Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 496
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Community Affairs (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 40 - 85
    4  and insert:
    5  act. A comprehensive plan for a newly incorporated municipality
    6  which becomes effective adopted after January 1, 2016 2019, and
    7  all land development regulations adopted to implement the
    8  comprehensive plan must incorporate each development order
    9  existing before the comprehensive plan’s effective date, may not
   10  impair the completion of a development in accordance with such
   11  existing development order, and must vest the density and
   12  intensity approved by such development order existing on the
   13  effective date of the comprehensive plan without limitation or
   14  modification.
   15         Section 2. Paragraph (i) is added to subsection (6) of
   16  section 163.3177, Florida Statutes, to read:
   17         163.3177 Required and optional elements of comprehensive
   18  plan; studies and surveys.—
   19         (6) In addition to the requirements of subsections (1)-(5),
   20  the comprehensive plan shall include the following elements:
   21         (i)1.In accordance with the legislative intent expressed
   22  in ss. 163.3161(10) and 187.101(3) that governmental entities
   23  respect judicially acknowledged and constitutionally protected
   24  private property rights, each local government shall include in
   25  its comprehensive plan a property rights element to ensure that
   26  private property rights are considered in local decisionmaking.
   27  A local government may adopt its own property rights element or
   28  use the following statement of rights:
   29  
   30         The following rights shall be considered in local
   31         decisionmaking:
   32  
   33         1.The right of a property owner to physically possess
   34         and control his or her interests in the property,
   35         including easements, leases, or mineral rights.
   36  
   37         2.The right of a property owner to use, maintain,
   38         develop, and improve his or her property for personal
   39         use or the use of any other person, subject to state
   40         law and local ordinances.
   41  
   42         3.The right of the property owner to privacy and to
   43         exclude others from the property to protect the
   44         owner’s possessions and property.
   45  
   46         4.The right of a property owner to dispose of his or
   47         her property through sale or gift.
   48  
   49         2.Each local government must adopt a property rights
   50  element in its comprehensive plan by the earlier of its adoption
   51  of its next proposed plan amendment or the next scheduled
   52  evaluation and appraisal of its comprehensive plan pursuant to
   53  s. 163.3191. If a local government
   54  
   55  ================= T I T L E  A M E N D M E N T ================
   56  And the title is amended as follows:
   57         Delete line 11
   58  and insert:
   59         rights element by the earlier of its adoption of its
   60         next proposed plan amendment or the next scheduled
   61         evaluation and appraisal of its comprehensive plan;
   62         prohibiting a