Florida Senate - 2016                                    SB 1560
       By Senator Evers
       2-01246A-16                                           20161560__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; requiring local governments to address
    4         the protection of private property rights in their
    5         comprehensive plans; amending s. 163.3177, F.S.;
    6         requiring the comprehensive plan to include a private
    7         property rights element that addresses certain
    8         objectives; requiring counties and municipalities to
    9         adopt land development regulations consistent with the
   10         private property rights element; providing deadlines
   11         for each local government to adopt a private property
   12         rights element; requiring the state land planning
   13         agency to approve the private property rights element
   14         adopted by each local government if it substantially
   15         complies with a specified form; providing an effective
   16         date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (9) of section 163.3167, Florida
   21  Statutes, is amended to read:
   22         163.3167 Scope of act.—
   23         (9) Each local government shall address in its
   24  comprehensive plan, as enumerated in this chapter:,
   25         (a) The water supply sources necessary to meet and achieve
   26  the existing and projected water use demand for the established
   27  planning period, considering the applicable plan developed
   28  pursuant to s. 373.709.
   29         (b)The protection of private property rights.
   30         Section 2. Paragraph (i) is added to subsection (6) of
   31  section 163.3177, Florida Statutes, to read:
   32         163.3177 Required and optional elements of comprehensive
   33  plan; studies and surveys.—
   34         (6) In addition to the requirements of subsections (1)-(5),
   35  the comprehensive plan shall include the following elements:
   36         (i)1.In recognition of the legitimate and often competing
   37  public and private interests in land use regulations and other
   38  government action, a property rights element that protects
   39  private property rights. The private property rights element
   40  shall set forth the principles, guidelines, standards, and
   41  strategies to guide the local government’s decisions and program
   42  implementation with respect to the following objectives:
   43         a.Consideration of the impact to private property rights
   44  of all proposed development orders, plan amendments, ordinances,
   45  and other government decisions.
   46         b.Encouragement of economic development.
   47         c.Use of alternative, innovative solutions to provide
   48  equal or better protection than the comprehensive plan.
   49         d.Consideration of the degree of harm created by
   50  noncompliance with the provisions of the comprehensive plan.
   51         2.Each county and each municipality within the county
   52  shall, within 1 year after adopting its private property rights
   53  element, adopt land development regulations consistent with this
   54  paragraph.
   55         3.Each local government shall adopt a private property
   56  rights element at its next evaluation and appraisal update
   57  review as required under this section or by July 2018, whichever
   58  occurs first.
   59         4.The state land planning agency shall approve each
   60  private property rights element adopted by a local government if
   61  it is in substantially the following form:
   62         GOAL: In all decisions, the ...(name of commission)... will
   63  take into consideration the balancing of the comprehensive plan
   64  provisions with protection of private property rights; the
   65  encouragement of economic development; the use of alternative,
   66  innovative solutions to provide equal or better protection than
   67  the comprehensive plan; and the degree of harm created by
   68  noncompliance with the provisions of the comprehensive plan.
   69         OBJECTIVE 1: In all decisions rendered under the
   70  comprehensive plan and implementing land development
   71  regulations, the ...(name of local government)... shall balance
   72  the protection of private property rights with the comprehensive
   73  plan provisions applicable to the circumstance.
   74         POLICY 1.1: The ...(name of commission)... shall render its
   75  decisions in support of economic development and in deference to
   76  private property rights.
   77         POLICY 1.2: In all decisions, the ...(name of
   78  commission)... may approve alternative, innovative solutions
   79  that provide equal or better protection than the comprehensive
   80  plan.
   81         POLICY 1.3: If the degree of harm created by noncompliance
   82  with the provisions of the comprehensive plan is minimal or may
   83  be mitigated, the ...(name of local government)... may approve
   84  the applicable request or application.
   85         OBJECTIVE 2: The ...(name of local government)... shall
   86  bring its land development regulations into internal consistency
   87  with the private property rights element.
   88         POLICY 2.1: No later than 1 year after the ...(name of
   89  local government)... adopts the private property rights element,
   90  it shall review and revise its land development regulations as
   91  necessary to make them consistent with that element.
   92         Section 3. This act shall take effect July 1, 2016.