Florida Senate - 2020                              CS for SB 410
       By the Committee on Community Affairs; and Senator Perry
       578-02686-20                                           2020410c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3168, F.S.; requiring the Department of Economic
    4         Opportunity to give a preference to certain counties
    5         and municipalities when selecting applications for
    6         funding for technical assistance; amending s.
    7         163.3177, F.S.; requiring a comprehensive plan to
    8         include a property rights element; providing a
    9         statement of rights that a local government may use;
   10         requiring a local government to adopt a property
   11         rights element by a specified date; providing that a
   12         local government’s property rights element may not
   13         conflict with the statutorily provided statement of
   14         rights; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Present subsection (4) of section 163.3168,
   19  Florida Statutes, is redesignated as subsection (5), and a new
   20  subsection (4) is added to that section, to read:
   21         163.3168 Planning innovations and technical assistance.—
   22         (4)When selecting applications for funding for technical
   23  assistance, the state land planning agency shall give a
   24  preference to a county that has a population of 200,000 or less,
   25  and to a municipality located within such a county, for
   26  assistance in determining whether the area in and around a
   27  proposed multiuse corridor interchange as described in s.
   28  338.2278 contains appropriate land uses and natural resource
   29  protections and for aid in developing or amending a local
   30  government’s comprehensive plan to provide for such uses,
   31  protections, and intended benefits as provided in s. 338.2278.
   32         Section 2. Paragraph (i) is added to subsection (6) of
   33  section 163.3177, Florida Statutes, to read:
   34         163.3177 Required and optional elements of comprehensive
   35  plan; studies and surveys.—
   36         (6) In addition to the requirements of subsections (1)-(5),
   37  the comprehensive plan shall include the following elements:
   38         (i)1.In accordance with the legislative intent expressed
   39  in ss. 163.3161(10) and 187.101(3) that governmental entities
   40  respect judicially acknowledged and constitutionally protected
   41  private property rights, each local government shall include in
   42  its comprehensive plan a property rights element to ensure that
   43  private property rights are considered in local decisionmaking.
   44  A local government may adopt its own property rights element or
   45  use the following statement of rights:
   47         The following rights shall be considered in local
   48         decisionmaking:
   50         1. The right of a property owner to physically possess
   51         and control his or her interests in the property,
   52         including easements, leases, or mineral rights.
   54         2. The right of the property owner to the quiet
   55         enjoyment of the property, to the exclusion of all
   56         others.
   58         3. The right of a property owner to use, maintain,
   59         develop, and improve his or her property for personal
   60         use or the use of any other person, subject to state
   61         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
   65         owner’s possessions and property.
   67         5. The right of a property owner to dispose of his or
   68         her property through sale or gift.
   70         2.Each local government must adopt a property rights
   71  element in its comprehensive plan by the earlier of its next
   72  proposed plan amendment or July 1, 2023. If a local government
   73  adopts its own property rights element, the element may not
   74  conflict with the statement of rights provided in subparagraph
   75  1.
   76         Section 3. This act shall take effect July 1, 2020.