Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1730
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Infrastructure and Security (Perry) recommended
       the following:
    1         Senate Amendment to Amendment (611290) (with title
    2  amendment)
    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 deemed controlling until
   15  the municipality adopts a comprehensive plan in accordance
   16  accord with 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:
   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.
   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).
   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.