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 deemedcontrolling until 28 the municipality adopts a comprehensive plan in accordance 29 accordwith 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.