Florida Senate - 2018                                     SB 362
       By Senator Perry
       8-00219-18                                             2018362__
    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 a deadline by which
   13         each local government must adopt a private property
   14         rights element; requiring the state land planning
   15         agency to approve the private property rights element
   16         adopted by each local government if it is
   17         substantially in a specified form; providing an
   18         effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (9) of section 163.3167, Florida
   23  Statutes, is amended to read:
   24         163.3167 Scope of act.—
   25         (9) Each local government shall address in its
   26  comprehensive plan, as enumerated in this chapter:,
   27         (a) The water supply sources necessary to meet and achieve
   28  the existing and projected water use demand for the established
   29  planning period, considering the applicable plan developed
   30  pursuant to s. 373.709; and.
   31         (b)The protection of private property rights.
   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 recognition of the legitimate and often competing
   39  public and private interests in land use regulations and other
   40  governmental action, a property rights element that protects
   41  private property rights. The private property rights element
   42  must set forth the principles, guidelines, standards, and
   43  strategies that will guide the local government’s decisions and
   44  program implementation with respect to the following objectives:
   45         a.Consideration of the impact on private property rights
   46  of all proposed development orders, plan amendments, ordinances,
   47  and other government decisions.
   48         b.Encouragement of economic development.
   49         c.Use of alternative, innovative solutions to provide
   50  equal or better protection of private property rights than the
   51  comprehensive plan.
   52         d.Consideration of the degree of harm created by
   53  noncompliance with the comprehensive plan.
   54         2.Each county and each municipality within the county
   55  shall, within 1 year after adopting its private property rights
   56  element, adopt land development regulations consistent with this
   57  paragraph.
   58         3.Each local government shall adopt a private property
   59  rights element at its next evaluation and appraisal update
   60  review as required under this section or by July 2020, whichever
   61  occurs first.
   62         4.The state land planning agency shall approve each
   63  private property rights element adopted by a local government if
   64  it is in substantially the following form:
   65         GOAL: In all decisions, the ...(name of commission)... will
   66  take into consideration the balancing of the comprehensive plan
   67  provisions with the protection of private property rights; the
   68  encouragement of economic development; the use of alternative,
   69  innovative solutions to provide equal or better protection than
   70  the comprehensive plan; and the degree of harm created by
   71  noncompliance with the comprehensive plan.
   72         OBJECTIVE 1: In all decisions rendered under the
   73  comprehensive plan and implementing land development
   74  regulations, the ...(name of local government)... shall balance
   75  the protection of private property rights with the comprehensive
   76  plan provisions applicable to the circumstance.
   77         POLICY 1.1: The ...(name of commission)... shall render its
   78  decisions in support of economic development and in deference to
   79  private property rights.
   80         POLICY 1.2: In all decisions, the ...(name of
   81  commission)... may approve alternative, innovative solutions
   82  that provide equal or better protection than the comprehensive
   83  plan.
   84         POLICY 1.3: If the degree of harm created by noncompliance
   85  with the comprehensive plan is minimal or may be mitigated, the
   86  ...(name of local government)... may approve the applicable
   87  request or application.
   88         OBJECTIVE 2: The ...(name of local government)... shall
   89  bring its land development regulations into internal consistency
   90  with the private property rights element.
   91         POLICY 2.1: No later than 1 year after the ...(name of
   92  local government)... adopts the private property rights element,
   93  it shall review and revise its land development regulations as
   94  necessary to make them consistent with that element.
   95         Section 3. This act shall take effect July 1, 2018.