Florida Senate - 2020                                     SB 410
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00228A-20                                            2020410__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3177, F.S.; requiring a comprehensive plan to
    4         include a property rights element; providing a
    5         statement of rights that a local government may use;
    6         requiring a local government to adopt a property
    7         rights element by a specified date; providing that a
    8         local government’s property rights element may not
    9         conflict with the statutorily provided statement of
   10         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)1. In accordance with the legislative intent expressed
   21  in ss. 163.3161(10) and 187.101(3) that governmental entities
   22  respect judicially acknowledged and constitutionally protected
   23  private property rights, each local government shall include in
   24  its comprehensive plan a property rights element to ensure that
   25  private property rights are considered in local decisionmaking.
   26  A local government may adopt its own property rights element or
   27  use the following statement of rights:
   28  
   29         The following rights shall be considered in local
   30         decisionmaking:
   31  
   32         1. The right of a property owner to physically possess
   33         and control his or her interests in the property,
   34         including easements, leases, or mineral rights.
   35  
   36         2. The right of the property owner to the quiet
   37         enjoyment of the property, to the exclusion of all
   38         others.
   39  
   40         3. The right of a property owner to use, maintain,
   41         develop, and improve his or her property for personal
   42         use or the use of any other person, subject to state
   43         law and local ordinances.
   44  
   45         4. The right of the property owner to privacy and to
   46         exclude others from the property to protect the
   47         owner’s possessions and property.
   48  
   49         5. The right of a property owner to dispose of his or
   50         her property through sale or gift.
   51  
   52         2. Each local government must adopt a property rights
   53  element in its comprehensive plan by the earlier of its next
   54  proposed plan amendment or July 1, 2023. If a local government
   55  adopts its own property rights element, the element may not
   56  conflict with the statement of rights provided in subparagraph
   57  1.
   58         Section 2. This act shall take effect July 1, 2020.