Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. CS for SB 1730 Ì327506)Î327506 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (Perry) recommended the following: 1 Senate Amendment to Amendment (611290) (with title 2 amendment) 3 4 Between lines 86 and 87 5 insert: 6 Section 3. Subsection (3) of section 163.3167, Florida 7 Statutes, is amended to read: 8 163.3167 Scope of act.— 9 (3) A municipality established after the effective date of 10 this act shall, within 1 year after incorporation, establish a 11 local planning agency, pursuant to s. 163.3174, and prepare and 12 adopt a comprehensive plan of the type and in the manner set out 13 in this act within 3 years after the date of such incorporation. 14 A county comprehensive plan is
shall be deemedcontrolling until 15 the municipality adopts a comprehensive plan in accordance 16 accordwith this act. A comprehensive plan that is effective 17 after January 1, 2019, pursuant to this part, and all land 18 development regulations adopted to implement such a plan, must 19 recognize a development order in existence as of the 20 comprehensive plan’s effective date; may not impair a party’s 21 ability to complete development in accordance with the 22 development order; and, notwithstanding whether future 23 amendments to the development order are sought, must vest the 24 density and intensity approved by such a development order. 25 Section 4. Paragraph (i) is added to subsection (6) of 26 section 163.3177, Florida Statutes, to read: 27 163.3177 Required and optional elements of comprehensive 28 plan; studies and surveys.— 29 (6) In addition to the requirements of subsections (1)-(5), 30 the comprehensive plan shall include the following elements: 31 (i) In accordance with the legislative intent expressed in 32 ss. 163.3161(10) and 187.101(3) that governmental entities must 33 respect judicially acknowledged and constitutionally protected 34 private property rights, a property rights element to ensure 35 that private property rights are considered in local 36 decisionmaking. 37 1. A local government may adopt its own property rights 38 element or use the following statement of rights: 39 40 The following rights shall be considered in local 41 decisionmaking: 42 1. The right of a property owner to physically possess and 43 control his or her interests in the property, including 44 easements, leases, or mineral rights. 45 2. The right of the property owner to the quiet enjoyment 46 of his or her property, to the exclusion of all others. 47 3. The right of a property owner to use, maintain, develop, 48 or improve his or her property for personal use or the use of 49 any other person, subject to state law and local ordinances. 50 4. The right of the property owner to privacy and to 51 exclude others from the property to protect his or her 52 possessions and property. 53 5. The right of a property owner to dispose of his or her 54 property by sale or gift. 55 56 2. Each local government must adopt a property rights 57 element in its comprehensive plan by July 1, 2020. If a local 58 government adopts its own property rights element, that element 59 may not conflict with the statement of rights provided in 60 subparagraph 1. 61 Section 5. Paragraph (j) is added to subsection (2) of 62 section 163.3202, Florida Statutes, to read: 63 163.3202 Land development regulations.— 64 (2) Local land development regulations shall contain 65 specific and detailed provisions necessary or desirable to 66 implement the adopted comprehensive plan and shall at a minimum: 67 (j) Provide for existing development orders identified 68 pursuant to s. 163.3167(3). 69 70 ================= T I T L E A M E N D M E N T ================ 71 And the title is amended as follows: 72 Between lines 402 and 403 73 insert: 74 163.3167, F.S.; requiring certain comprehensive plans 75 to recognize the terms of existing development orders; 76 amending s. 163.3177, F.S.; requiring a local 77 government’s comprehensive plan to include a property 78 rights element; providing a statement of rights that a 79 local government may use; requiring each local 80 government to adopt a property rights element by a 81 specified date; providing that a local government’s 82 property rights element may not conflict with the 83 statutorily provided statement of rights; amending s. 84 163.3202, F.S.; requiring local land development 85 regulations to provide for certain existing 86 development orders; amending s.