Florida Senate - 2019                              CS for SB 428
       
       
        
       By the Committee on Community Affairs; and Senator Perry
       
       
       
       
       
       578-03524-19                                           2019428c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; requiring certain comprehensive plans
    4         to recognize the terms of existing development orders;
    5         amending s. 163.3177, F.S.; requiring a local
    6         government’s comprehensive plan to include a property
    7         rights element; providing a statement of rights that a
    8         local government may use; requiring each local
    9         government to adopt a property rights element by a
   10         specified date; providing that a local government’s
   11         property rights element may not conflict with the
   12         statutorily provided statement of rights; amending s.
   13         163.3202, F.S.; requiring local land development
   14         regulations to provide for certain existing
   15         development orders; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (3) of section 163.3167, Florida
   20  Statutes, is amended to read:
   21         163.3167 Scope of act.—
   22         (3) A municipality established after the effective date of
   23  this act shall, within 1 year after incorporation, establish a
   24  local planning agency, pursuant to s. 163.3174, and prepare and
   25  adopt a comprehensive plan of the type and in the manner set out
   26  in this act within 3 years after the date of such incorporation.
   27  A county comprehensive plan is shall be deemed controlling until
   28  the municipality adopts a comprehensive plan in accordance
   29  accord with this act. A comprehensive plan that is effective
   30  after January 1, 2019, pursuant to this part, and all land
   31  development regulations adopted to implement such a plan, must
   32  recognize a development order in existence as of the
   33  comprehensive plan’s effective date, may not impair a party’s
   34  ability to complete development in accordance with the
   35  development order, and, notwithstanding whether future
   36  amendments to the development order are sought, must vest the
   37  density and intensity approved by such a development order.
   38         Section 2. Paragraph (i) is added to subsection (6) of
   39  section 163.3177, Florida Statutes, to read:
   40         163.3177 Required and optional elements of comprehensive
   41  plan; studies and surveys.—
   42         (6) In addition to the requirements of subsections (1)-(5),
   43  the comprehensive plan shall include the following elements:
   44         (i) In accordance with the legislative intent expressed in
   45  ss. 163.3161(10) and 187.101(3), that governmental entities must
   46  respect judicially acknowledged and constitutionally protected
   47  private property rights, a property rights element to ensure
   48  that private property rights are considered in local
   49  decisionmaking.
   50         1. A local government may adopt its own property rights
   51  element or use the following statement of rights:
   52  
   53         The following rights shall be considered in local
   54  decisionmaking:
   55         1. The right of a property owner to physically possess and
   56  control his or her interests in the property, including
   57  easements, leases, or mineral rights.
   58         2. The right of the property owner to the quiet enjoyment
   59  of the property, to the exclusion of all others.
   60         3. The right of a property owner to use, maintain, develop,
   61  and improve his or her property for personal use or the use of
   62  any other person, subject to state law and local ordinances.
   63         4. The right of the property owner to privacy and to
   64  exclude others from the property to protect the owner’s
   65  possessions and property.
   66         5. The right of a property owner to dispose of his or her
   67  property through sale or gift.
   68  
   69         2. Each local government must adopt a property rights
   70  element in its comprehensive plan by July 1, 2020. If a local
   71  government adopts its own property rights element, it may not
   72  conflict with the statement of rights provided in subparagraph
   73  1.
   74         Section 3. Paragraph (j) is added to subsection (2) of
   75  section 163.3202, Florida Statutes, to read:
   76         163.3202 Land development regulations.—
   77         (2) Local land development regulations shall contain
   78  specific and detailed provisions necessary or desirable to
   79  implement the adopted comprehensive plan and shall at a minimum:
   80         (j) Provide for existing development orders identified
   81  pursuant to s. 163.3167(3).
   82         Section 4. This act shall take effect July 1, 2019.