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 (with title amendment)
    3         Between lines 147 and 148
    4  insert:
    5         Section 3. Subsection (3) of section 163.3167, Florida
    6  Statutes, is amended to read:
    7         163.3167 Scope of act.—
    8         (3) A municipality established after the effective date of
    9  this act shall, within 1 year after incorporation, establish a
   10  local planning agency, pursuant to s. 163.3174, and prepare and
   11  adopt a comprehensive plan of the type and in the manner set out
   12  in this act within 3 years after the date of such incorporation.
   13  A county comprehensive plan is shall be deemed controlling until
   14  the municipality adopts a comprehensive plan in accordance
   15  accord with this act. A comprehensive plan that is effective
   16  after January 1, 2019, pursuant to this part, and all land
   17  development regulations adopted to implement such a plan, must
   18  recognize a development order in existence as of the
   19  comprehensive plan’s effective date, may not impair a party’s
   20  ability to complete development in accordance with the
   21  development order, and, notwithstanding whether future
   22  amendments to the development order are sought, must vest the
   23  density and intensity approved by such a development order.
   24         Section 4. Paragraph (i) is added to subsection (6) of
   25  section 163.3177, Florida Statutes, to read:
   26         163.3177 Required and optional elements of comprehensive
   27  plan; studies and surveys.—
   28         (6) In addition to the requirements of subsections (1)-(5),
   29  the comprehensive plan shall include the following elements:
   30         (i)In accordance with the legislative intent expressed in
   31  ss. 163.3161(10) and 187.101(3), that governmental entities must
   32  respect judicially acknowledged and constitutionally protected
   33  private property rights, a property rights element to ensure
   34  that private property rights are considered in local
   35  decisionmaking.
   36         1. A local government may adopt its own property rights
   37  element or use the following statement of rights:
   39         The following rights shall be considered in local
   40  decisionmaking:
   41         1. The right of a property owner to physically possess and
   42  control his or her interests in the property, including
   43  easements, leases, or mineral rights.
   44         2. The right of the property owner to the quiet enjoyment
   45  of the property, to the exclusion of all others.
   46         3. The right of a property owner to use, maintain, develop,
   47  and improve his or her property for personal use or the use of
   48  any other person, subject to state law and local ordinances.
   49         4. The right of the property owner to privacy and to
   50  exclude others from the property to protect the owner’s
   51  possessions and property.
   52         5. The right of a property owner to dispose of his or her
   53  property through sale or gift.
   55         2.Each local government must adopt a property rights
   56  element in its comprehensive plan by July 1, 2020. If a local
   57  government adopts its own property rights element, such property
   58  rights element may not conflict with the statement of rights
   59  provided pursuant to subparagraph 1.
   60         Section 5. Paragraph (j) is added to subsection (2) of
   61  section 163.3202, Florida Statutes, to read:
   62         163.3202 Land development regulations.—
   63         (2) Local land development regulations shall contain
   64  specific and detailed provisions necessary or desirable to
   65  implement the adopted comprehensive plan and shall at a minimum:
   66         (j) Provide for existing development orders identified
   67  pursuant to s. 163.3167(3).
   69  ================= T I T L E  A M E N D M E N T ================
   70  And the title is amended as follows:
   71         Between lines 14 and 15
   72  insert:
   73         163.3167, F.S.; requiring certain comprehensive plans
   74         to recognize the terms of existing development orders;
   75         amending s. 163.3177, F.S.; requiring a local
   76         government’s comprehensive plan to include a property
   77         rights element; providing a statement of rights that a
   78         local government may use; requiring each local
   79         government to adopt a property rights element by a
   80         specified date; providing that a local government’s
   81         property rights element may not conflict with the
   82         statutorily provided statement of rights; amending s.
   83         163.3202, F.S.; requiring local land development
   84         regulations to provide for certain existing
   85         development orders; amending s.