Florida Senate - 2017                                     SB 940
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00629-17                                             2017940__
    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 sets forth principles,
    8         guidelines, standards, and strategies to achieve
    9         certain objectives; requiring counties and
   10         municipalities to adopt within a specified period land
   11         development regulations consistent with the private
   12         property rights element; providing deadlines for each
   13         local government to adopt a private property rights
   14         element; requiring the state land planning agency to
   15         approve the private property rights element adopted by
   16         each local government if it is substantially in a
   17         specified form; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (9) of section 163.3167, Florida
   22  Statutes, is amended to read:
   23         163.3167 Scope of act.—
   24         (9) Each local government shall address in its
   25  comprehensive plan, as enumerated in this chapter:,
   26         (a) The water supply sources necessary to meet and achieve
   27  the existing and projected water use demand for the established
   28  planning period, considering the applicable plan developed
   29  pursuant to s. 373.709.
   30         (b) The protection of private property rights.
   31         Section 2. Paragraph (i) is added to subsection (6) of
   32  section 163.3177, Florida Statutes, to read:
   33         163.3177 Required and optional elements of comprehensive
   34  plan; studies and surveys.—
   35         (6) In addition to the requirements of subsections (1)-(5),
   36  the comprehensive plan shall include the following elements:
   37         (i)1. In recognition of the legitimate and often competing
   38  public and private interests in land use regulations and other
   39  government action, a property rights element that protects
   40  private property rights. The private property rights element
   41  must set forth the principles, guidelines, standards, and
   42  strategies to guide the local government’s decisions and program
   43  implementation with respect to the following objectives:
   44         a. Consideration of the impact to private property rights
   45  of all proposed development orders, plan amendments, ordinances,
   46  and other government decisions.
   47         b. Encouragement of economic development.
   48         c. Use of alternative, innovative solutions to provide
   49  equal or better protection than the comprehensive plan.
   50         d. Consideration of the degree of harm created by
   51  noncompliance with the provisions of the comprehensive plan.
   52         2. Each county and each municipality within the county
   53  shall, within 1 year after adopting its private property rights
   54  element, adopt land development regulations consistent with this
   55  paragraph.
   56         3. Each local government shall adopt a private property
   57  rights element at its next evaluation and appraisal update
   58  review as required under this section or by July 2019, whichever
   59  occurs first.
   60         4. The state land planning agency shall approve each
   61  private property rights element adopted by a local government if
   62  it is in substantially the following form:
   63         GOAL: In all decisions, the ...(name of commission)... will
   64  take into consideration the balancing of the comprehensive plan
   65  provisions with protection of private property rights; the
   66  encouragement of economic development; the use of alternative,
   67  innovative solutions to provide equal or better protection than
   68  the comprehensive plan; and the degree of harm created by
   69  noncompliance with the provisions of the comprehensive plan.
   70         OBJECTIVE 1: In all decisions rendered under the
   71  comprehensive plan and implementing land development
   72  regulations, the ...(name of local government)... shall balance
   73  the protection of private property rights with the comprehensive
   74  plan provisions applicable to the circumstance.
   75         POLICY 1.1: The ...(name of commission)... shall render its
   76  decisions in support of economic development and in deference to
   77  private property rights.
   78         POLICY 1.2: In all decisions, the ...(name of
   79  commission)... may approve alternative, innovative solutions
   80  that provide equal or better protection than the comprehensive
   81  plan.
   82         POLICY 1.3: If the degree of harm created by noncompliance
   83  with the provisions of the comprehensive plan is minimal or may
   84  be mitigated, the ...(name of local government)... may approve
   85  the applicable request or application.
   86         OBJECTIVE 2: The ...(name of local government)... shall
   87  bring its land development regulations into internal consistency
   88  with the private property rights element.
   89         POLICY 2.1: No later than 1 year after the ...(name of
   90  local government)... adopts the private property rights element,
   91  it shall review and revise its land development regulations as
   92  necessary to make them consistent with that element.
   93         Section 3. This act shall take effect July 1, 2017.