan to include a property rights 5 element; providing a statement of rights that a local 6 government may use; requiring each local government to 7 adopt a property rights element by a specified date; 8 providing that a local government’s property rights 9 element may not conflict with the statutorily provided 10 statement of rights; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (i) is added to subsection (6) of 15 section 163.3177, Florida Statutes, to read: 16 163.3177 Required and optional elements of comprehensive 17 plan; studies and surveys.— 18 (6) In addition to the requirements of subsections (1)-(5), 19 the comprehensive plan shall include the following elements: 20 (i) In accordance with the legislative intent expressed in 21 ss. 163.3161(10) and 187.101(3), that governmental entities must 22 respect judicially acknowledged and constitutionally protected 23 private property rights, a property rights element to ensure 24 that private property rights are considered in local 25 decisionmaking. 26 1. A local government may adopt its own property rights 27 element or use the following statement of rights: 28 29 The following rights shall be considered in local 30 decisionmaking: 31 1. The right of a property owner to physically possess and 32 control his or her interests in the property, including 33 easements, leases, or mineral rights. 34 2. The right of the property owner to the quiet enjoyment 35 of the property, to the exclusion of all others. 36 3. The right of a property owner to use, maintain, develop, 37 and improve his or her property for personal use or the use of 38 any other person, subject to state law and local ordinances. 39 4. The right of the property owner to privacy and to 40 exclude others from the property to protect the owner’s 41 possessions and property. 42 5. The right of a property owner to dispose of his or her 43 property through sale or gift. 44 45 2. Each local government must adopt a property rights 46 element in its comprehensive plan by July 1, 2020. If a local 47 government adopts its own property rights element, it may not 48 conflict with the statement of rights provided in subparagraph 49 1. 50 Section 2. This act shall take effect July 1, 2019.